"u.s.a"california penal code

[هيثم الفقى]

1213. (a) When a probationary order or a judgment, other than of
death, has been pronounced, a copy of the entry of that portion of
the probationary order ordering the defendant confined in a city or
county jail as a condition of probation, or a copy of the entry of
the judgment, or, if the judgment is for imprisonment in the state
prison, either a copy of the minute order or an abstract of the
judgment as provided in Section 1213.5, certified by the clerk of the
court, and a Criminal Investigation and Identification (CII) number
shall be forthwith furnished to the officer whose duty it is to
execute the probationary order or judgment, and no other warrant or
authority is necessary to justify or require its execution.
(b) If a copy of the minute order is used as the commitment
document, the first page or pages shall be identical in form and
content to that prescribed by the Judicial Council for an abstract of
judgment, and other matters as appropriate may be added thereafter.



1213.5. The abstract of judgment provided for in Section 1213 shall
be prescribed by the Judicial Council.



1214. (a) If the judgment is for a fine, including a restitution
fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or
Section 1203.04 as operative on or before August 2, 1995, or Section
13967 of the Government Code, as operative on or before September 28,
1994, with or without imprisonment, or a diversion restitution fee
ordered pursuant to Section 1001.90, the judgment may be enforced in
the manner provided for the enforcement of money judgments generally.
Any portion of a restitution fine or restitution fee that remains
unsatisfied after a defendant is no longer on probation or parole or
has completed diversion is enforceable by the California Victim
Compensation and Government Claims Board pursuant to this section.
Notwithstanding any other provision of law prohibiting disclosure,
the state, as defined in Section 900.6 of the Government Code, a
local public entity, as defined in Section 900.4 of the Government
Code, or any other entity, may provide the California Victim
Compensation and Government Claims Board any and all information to
assist in the collection of unpaid portions of a restitution fine for
terminated probation or parole cases, or of a restitution fee for
completed diversion cases. For purposes of the preceding sentence,
"state, as defined in Section 900.6 of the Government Code," and "any
other entity" shall not include the Franchise Tax Board.
(b) In any case in which a defendant is ordered to pay
restitution, the order to pay restitution (1) is deemed a money
judgment if the defendant was informed of his or her right to have a
judicial determination of the amount and was provided with a hearing,
waived a hearing, or stipulated to the amount of the restitution
ordered, and (2) shall be fully enforceable by a victim as if the
restitution order were a civil judgment, and enforceable in the same
manner as is provided for the enforcement of any other money
judgment. Upon the victim's request, the court shall provide the
victim in whose favor the order of restitution is entered with a
certified copy of that order and a copy of the defendant's disclosure
pursuant to paragraph (4) of subdivision (f) of Section 1202.4,
affidavit or information pursuant to paragraph (5) of subdivision (f)
of Section 1202.4, or report pursuant to paragraph (7) of
subdivision (f) of Section 1202.4. The court also shall provide this
information to the district attorney upon request in connection with
an investigation or prosecution involving perjury or the veracity of
the information contained within the defendant's financial
disclosure. In addition, upon request, the court shall provide the
California Victim Compensation and Government Claims Board with a
certified copy of any order imposing a restitution fine or order and
a copy of the defendant's disclosure pursuant to paragraph (4) of
subdivision (f) of Section 1202.4, affidavit or information pursuant
to paragraph (5) of subdivision (f) of Section 1202.4, or report
pursuant to paragraph (7) of subdivision (f) of Section 1202.4. A
victim shall have access to all resources available under the law to
enforce the restitution order, including, but not limited to, access
to the defendant's financial records, use of wage garnishment and
lien procedures, information regarding the defendant's assets, and
the ability to apply for restitution from any fund established for
the purpose of compensating victims in civil cases. Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation or parole is enforceable by the victim pursuant
to this section. Victims and the California Victim Compensation and
Government Claims Board shall inform the court whenever an order to
pay restitution is satisfied.
(c) Except as provided in subdivision (d), and notwithstanding the
amount in controversy limitation of Section 85 of the Code of Civil
Procedure, a restitution order or restitution fine that was imposed
pursuant to Section 1202.4 in any of the following cases may be
enforced in the same manner as a money judgment in a limited civil
case:
(1) In a misdemeanor case.
(2) In a case involving violation of a city or town ordinance.
(3) In a noncapital criminal case where the court has received a
plea of guilty or nolo contendere.
(d) Chapter 3 (commencing with Section 683.010) of Division 1 of
Title 9 of Part 2 of the Code of Civil Procedure shall not apply to a
judgment for any fine or restitution ordered pursuant to Section
1202.4 or Section 1203.04 as operative on or before August 2, 1995,
or Section 13967 of the Government Code, as operative on or before
September 28, 1994, or to a diversion restitution fee ordered
pursuant to Section 1001.90.



1214.1. (a) In addition to any other penalty in infraction,
misdemeanor, or felony cases, the court may impose a civil assessment
of up to three hundred dollars ($300) against any defendant who
fails, after notice and without good cause, to appear in court for
any proceeding authorized by law or who fails to pay all or any
portion of a fine ordered by the court or to pay an installment of
bail as agreed to under Section 40510.5 of the Vehicle Code. This
assessment shall be deposited in the Trial Court Trust Fund, as
provided in Section 68085.1 of the Government Code.
(b) The assessment shall not become effective until at least 10
calendar days after the court mails a warning notice to the defendant
by first-class mail to the address shown on the notice to appear or
to the defendant's last known address. If the defendant appears
within the time specified in the notice and shows good cause for the
failure to appear or for the failure to pay a fine or installment of
bail, the court shall vacate the assessment.
(c) If a civil assessment is imposed under this section, no bench
warrant or warrant of arrest shall be issued with respect to the
failure to appear at the proceeding for which the assessment is
imposed or the failure to pay the fine or installment of bail. An
outstanding, unserved bench warrant or warrant of arrest for a
failure to appear or for a failure to pay a fine or installment of
bail shall be recalled prior to the subsequent imposition of a civil
assessment.
(d) The assessment imposed under subdivision (a) shall be subject
to the due process requirements governing defense and collection of
civil money judgments generally.
(e) Each court and county shall maintain the collection program
that was in effect on July 1, 2005, unless otherwise agreed to by the
court and county. If a court and a county do not agree on a plan for
the collection of civil assessments imposed pursuant to this
section, or any other collections under Section 1463.010, after the
implementation of Sections 68085.6 and 68085.7 of the Government
Code, the court or the county may request arbitration by a third
party mutually agreed upon by the Administrative Director of the
Courts and the California State Association of Counties.



1214.2. (a) Except as provided in subdivision (c), if a defendant
is ordered to pay a fine as a condition of probation, the order to
pay a fine may be enforced during the term of probation in the same
manner as is provided for the enforcement of money judgments.
(b) Except as provided in subdivision (c), an order to pay a fine
as a condition of probation may also be enforced as follows:
(1) With respect to a willful failure to pay during the term of
probation, in the same manner as a violation of the terms and
conditions of probation.
(2) If any balance remains unpaid at the end of the term of
probation, in the same manner as a judgment in a civil action.
(c) If an order to pay a fine as a condition of probation is
stayed, a writ of execution shall not issue until the stay is lifted.




1214.5. (a) In any case in which the defendant is ordered to pay
more than fifty dollars ($50) in restitution as a condition of
probation, the court may, as an additional condition of probation
since the court determines that the defendant has the ability to pay,
as defined in Section 1203.1b(b), order the defendant to pay
interest at the rate of 10 percent per annum on the principal amount
remaining unsatisfied.
(b) (1) Except as provided in paragraph (2), interest commences to
accrue on the date of entry of the judgment or order.
(2) Unless the judgment or order otherwise provides, if
restitution is payable in installments, interest commences to accrue
as to each installment on the date the installment becomes due.




1215. If the judgment is for imprisonment, or a fine and
imprisonment until it be paid, the defendant must forthwith be
committed to the custody of the proper officer and by him or her
detained until the judgment is complied with. Where, however, the
court has suspended sentence, or where, after imposing sentence, the
court has suspended the execution thereof and placed the defendant on
probation, as provided in Section 1203, the defendant, if over the
age of 16 years, shall be placed under the care and supervision of
the probation officer of the court committing him or her, until the
expiration of the period of probation and the compliance with the
terms and conditions of the sentence, or of the suspension thereof.
Where, however, the probation has been terminated as provided in
Section 1203, and the suspension of the sentence, or of the execution
revoked, and the judgment pronounced, the defendant shall be
committed to the custody of the proper officer and be detained until
the judgment be complied with.


1216. If the judgment is for imprisonment in the state prison, the
sheriff of the county shall, upon receipt of a certified abstract or
minute order thereof, take and deliver the defendant to the warden of
the state prison. The sheriff also shall deliver to the warden the
certified abstract of the judgment or minute order, a Criminal
Investigation and Identification (CII) number, a Confidential
Medical/Mental Health Information Transfer Form indicating that the
defendant is medically capable of being transported, and take from
the warden a receipt for the defendant.



1217. When judgment of death is rendered, a commitment signed by
the judge, and attested by the clerk under the seal of the court must
be drawn and delivered to the sheriff. It must state the conviction
and judgment, and must direct the sheriff to deliver the defendant,
within 10 days from the time of judgment, to the warden of the State
prison of this State designated by the State Board of Prison
Directors for the execution of the death penalty, to be held pending
the decision upon his appeal.



1218. The judge of the court at which a judgment of death is had,
must, immediately after the judgment, transmit to the Governor, by
mail or otherwise, a statement of the conviction and judgment, and a
complete transcript of all the testimony given at the trial including
any arguments made by respective counsel and a copy of the clerk's
transcript.



1219. The Governor may thereupon require the opinion of the
Justices of the Supreme Court and of the Attorney General, or any of
them, upon the statement so furnished.



1227. If for any reason other than the pendency of an appeal
pursuant to subdivision (b) of Section 1239 of this code a judgment
of death has not been executed, and it remains in force, the court in
which the conviction was had shall, on application of the district
attorney, or may upon its own motion, make and cause to be entered an
order appointing a day upon which the judgment shall be executed,
which must not be less than 30 days nor more than 60 days from the
time of making such order; and immediately thereafter, a certified
copy of such order, attested by the clerk, under the seal of the
court, shall, for the purpose of execution, be transmitted by
registered mail to the warden of the state prison having the custody
of the defendant; provided, that if the defendant be at large, a
warrant for his apprehension may be issued, and upon being
apprehended, he shall be brought before the court, whereupon the
court shall make an order directing the warden of the state prison to
whom the sheriff is instructed to deliver the defendant to execute
the judgment at a specified time, which shall not be less than 30
days nor more than 60 days from the time of making such order.
From an order fixing the time for and directing the execution of
such judgment as herein provided, there shall be no appeal.



1227.5. Notwithstanding Section 1227, where a judgment of death has
not been executed by reason of a stay or reprieve granted by the
Governor, the execution shall be carried out on the day immediately
after the period of the stay or reprieve without further judicial
proceedings.

[هيثم الفقى]

APPEALS, WHEN ALLOWED AND HOW TAKEN, AND THE EFFECT
THEREOF



1235. (a) Either party to a felony case may appeal on questions of
law alone, as prescribed in this title and in rules adopted by the
Judicial Council. The provisions of this title apply only to such
appeals.
(b) An appeal from the judgment or appealable order in a felony
case is to the court of appeal for the district in which the court
from which the appeal is taken is located.



1236. The party appealing is known as the appellant, and the
adverse party as the respondent, but the title of the action is not
changed in consequence of the appeal.



1237. An appeal may be taken by the defendant:
(a) From a final judgment of conviction except as provided in
Section 1237.1 and Section 1237.5. A sentence, an order granting
probation, or the commitment of a defendant for insanity, the
indeterminate commitment of a defendant as a mentally disordered ***
offender, or the commitment of a defendant for controlled substance
addiction shall be deemed to be a final judgment within the meaning
of this section. Upon appeal from a final judgment the court may
review any order denying a motion for a new trial.
(b) From any order made after judgment, affecting the substantial
rights of the party.



1237.1. No appeal shall be taken by the defendant from a judgment
of conviction on the ground of an error in the calculation of
presentence custody credits, unless the defendant first presents the
claim in the trial court at the time of sentencing, or if the error
is not discovered until after sentencing, the defendant first makes a
motion for correction of the record in the trial court.



1237.5. No appeal shall be taken by the defendant from a judgment
of conviction upon a plea of guilty or nolo contendere, or a
revocation of probation following an admission of violation, except
where both of the following are met:
(a) The defendant has filed with the trial court a written
statement, executed under oath or penalty of perjury showing
reasonable constitutional, jurisdictional, or other grounds going to
the legality of the proceedings.
(b) The trial court has executed and filed a certificate of
probable cause for such appeal with the clerk of the court.



1238. (a) An appeal may be taken by the people from any of the
following:
(1) An order setting aside all or any portion of the indictment,
information, or complaint.
(2) An order sustaining a demurrer to all or any portion of the
indictment, accusation, or information.
(3) An order granting a new trial.
(4) An order arresting judgment.
(5) An order made after judgment, affecting the substantial rights
of the people.
(6) An order modifying the verdict or finding by reducing the
degree of the offense or the punishment imposed or modifying the
offense to a lesser offense.
(7) An order dismissing a case prior to trial made upon motion of
the court pursuant to Section 1385 whenever such order is based upon
an order granting the defendant's motion to return or suppress
property or evidence made at a special hearing as provided in this
code.
(8) An order or judgment dismissing or otherwise terminating all
or any portion of the action including such an order or judgment
after a verdict or finding of guilty or an order or judgment entered
before the defendant has been placed in jeopardy or where the
defendant has waived jeopardy.
(9) An order denying the motion of the people to reinstate the
complaint or a portion thereof pursuant to Section 871.5.
(10) The imposition of an unlawful sentence, whether or not the
court suspends the execution of the sentence, except that portion of
a sentence imposing a prison term which is based upon a court's
choice that a term of imprisonment (A) be the upper, middle, or lower
term, unless the term selected is not set forth in an applicable
statute, or (B) be consecutive or concurrent to another term of
imprisonment, unless an applicable statute requires that the term be
consecutive. As used in this paragraph, "unlawful sentence" means
the imposition of a sentence not authorized by law or the imposition
of a sentence based upon an unlawful order of the court which strikes
or otherwise modifies the effect of an enhancement or prior
conviction.
(11) An order recusing the district attorney pursuant to Section
1424.
(b) If, pursuant to paragraph (8) of subdivision (a), the people
prosecute an appeal to decision, or any review of such decision, it
shall be binding upon them and they shall be prohibited from refiling
the case which was appealed.
(c) When an appeal is taken pursuant to paragraph (7) of
subdivision (a), the court may review the order granting the
defendant's motion to return or suppress property or evidence made at
a special hearing as provided in this code.
(d) Nothing contained in this section shall be construed to
authorize an appeal from an order granting probation. Instead, the
people may seek appellate review of any grant of probation, whether
or not the court imposes sentence, by means of a petition for a writ
of mandate or prohibition which is filed within 60 days after
probation is granted. The review of any grant of probation shall
include review of any order underlying the grant of probation.



1238.5. Upon appeal by the prosecution pursuant to Section 1238,
where the notice of appeal is filed after the expiration of the time
available to defendant to seek review of an otherwise reviewable
order or ruling and the appeal by the prosecution relates to a matter
decided during the time available to the defendant to seek review of
the otherwise reviewable order or ruling, the time for defendant to
seek such review is reinstated to run from the date the notice of
appeal was filed with proof of service upon defendant or his counsel.

The Judicial Council shall provide by rule for the consolidation
of such petition for review with the prosecution appeal.



1239. (a) Where an appeal lies on behalf of the defendant or the
people, it may be taken by the defendant or his or her counsel, or by
counsel for the people, in the manner provided in rules adopted by
the Judicial Council.
(b) When upon any plea a judgment of death is rendered, an appeal
is automatically taken by the defendant without any action by him or
her or his or her counsel. The defendant's trial counsel, whether
retained by the defendant or court appointed, shall continue to
represent the defendant until completing the additional duties set
forth in paragraph (1) of subdivision (e) of Section 1240.1.



1240. (a) When in a proceeding falling within the provisions of
Section 15421 of the Government Code a person is not represented by a
public defender acting pursuant to Section 27706 of the Government
Code or other counsel and he is unable to afford the services of
counsel, the court shall appoint the State Public Defender to
represent the person except as follows:
(1) The court shall appoint counsel other than the State Public
Defender when the State Public Defender has refused to represent the
person because of conflict of interest or other reason.
(2) The court may, in its discretion, appoint either the State
Public Defender or the attorney who represented the person at his
trial when the person requests the latter to represent him on appeal
and the attorney consents to the appointment. In unusual cases,
where good cause exists, the court may appoint any other attorney.
(3) A court may appoint a county public defender, private
attorney, or nonprofit corporation with which the State Public
Defender has contracted to furnish defense services pursuant to
Government Code Section 15402.
(4) When a judgment of death has been rendered the Supreme Court
may, in its discretion, appoint counsel other than the State Public
Defender or the attorney who represented the person at trial.
(b) If counsel other than the State Public Defender is appointed
pursuant to this section, he may exercise the same authority as the
State Public Defender pursuant to Chapter 2 (commencing with Section
15420) of Part 7 of Division 3 of Title 2 of the Government Code.



1240.1. (a) In any noncapital criminal, juvenile court, or civil
commitment case wherein the defendant would be entitled to the
appointment of counsel on appeal if indigent, it shall be the duty of
the attorney who represented the person at trial to provide counsel
and advice as to whether arguably meritorious grounds exist for
reversal or modification of the judgment on appeal. The attorney
shall admonish the defendant that he or she is not able to provide
advice concerning his or her own competency, and that the State
Public Defender or other counsel should be consulted for advice as to
whether an issue regarding the competency of counsel should be
raised on appeal. The trial court may require trial counsel to
certify that he or she has counseled the defendant as to whether
arguably meritorious grounds for appeal exist at the time a notice of
appeal is filed. Nothing in this section shall be construed to
prevent any person having a right to appeal from doing so.
(b) It shall be the duty of every attorney representing an
indigent defendant in any criminal, juvenile court, or civil
commitment case to execute and file on his or her client's behalf a
timely notice of appeal when the attorney is of the opinion that
arguably meritorious grounds exist for a reversal or modification of
the judgment or orders to be appealed from, and where, in the
attorney's judgment, it is in the defendant's interest to pursue any
relief that may be available to him or her on appeal; or when
directed to do so by a defendant having a right to appeal.
With the notice of appeal the attorney shall file a brief
statement of the points to be raised on appeal and a designation of
any document, paper, pleading, or transcript of oral proceedings
necessary to properly present those points on appeal when the
document, paper, pleading, or transcript of oral proceedings would
not be included in the normal record on appeal according to the
applicable provisions of the California Rules of Court. The
executing of the notice of appeal by the defendant's attorney shall
not constitute an undertaking to represent the defendant on appeal
unless the undertaking is expressly stated in the notice of appeal.
If the defendant was represented by appointed counsel on the trial
level, or if it appears that the defendant will request the
appointment of counsel on appeal by reason of indigency, the trial
attorney shall also assist the defendant in preparing and submitting
a motion for the appointment of counsel and any supporting
declaration or affidavit as to the defendant's financial condition.
These documents shall be filed with the trial court at the time of
filing a notice of appeal, and shall be transmitted by the clerk of
the trial court to the clerk of the appellate court within three
judicial days of their receipt. The appellate court shall act upon
that motion without unnecessary delay. An attorney's failure to file
a motion for the appointment of counsel with the notice of appeal
shall not foreclose the defendant from filing a motion at any time it
becomes known to him or her that the attorney has failed to do so,
or at any time he or she shall become indigent if he or she was not
previously indigent.
(c) The State Public Defender shall, at the request of any
attorney representing a prospective indigent appellant or at the
request of the prospective indigent appellant himself or herself,
provide counsel and advice to the prospective indigent appellant or
attorney as to whether arguably meritorious grounds exist on which
the judgment or order to be appealed from would be reversed or
modified on appeal.
(d) The failure of a trial attorney to perform any duty prescribed
in this section, assign any particular point or error in the notice
of appeal, or designate any particular thing for inclusion in the
record on appeal shall not foreclose any defendant from filing a
notice of appeal on his or her own behalf or from raising any point
or argument on appeal; nor shall it foreclose the defendant or his or
her counsel on appeal from requesting the augmentation or correction
of the record on appeal in the reviewing court.
(e) (1) In order to expedite certification of the entire record on
appeal in all capital cases, the defendant's trial counsel, whether
retained by the defendant or court-appointed, and the prosecutor
shall continue to represent the respective parties. Each counsel's
obligations extend to taking all steps necessary to facilitate the
preparation and timely certification of the record of all trial court
proceedings.
(2) The duties imposed on trial counsel in paragraph (1) shall not
foreclose the defendant's appellate counsel from requesting
additions or corrections to the record on appeal in either the trial
court or the California Supreme Court in a manner provided by rules
of court adopted by the Judicial Council.



1241. In any case in which counsel other than a public defender has
been appointed by the Supreme Court or by a court of appeal to
represent a party to any appeal or proceeding, such counsel shall
receive a reasonable sum for compensation and necessary expenses, the
amount of which shall be determined by the court and paid from any
funds appropriated to the Judicial Council for that purpose. Claim
for the payment of such compensation and expenses shall be made on a
form prescribed by the Judicial Council and presented by counsel to
the clerk of the appointing court. After the court has made its
order fixing the amount to be paid the clerk shall transmit a copy of
the order to the State Controller who shall draw his warrant in
payment thereof and transmit it to the payee.



1242. An appeal taken by the people in no case stays or affects the
operation of a judgment in favor of the defendant, until judgment is
reversed.


1243. An appeal to the Supreme Court or to a court of appeal from a
judgment of conviction stays the execution of the judgment in all
cases where a sentence of death has been imposed, but does not stay
the execution of the judgment or order granting probation in any
other case unless the trial or appellate court shall so order. The
granting or refusal of such an order shall rest in the discretion of
the court, except that a court shall not stay any duty to register as
a *** offender pursuant to Section 290. If the order is made, the
clerk of the court shall issue a certificate stating that the order
has been made.


1244. If the certificate provided for in the preceding section is
filed, the Sheriff must, if the defendant be in his custody, upon
being served with a copy thereof, keep the defendant in his custody
without executing the judgment, and detain him to abide the judgment
on appeal.



1245. If before the granting of the certificate, the execution of
the judgment has commenced, the further execution thereof is
suspended, and upon service of a copy of such certificate the
defendant must be restored, by the officer in whose custody he is, to
his original custody.



1246. The record on appeal shall be made up and filed in such time
and manner as shall be prescribed in rules adopted by the Judicial
Council.

[هيثم الفقى]

1247k. The Judicial Council shall have the power to prescribe by
rules for the practice and procedure on appeal, and for the time and
manner in which the records on such appeals shall be made up and
filed, in all criminal cases in all courts of this state.
The rules shall take effect on July 1, 1943, and thereafter all
laws in conflict therewith shall be of no further force or effect.

[هيثم الفقى]

1248. If the appeal is irregular in any substantial particular, but
not otherwise, the appellate court may order it to be dismissed.

[هيثم الفقى]

1252. On an appeal in a criminal case, no continuance shall be
granted upon stipulation of counsel, and no continuance shall be
granted for any longer period than the ends of justice shall require.
On an appeal by a defendant, the appellate court shall, in addition
to the issues raised by the defendant, consider and pass upon all
rulings of the trial court adverse to the State which it may be
requested to pass upon by the Attorney General.



1253. The judgment may be affirmed if the appellant fail to appear,
but can be reversed only after argument, though the respondent fail
to appear.


1254. Upon the argument of the appeal, if the offense is punishable
with death, two counsel must be heard on each side, if they require
it. In any other case the Court may, in its discretion, restrict the
argument to one counsel on each side.



1255. The defendant need not personally appear in the appellate
Court.


1256. It shall be the duty of the district attorney to cooperate
with and assist the attorney general in presenting all criminal
matters on appeal.

[هيثم الفقى]

1258. After hearing the appeal, the Court must give judgment
without regard to technical errors or defects, or to exceptions,
which do not affect the substantial rights of the parties.



1259. Upon an appeal taken by the defendant, the appellate court
may, without exception having been taken in the trial court, review
any question of law involved in any ruling, order, instruction, or
thing whatsoever said or done at the trial or prior to or after
judgment, which thing was said or done after objection made in and
considered by the lower court, and which affected the substantial
rights of the defendant. The appellate court may also review any
instruction given, refused or modified, even though no objection was
made thereto in the lower court, if the substantial rights of the
defendant were affected thereby.


1260. The court may reverse, affirm, or modify a judgment or order
appealed from, or reduce the degree of the offense or attempted
offense or the punishment imposed, and may set aside, affirm, or
modify any or all of the proceedings subsequent to, or dependent
upon, such judgment or order, and may, if proper, order a new trial
and may, if proper, remand the cause to the trial court for such
further proceedings as may be just under the circumstances.



1261. When a new trial is ordered it must be directed to be had in
the Court of the county from which the appeal was taken.



1262. If a judgment against the defendant is reversed, such
reversal shall be deemed an order for a new trial, unless the
appellate court shall otherwise direct. If the appellate court
directs a final disposition of the action in the defendant's favor,
the court must, if he is in custody, direct him to be discharged
therefrom; or if on bail that his bail may be exonerated; or if money
or other property was deposited instead of bail, that it be refunded
to the defendant or to the person or persons found by the court to
have deposited said money or other property on behalf of said
defendant. If a judgment against the defendant is reversed and the
case is dismissed, or if the appellate court directs a final
disposition of the action in defendant's favor, and defendant has
theretofore paid a fine in the case, such act shall also be deemed an
order of the court that the fine, including any penalty assessment
thereon, be returned to defendant.


1263. If a judgment against the defendant is affirmed, the original
judgment must be enforced.



1265. (a) After the certificate of the judgment has been remitted
to the court below, the appellate court has no further jurisdiction
of the appeal or of the proceedings thereon, and all orders necessary
to carry the judgment into effect shall be made by the court to
which the certificate is remitted. However, if a judgment has been
affirmed on appeal no motion shall be made or proceeding in the
nature of a petition for a writ of error coram nobis shall be brought
to procure the vacation of that judgment, except in the court which
affirmed the judgment on appeal. When a judgment is affirmed by a
court of appeal and a hearing is not granted by the Supreme Court,
the application for the writ shall be made to the court of appeal.
(b) Where it is necessary to obtain personal jurisdiction of the
defendant in order to carry the judgment into effect, upon a
satisfactory showing that other means such as contact by mail, phone,
or notification by means of the defendant's counsel have failed to
secure the defendant's appearance, the court to which the certificate
has been remitted may issue a bench warrant.

[هيثم الفقى]

BAIL
In What Cases the Defendant May Be Admitted to

Bail


1268. Admission to bail is the order of a competent Court or
magistrate that the defendant be discharged from actual custody upon
bail.


1269. The taking of bail consists in the acceptance, by a competent
court or magistrate, of the undertaking of sufficient bail for the
appearance of the defendant, according to the terms of the
undertaking, or that the bail will pay to the people of this state a
specified sum. Upon filing, the clerk shall enter in the register of
actions the date and amounts of such bond and the name or names of
the surety or sureties thereon. In the event of the loss or
destruction of such bond, such entries so made shall be prima facie
evidence of the due execution of such bond as required by law.
Whenever any bail bond has been deposited in any criminal action
or proceeding in a municipal or superior court or in any proceeding
in habeas corpus in a superior court, and it is made to appear to the
satisfaction of the court by affidavit or by testimony in open court
that more than three years have elapsed since the exoneration or
release of said bail, the court must direct that such bond be
destroyed.


1269a. Except as otherwise provided by law, no defendant charged in
a warrant of arrest with any public offense shall be discharged from
custody upon bail except upon a written order of a competent court
or magistrate admitting the defendant to bail in the amount specified
in the indorsement referred to in Section 815a, and where an
undertaking is furnished, upon a written order of such court or
magistrate approving the undertaking. All such orders must be signed
by such court or magistrate and delivered to the officer having
custody of the defendant before the defendant is released. Any
officer releasing any defendant upon bail otherwise than as herein
provided shall be guilty of a misdemeanor.



1269b. (a) The officer in charge of a jail in which an arrested
person is held in custody, an officer of a sheriff's department or
police department of a city who is in charge of a jail or is employed
at a fixed police or sheriff's facility and is acting under an
agreement with the agency that keeps the jail in which an arrested
person is held in custody, an employee of a sheriff's department or
police department of a city who is assigned by the department to
collect bail, the clerk of the superior court of the county in which
the offense was alleged to have been committed, and the clerk of the
superior court in which the case against the defendant is pending may
approve and accept bail in the amount fixed by the warrant of
arrest, schedule of bail, or order admitting to bail in cash or
surety bond executed by a certified, admitted surety insurer as
provided in the Insurance Code, to issue and sign an order for the
release of the arrested person, and to set a time and place for the
appearance of the arrested person before the appropriate court and
give notice thereof.
(b) If a defendant has appeared before a judge of the court on the
charge contained in the complaint, indictment, or information, the
bail shall be in the amount fixed by the judge at the time of the
appearance. If that appearance has not been made, the bail shall be
in the amount fixed in the warrant of arrest or, if no warrant of
arrest has been issued, the amount of bail shall be pursuant to the
uniform countywide schedule of bail for the county in which the
defendant is required to appear, previously fixed and approved as
provided in subdivisions (c) and (d).
(c) It is the duty of the superior court judges in each county to
prepare, adopt, and annually revise a uniform countywide schedule of
bail for all bailable felony offenses and for all misdemeanor and
infraction offenses except Vehicle Code infractions. The penalty
schedule for infraction violations of the Vehicle Code shall be
established by the Judicial Council in accordance with Section 40310
of the Vehicle Code.
(d) A court may, by local rule, prescribe the procedure by which
the uniform countywide schedule of bail is prepared, adopted, and
annually revised by the judges. If a court does not adopt a local
rule, the uniform countywide schedule of bail shall be prepared,
adopted, and annually revised by a majority of the judges.
(e) In adopting a uniform countywide schedule of bail for all
bailable felony offenses the judges shall consider the seriousness of
the offense charged. In considering the seriousness of the offense
charged the judges shall assign an additional amount of required bail
for each aggravating or enhancing factor chargeable in the
complaint, including, but not limited to, additional bail for charges
alleging facts that would bring a person within any of the following
sections: Section 667.5, 667.51, 667.6, 667.8, 667.85, 667.9,
667.10, 12022, 12022.1, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53,
12022.6, 12022.7, 12022.8, or 12022.9 of this code, or Section
11356.5, 11370.2, or 11370.4 of the Health and Safety Code.
In considering offenses in which a violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code is alleged, the judge shall assign an additional amount
of required bail for offenses involving large quantities of
controlled substances.
(f) The countywide bail schedule shall contain a list of the
offenses and the amounts of bail applicable for each as the judges
determine to be appropriate. If the schedule does not list all
offenses specifically, it shall contain a general clause for
designated amounts of bail as the judges of the county determine to
be appropriate for all the offenses not specifically listed in the
schedule. A copy of the countywide bail schedule shall be sent to
the officer in charge of the county jail, to the officer in charge of
each city jail within the county, to each superior court judge and
commissioner in the county, and to the Judicial Council.
(g) Upon posting bail, the defendant or arrested person shall be
discharged from custody as to the offense on which the bail is
posted.
All money and surety bonds so deposited with an officer authorized
to receive bail shall be transmitted immediately to the judge or
clerk of the court by which the order was made or warrant issued or
bail schedule fixed. If, in the case of felonies, an indictment is
filed, the judge or clerk of the court shall transmit all of the
money and surety bonds to the clerk of the court.
(h) If a defendant or arrested person so released fails to appear
at the time and in the court so ordered upon his or her release from
custody, Sections 1305 and 1306 apply.



1269c. If a defendant is arrested without a warrant for a bailable
felony offense or for the misdemeanor offense of violating a domestic
violence restraining order, and a peace officer has reasonable cause
to believe that the amount of bail set forth in the schedule of bail
for that offense is insufficient to assure defendant's appearance or
to assure the protection of a victim, or family member of a victim,
of domestic violence, the peace officer shall prepare a declaration
under penalty of perjury setting forth the facts and circumstances in
support of his or her belief and file it with a magistrate, as
defined in Section 808, or his or her commissioner, in the county in
which the offense is alleged to have been committed or having
personal jurisdiction over the defendant, requesting an order setting
a higher bail. The defendant, either personally or through his or
her attorney, friend, or family member, also may make application to
the magistrate for release on bail lower than that provided in the
schedule of bail or on his or her own recognizance. The magistrate
or commissioner to whom the application is made is authorized to set
bail in an amount that he or she deems sufficient to assure the
defendant's appearance or to assure the protection of a victim, or
family member of a victim, of domestic violence, and to set bail on
the terms and conditions that he or she, in his or her discretion,
deems appropriate, or he or she may authorize the defendant's release
on his or her own recognizance. If, after the application is made,
no order changing the amount of bail is issued within eight hours
after booking, the defendant shall be entitled to be released on
posting the amount of bail set forth in the applicable bail schedule.




1270. (a) Any person who has been arrested for, or charged with, an
offense other than a capital offense may be released on his or her
own recognizance by a court or magistrate who could release a
defendant from custody upon the defendant giving bail, including a
defendant arrested upon an out-of-county warrant. A defendant who is
in custody and is arraigned on a complaint alleging an offense which
is a misdemeanor, and a defendant who appears before a court or
magistrate upon an out-of-county warrant arising out of a case
involving only misdemeanors, shall be entitled to an own recognizance
release unless the court makes a finding on the record, in
accordance with Section 1275, that an own recognizance release will
compromise public safety or will not reasonably assure the appearance
of the defendant as required. Public safety shall be the primary
consideration. If the court makes one of those findings, the court
shall then set bail and specify the conditions, if any, whereunder
the defendant shall be released.
(b) Article 9 (commencing with Section 1318) shall apply to any
person who is released pursuant to this section.



1270.1. (a) Before any person who is arrested for any of the
following crimes may be released on bail in an amount that is either
more or less than the amount contained in the schedule of bail for
the offense, or may be released on his or her own recognizance, a
hearing shall be held in open court before the magistrate or judge:
(1) A serious felony, as defined in subdivision (c) of Section
1192.7, or a violent felony, as defined in subdivision (c) of Section
667.5, but not including a violation of subdivision (a) of Section
460 (residential burglary).
(2) A violation of Section 136.1 where punishment is imposed
pursuant to subdivision (c) of Section 136.1, 262, 273.5, 422 where
the offense is punished as a felony, or 646.9.
(3) A violation of paragraph (1) of subdivision (e) of Section
243.
(4) A violation of Section 273.6 if the detained person made
threats to kill or harm, has engaged in violence against, or has gone
to the residence or workplace of, the protected party.
(b) The prosecuting attorney and defense attorney shall be given a
two court-day written notice and an opportunity to be heard on the
matter. If the detained person does not have counsel, the court
shall appoint counsel for purposes of this section only. The hearing
required by this section shall be held within the time period
prescribed in Section 825.
(c) At the hearing, the court shall consider evidence of past
court appearances of the detained person, the maximum potential
sentence that could be imposed, and the danger that may be posed to
other persons if the detained person is released. In making the
determination whether to release the detained person on his or her
own recognizance, the court shall consider the potential danger to
other persons, including threats that have been made by the detained
person and any past acts of violence. The court shall also consider
any evidence offered by the detained person regarding his or her ties
to the community and his or her ability to post bond.
(d) If the judge or magistrate sets the bail in an amount that is
either more or less than the amount contained in the schedule of bail
for the offense, the judge or magistrate shall state the reasons for
that decision and shall address the issue of threats made against
the victim or witness, if they were made, in the record. This
statement shall be included in the record.



1270.2. When a person is detained in custody on a criminal charge
prior to conviction for want of bail, that person is entitled to an
automatic review of the order fixing the amount of the bail by the
judge or magistrate having jurisdiction of the offense. That review
shall be held not later than five days from the time of the original
order fixing the amount of bail on the original accusatory pleading.
The defendant may waive this review.



1270.5. A defendant charged with an offense punishable with death
cannot be admitted to bail, when the proof of his or her guilt is
evident or the presumption thereof great. The finding of an
indictment does not add to the strength of the proof or the
presumptions to be drawn therefrom.



1271. If the charge is for any other offense, he may be admitted to
bail before conviction, as a matter of right.



1272. After conviction of an offense not punishable with death, a
defendant who has made application for probation or who has appealed
may be admitted to bail:
1. As a matter of right, before judgment is pronounced pending
application for probation in cases of misdemeanors, or when the
appeal is from a judgment imposing a fine only.
2. As a matter of right, before judgment is pronounced pending
application for probation in cases of misdemeanors, or when the
appeal is from a judgment imposing imprisonment in cases of
misdemeanors.
3. As a matter of discretion in all other cases, except that a
person convicted of an offense subject to this subdivision, who makes
a motion for release on bail subsequent to a sentencing hearing,
shall provide notice of the hearing on the bail motion to the
prosecuting attorney at least five court days prior to the hearing.




1272.1. Release on bail pending appeal under subdivision (3) of
Section 1272 shall be ordered by the court if the defendant
demonstrates all the following:
(a) By clear and convincing evidence, the defendant is not likely
to flee. Under this subdivision the court shall consider the
following criteria:
(1) The ties of the defendant to the community, including his or
her employment, the duration of his or her residence, the defendant's
family attachments and his or her property holdings.
(2) The defendant's record of appearance at past court hearings or
of flight to avoid prosecution.
(3) The severity of the sentence the defendant faces.
(b) By clear and convincing evidence, the defendant does not pose
a danger to the safety of any other person or to the community.
Under this subdivision the court shall consider, among other
factors, whether the crime for which the defendant was convicted is a
violent felony, as defined in subdivision (c) of Section 667.5.
(c) The appeal is not for the purpose of delay and, based upon the
record in the case, raises a substantial legal question which, if
decided in favor of the defendant, is likely to result in reversal.
For purposes of this subdivision, a "substantial legal question"
means a close question, one of more substance than would be necessary
to a finding that it was not frivolous. In assessing whether a
substantial legal question has been raised on appeal by the
defendant, the court shall not be required to determine whether it
committed error.
In making its decision on whether to grant defendants' motions for
bail under subdivision (3) of Section 1272, the court shall include
a brief statement of reasons in support of an order granting or
denying a motion for bail on appeal. The statement need only include
the basis for the order with sufficient specificity to permit
meaningful review.


1273. If the offense is bailable, the defendant may be admitted to
bail before conviction:
First--For his appearance before the magistrate, on the
examination of the charge, before being held to answer.
Second--To appear at the Court to which the magistrate is required
to return the depositions and statement, upon the defendant being
held to answer after examination.
Third--After indictment, either before the bench warrant is issued
for his arrest, or upon any order of the Court committing him, or
enlarging the amount of bail, or upon his being surrendered by his
bail to answer the indictment in the Court in which it is found, or
to which it may be transferred for trial.
And after conviction, and upon an appeal:
First--If the appeal is from a judgment imposing a fine only, on
the undertaking of bail that he will pay the same, or such part of it
as the appellate Court may direct, if the judgment is affirmed or
modified, or the appeal is dismissed.
Second--If judgment of imprisonment has been given, that he will
surrender himself in execution of the judgment, upon its being
affirmed or modified, or upon the appeal being dismissed, or that in
case the judgment be reversed, and that the cause be remanded for a
new trial, that he will appear in the Court to which said cause may
be remanded, and submit himself to the orders and process thereof.



1274. When the admission to bail is a matter of discretion, the
Court or officer to whom the application is made must require
reasonable notice thereof to be given to the District Attorney of the
county.


1275. (a) In setting, reducing, or denying bail, the judge or
magistrate shall take into consideration the protection of the
public, the seriousness of the offense charged, the previous criminal
record of the defendant, and the probability of his or her appearing
at trial or hearing of the case. The public safety shall be the
primary consideration.
In considering the seriousness of the offense charged, the judge
or magistrate shall include consideration of the alleged injury to
the victim, and alleged threats to the victim or a witness to the
crime charged, the alleged use of a firearm or other deadly weapon in
the commission of the crime charged, and the alleged use or
possession of controlled substances by the defendant.
(b) In considering offenses wherein a violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code is alleged, the judge or magistrate shall consider the
following: (1) the alleged amounts of controlled substances involved
in the commission of the offense, and (2) whether the defendant is
currently released on bail for an alleged violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code.
(c) Before a court reduces bail below the amount established by
the bail schedule approved for the county, in accordance with
subdivisions (b) and (c) of Section 1269b, for a person charged with
a serious felony, as defined in subdivision (c) of Section 1192.7, or
a violent felony, as defined in subdivision (c) of Section 667.5,
the court shall make a finding of unusual circumstances and shall set
forth those facts on the record. For purposes of this subdivision,
"unusual circumstances" does not include the fact that the defendant
has made all prior court appearances or has not committed any new
offenses.


1275.1. (a) Bail, pursuant to this chapter, shall not be accepted
unless a judge or magistrate finds that no portion of the
consideration, pledge, security, deposit, or indemnification paid,
given, made, or promised for its execution was feloniously obtained.

(b) A hold on the release of a defendant from custody shall only
be ordered by a magistrate or judge if any of the following occurs:
(1) A peace officer, as defined in Section 830, files a
declaration executed under penalty of perjury setting forth probable
cause to believe that the source of any consideration, pledge,
security, deposit, or indemnification paid, given, made, or promised
for its execution was feloniously obtained.
(2) A prosecutor files a declaration executed under penalty of
perjury setting forth probable cause to believe that the source of
any consideration, pledge, security, deposit, or indemnification
paid, given, made, or promised for its execution was feloniously
obtained. A prosecutor shall have absolute civil immunity for
executing a declaration pursuant to this paragraph.
(3) The magistrate or judge has probable cause to believe that the
source of any consideration, pledge, security, deposit, or
indemnification paid, given, made, or promised for its execution was
feloniously obtained.
(c) Once a magistrate or judge has determined that probable cause
exists, as provided in subdivision (b), a defendant bears the burden
by a preponderance of the evidence to show that no part of any
consideration, pledge, security, deposit, or indemnification paid,
given, made, or promised for its execution was obtained by felonious
means. Once a defendant has met such burden, the magistrate or judge
shall release the hold previously ordered and the defendant shall be
released under the authorized amount of bail.
(d) The defendant and his or her attorney shall be provided with a
copy of the declaration of probable cause filed under subdivision
(b) no later than the date set forth in Section 825.
(e) Nothing in this section shall prohibit a defendant from
obtaining a loan of money so long as the loan will be funded and
repaid with funds not feloniously obtained.
(f) At the request of any person providing any portion of the
consideration, pledge, security, deposit, or indemnification paid,
given, made, or promised for its execution, the magistrate or judge,
at an evidentiary hearing to determine the source of the funds, may
close it to the general public to protect the person's right to
privacy in his or her financial affairs.
(g) If the declaration, having been filed with a magistrate or
judge, is not acted on within 24 hours, the defendant shall be
released from custody upon posting of the amount of bail set.
(h) Nothing in this code shall deny the right of the defendant,
either personally or through his or her attorney, bail agent licensed
by the Department of Insurance, admitted surety insurer licensed by
the Department of Insurance, friend, or member of his or her family
from making an application to the magistrate or judge for the release
of the defendant on bail.
(i) The bail of any defendant found to have willfully misled the
court regarding the source of bail may be increased as a result of
the willful misrepresentation. The misrepresentation may be a factor
considered in any subsequent bail hearing.
(j) If a defendant has met the burden under subdivision (c), and a
defendant will be released from custody upon the issuance of a bail
bond issued pursuant to authority of Section 1269 or 1269b by any
admitted surety insurer or any bail agent, approved by the Insurance
Commissioner, the magistrate or judge shall vacate the holding order
imposed under subdivision (b) upon the condition that the
consideration for the bail bond is approved by the court.
(k) As used in this section, "feloniously obtained" means any
consideration, pledge, security, deposit, or indemnification paid,
given, made, or promised for its execution which is possessed,
received, or obtained through an unlawful act, transaction, or
occurrence constituting a felony.



1276. (a) A bail bond or undertaking of bail of an admitted surety
insurer shall be accepted or approved by a court or magistrate
without further acknowledgment if executed by a licensed bail agent
of the insurer under penalty of perjury and issued in the name of the
insurer by a person authorized to do so by an unrevoked power of
attorney on file in the office of the clerk of the county in which
the court or magistrate is located.
(b) One person may both execute and issue the bail bond or
undertaking of bail if qualified as provided in this section.




1276.5. (a) At the time of an initial application to a bail bond
licensee for a bail bond which is to be secured by a lien against
real property, the bail bond licensee shall provide the property
owner with a written disclosure statement in the following form:
"DISCLOSURE OF LIEN AGAINST REAL PROPERTY DO NOT SIGN THIS DOCUMENT
UNTIL YOU READ AND UNDERSTAND IT!
THIS BAIL BOND WILL BE SECURED BY REAL PROPERTY YOU OWN OR IN WHICH
YOU HAVE AN INTEREST. THE FAILURE TO PAY THE BAIL BOND PREMIUMS WHEN
DUE OR THE FAILURE OF THE DEFENDANT TO COMPLY WITH THE CONDITIONS OF
BAIL COULD RESULT IN THE LOSS OF YOUR PROPERTY!"

(b) The disclosure required in subdivision (a) shall be made in
14-point bold type by either of the following means:
(1) A separate and specific document attached to or accompanying
the application.
(2) A clear and conspicuous statement on the face of the
application.
(c) The property owner shall be given a completed copy of the
disclosure statement and of the note and deed of trust or other
instrument creating the lien against real property prior to the
execution of any instrument creating a lien against real property.
The failure to fully comply with subdivision (a) or (b), or this
subdivision, shall render the deed of trust or other instrument
creating the lien against real property voidable.
(d) Within 30 days after notice is given by any individual,
agency, or entity to the surety or bail bond licensee of the
expiration of the time for appeal of the order exonerating the bail
bond, or within 30 days after the payment in full of all moneys owed
on the bail bond obligation secured by any lien against real
property, whichever is later in time, the bail bond licensee shall
deliver to the property owner a fully executed and notarized
reconveyance of title, a certificate of discharge, or a full release
of any lien against real property to secure performance of the
conditions of the bail bond. If a timely notice of appeal of the
order exonerating the bail bond is filed with the court, that 30-day
period shall begin on the date the determination of the appellate
court affirming the order exonerating the bail bond becomes final.
Upon the reconveyance, the licensee shall deliver to the property
owner the original note and deed of trust, security agreement, or
other instrument which secures the bail bond obligation. If the
licensee fails to comply with this subdivision, the property owner
may petition the superior court to issue an order directing the clerk
of the superior court to execute a full reconveyance of title, a
certificate of discharge, or a full release of any lien against real
property created to secure performance of the conditions of the bail
bond. The petition shall be verified and shall allege facts showing
that the licensee has failed to comply with this subdivision.
(e) The violation of this section shall make the violator liable
to the person affected by the violation for all damages which that
person may sustain by reason of the violation plus statutory damages
in the sum of three hundred dollars ($300). The property owner shall
be entitled, if he or she prevails, to recover court costs and
reasonable attorney's fees as determined by the court in any action
brought to enforce this section.

[هيثم الفقى]

1277. When the defendant has been held to answer upon an
examination for a public offense, the admission to bail may be by the
magistrate by whom he is so held, or by any magistrate who has power
to issue the writ of habeas corpus.


1278. (a) Bail is put in by a written undertaking, executed by two
sufficient sureties (with or without the defendant, in the discretion
of the magistrate), and acknowledged before the court or magistrate,
in substantially the following form:

An order having been made on the ____ day of ____, 20__, by ____,
a judge of the ____ Court of ____ County, that ____ be held to answer
upon a charge of (stating briefly the nature of the offense), upon
which he or she has been admitted to bail in the sum of ____ dollars
($____); we, ____ and ____, of ____ (stating their place of residence
and occupation), hereby undertake that the above-named ____ will
appear and answer any charge in any accusatory pleading based upon
the acts supporting the charge above mentioned, in whatever court it
may be prosecuted, and will at all times hold himself or herself
amenable to the orders and process of the court, and if convicted,
will appear for pronouncement of judgment or grant of probation, or
if he or she fails to perform either of these conditions, that we
will pay to the people of the State of California the sum of ____
dollars ($____) (inserting the sum in which the defendant is admitted
to bail). If the forfeiture of this bond be ordered by the court,
judgment may be summarily made and entered forthwith against the said
(naming the sureties), and the defendant if he or she be a party to
the bond, for the amount of their respective undertakings herein, as
provided by Sections 1305 and 1306.

(b) Every undertaking of bail shall contain the bail agent license
number of the owner of the bail agency issuing the undertaking along
with the name, address, and phone number of the agency, regardless
of whether the owner is an individual, partnership, or corporation.
The bail agency name on the undertaking shall be a business name
approved by the Insurance Commissioner for use by the bail agency
owner, and be so reflected in the public records of the commissioner.
The license number of the bail agent appearing on the undertaking
shall be in the same type size as the name, address, and phone number
of the agency.


1279. The qualifications of bail are as follows:
1. Each of them must be a resident, householder, or freeholder
within the state; but the court or magistrate may refuse to accept
any person as bail who is not a resident of the county where bail is
offered;
2. They must each be worth the amount specified in the
undertaking, exclusive of property exempt from execution, except that
if any of the sureties is not worth the amount specified in the
undertaking, exclusive of property exempt from execution, but owns
any equity in real property, a hearing must be held before the
magistrate to determine the value of such equity. Witnesses may be
called and examined at such hearing and if the magistrate is
satisfied that the value of the equity is equal to twice the amount
of the bond such surety is justified. In any case, the court or
magistrate, on taking bail, may allow more than two sureties to
justify severally in amounts less than that expressed in the
undertaking, if the whole justification be equivalent to that of
sufficient bail.



1280. The bail must in all cases justify by affidavit taken before
the magistrate, that they each possess the qualifications provided in
the preceding section. The magistrate may further examine the bail
upon oath concerning their sufficiency, in such manner as he may deem
proper.


1280a. All affidavits for the justification of bail shall set forth
the amount of the bail undertaking, a notice that the affidavit
shall constitute a lien upon the real property described in the
affidavit immediately upon the recordation of the affidavit with the
county recorder pursuant to Section 1280b, and the legal description
and assessor's parcel numbers of the real estate owned by the bail,
which is scheduled as showing that they each possess the
qualifications provided in the preceding sections, the affidavit
shall also show all encumbrances upon the real estate known to
affiants and shall show the number of bonds, if any, on which each
bail has qualified, within one year before the date of the affidavit,
together with the amount of each such bond, the date on which, the
county in which, and the name of the principal for whom each bond was
executed.
The affidavit shall also state the amount of each bail's liability
on bonds executed in previous years and not exonerated at the date
of the execution of the affidavit and be signed and acknowledged by
the owner of the real property.


1280b. It shall be the duty of the judge or magistrate to file with
the clerk of the court, within 24 hours after presentation to him or
her, all affidavits for the justification of bail, by delivering or
mailing them to the clerk of the court. Certified copies of the
affidavits for justification of bail involving equity in real
property may upon the written order of the judge or magistrate be
recorded with the county recorder.



1280.1. (a) From the time of recording an affidavit for the
justification of bail, the affidavit shall constitute an attachment
lien governed by Sections 488.500, 488.510 and 489.310 of the Code of
Civil Procedure in the amount of the bail undertaking, until
exonerated, released, or otherwise discharged. Any release of the
undertaking shall be effected by an order of the court, filed with
the clerk of the court, with a certified copy of the order recorded
in the office of the county recorder.
(b) If the bail is forfeited and summary judgment is entered,
pursuant to Sections 1305 and 1306, the lien shall have the force and
effect of a judgment lien, by recordation of an abstract of
judgment, which, may be enforced and satisfied pursuant to Section
1306 as well as through the applicable execution process set forth in
Title 9 (commencing with Section 680.010) of Part 2 of the Code of
Civil Procedure.



1281. Upon the allowance of bail and the execution and approval of
the undertaking, the magistrate must, if the defendant is in custody,
make and sign an order for his discharge, upon the delivery of which
to the proper officer the defendant must be discharged.



1281a. A judge of the superior court within the county, wherein a
cause is pending against any person charged with a felony, may
justify and approve bail in the said cause, and may execute an order
for the release of the defendant which shall authorize the discharge
of the defendant by any officer having said defendant in custody.

[هيثم الفقى]

1284. When the offense charged is not punishable with death, the
officer serving the bench warrant must, if required, take the
defendant before a magistrate in the county in which it is issued, or
in which he is arrested, for the purpose of giving bail. If the
defendant appears before such magistrate without the bench warrant
having been served upon him, the magistrate shall deliver him into
the custody of the sheriff for the purpose of immediate booking and
the recording of identification data, whereupon the sheriff shall
deliver the defendant back before the magistrate for the purpose of
giving bail.


1285. If the offense charged is punishable with death, the officer
arresting the defendant must deliver him into custody, according to
the command of the bench warrant.



1286. When the defendant is so delivered into custody he must be
held by the Sheriff, unless admitted to bail on examination upon a
writ of habeas corpus.


1287. (a) The bail shall be put in by a written undertaking,
executed by two sufficient sureties (with or without the defendant,
in the discretion of the court or magistrate), and acknowledged
before the court or magistrate, in substantially the following form:

An indictment having been found on the ____ day of ____, 20__, in
the Superior Court of the County of ____, charging ____ with the
crime of ____ (designating it generally) and he or she having been
admitted to bail in the sum of ____ dollars ($____), we, ____ and
____, of ____ (stating their place of residence and occupation),
hereby undertake that the above-named ____ will appear and answer any
charge in any accusatory pleading based upon the acts supporting the
indictment above mentioned, in whatever court it may be prosecuted,
and will at all times render himself or herself amenable to the
orders and process of the court, and, if convicted, will appear for
pronouncement of judgment or grant of probation; or, if he or she
fails to perform either of these conditions, that we will pay to the
people of the State of California the sum of ____ dollars ($____)
(inserting the sum in which the defendant is admitted to bail). If
the forfeiture of this bond be ordered by the court, judgment may be
summarily made and entered forthwith against the said (naming the
sureties, and the defendant if he or she be a party to the bond), for
the amount of their respective undertakings herein, as provided by
Sections 1305 and 1306.

(b) Every undertaking of bail shall contain the bail agent license
number of the owner of the bail agency issuing the undertaking along
with the name, address, and phone number of the agency, regardless
of whether the owner is an individual, partnership, or corporation.
The bail agency name on the undertaking shall be a business name
approved by the Insurance Commissioner for use by the bail agency
owner, and be so reflected in the public records of the commissioner.
The license number of the bail agent appearing on the undertaking
shall be in the same type size as the name, address, and phone number
of the agency.


1288. The provisions contained in sections 1279, 1280, 1280a and
1281, in relation to bail before indictment, apply to bail after
indictment.


1289. After a defendant has been admitted to bail upon an
indictment or information, the Court in which the charge is pending
may, upon good cause shown, either increase or reduce the amount of
bail. If the amount be increased, the Court may order the defendant
to be committed to actual custody, unless he give bail in such
increased amount. If application be made by the defendant for a
reduction of the amount, notice of the application must be served
upon the District Attorney.

[هيثم الفقى]

1291. In the cases in which defendant may be admitted to bail upon
an appeal, the order admitting him to bail may be made by any
Magistrate having the power to issue a writ of habeas corpus, or by
the Magistrate before whom the trial was had.




1292. The bail must possess the qualifications, and must be put in,
in all respects, as provided in Article II of this Chapter, except
that the undertaking must be conditioned as prescribed in Section
1273, for undertakings of bail on appeal.

[هيثم الفقى]

1295. (a) The defendant, or any other person, at any time after an
order admitting defendant to bail or after the arrest and booking of
a defendant for having committed a misdemeanor, instead of giving
bail may deposit, with the clerk of the court in which the defendant
is held to answer or notified to appear for arraignment, the sum
mentioned in the order or, if no order, in the schedule of bail
previously fixed by the judges of the court, and, upon delivering to
the officer in whose custody defendant is a certificate of the
deposit, the defendant must be discharged from custody.
(b) Where more than one deposit is made with respect to any charge
in any accusatory pleading based upon the acts supporting the
original charge as a result of which an earlier deposit was made, the
defendant shall receive credit in the amount of any earlier deposit.

(c) The clerk of the court shall not accept a general assistance
check for this deposit or any part thereof.



1296. If the defendant has given bail, he may, at any time before
the forfeiture of the undertaking, in like manner deposit the sum
mentioned in the recognizance, and upon the deposit being made the
bail is exonerated.


1297. When money has been deposited, a receipt shall be issued in
the name of the depositor. If the money remains on deposit at the
time of a judgment for the payment of a fine, the clerk shall, under
the direction of the court, if the defendant be the depositor, apply
the money in satisfaction thereof, and after satisfying restitution
to the victim or the Restitution Fund, fines, and costs, shall refund
the surplus, if any, to the defendant. If the person to whom the
receipt for the deposit was issued was not the defendant, the deposit
after judgment shall be returned to that person within 10 days after
the person claims it by submitting the receipt, and, if a claim is
not made within 10 days of the exoneration of bail, the clerk shall
immediately notify the depositor of the exoneration of bail.




1298. In lieu of a deposit of money, the defendant or any other
person may deposit bonds of the United States or of the State of
California of the face value of the cash deposit required, and these
bonds shall be treated in the same manner as a deposit of money or
the defendant or any other person may give as security any equity in
real property which he or she owns, provided that no charge is made
to the defendant or any other person for the giving as security of
any equity in real property. A hearing, at which witnesses may be
called or examined, shall be held before the magistrate to determine
the value of the equity and if the magistrate finds that the value of
the equity is equal to twice the amount of the cash deposit required
he or she shall allow the bail. The clerk shall, under order of the
court, when occasion arises therefor, sell the bonds or the equity
and apply the proceeds of the sale in the manner that a deposit of
cash may be required to be applied.
The county treasurer shall, upon request of the judge, keep the
deposit and return it to the clerk on order of the judge.

[هيثم الفقى]

1299. This article shall be known as the Bail Fugitive Recovery
Persons Act.


1299.01. For purposes of this article, the following terms shall
have the following meanings:
(a) "Bail fugitive" means a defendant in a pending criminal case
who has been released from custody under a financially secured
appearance, cash, or other bond and has had that bond declared
forfeited, or a defendant in a pending criminal case who has violated
a bond condition whereby apprehension and reincarceration are
permitted.
(b) "Bail" means a person licensed by the Department of Insurance
pursuant to Section 1800 of the Insurance Code.
(c) "Depositor of bail" means a person or entity who has deposited
money or bonds to secure the release of a person charged with a
crime or offense.
(d) "Bail fugitive recovery person" means a person who is provided
written authorization pursuant to Sections 1300 and 1301 by the bail
or depositor of bail, and is contracted to investigate, surveil,
locate, and arrest a bail fugitive for surrender to the appropriate
court, jail, or police department, and any person who is employed to
assist a bail or depositor of bail to investigate, surveil, locate,
and arrest a bail fugitive for surrender to the appropriate court,
jail, or police department.



1299.02. (a) No person, other than a certified law enforcement
officer, shall be authorized to apprehend, detain, or arrest a bail
fugitive unless that person meets one of the following conditions:
(1) Is a bail as defined in subdivision (b) of Section 1299.01 or
a depositor of bail as defined in subdivision (c) of Section 1299.01.

(2) Is a bail fugitive recovery person as defined in subdivision
(d) of Section 1299.01.
(3) Holds a bail license issued by a state other than California
or is authorized by another state to transact and post bail and is in
compliance with the provisions of Section 847.5 with respect to the
arrest of a bail fugitive.
(4) Is licensed as a private investigator as provided in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business and
Professions Code.
(5) Holds a private investigator license issued by another state,
is authorized by the bail or depositor of bail to apprehend a bail
fugitive, and is in compliance with the provisions of Section 847.5
with respect to the arrest of a bail fugitive.
(b) This article shall not prohibit an arrest pursuant to Sections
837, 838, and 839.


1299.04. (a) A bail fugitive recovery person, a bail agent, bail
permittee, or bail solicitor who contracts his or her services to
another bail agent or surety as a bail fugitive recovery person for
the purposes specified in subdivision (d) of Section 1299.01, and any
bail agent, bail permittee, or bail solicitor who obtains licensing
after January 1, 2000, and who engages in the arrest of a defendant
pursuant to Section 1301 shall comply with the following
requirements:
(1) The person shall be at least 18 years of age.
(2) The person shall have completed a 40-hour power of arrest
course certified by the Commission on Peace Officer Standards and
Training pursuant to Section 832. Completion of the course shall be
for educational purposes only and not intended to confer the power of
arrest of a peace officer or public officer, or agent of any
federal, state, or local government, unless the person is so employed
by a governmental agency.
(3) The person shall have completed a minimum of 12 hours of
classroom education certified pursuant to Section 1810.7 of the
Insurance Code.
(4) The person shall have completed a course of training in the
exercise of the power to arrest offered pursuant to Section 7583.7 of
the Business and Professions Code.
(5) The person shall not have been convicted of a felony.
(b) Upon completion of any course or training program required by
this section, an individual authorized by Section 1299.02 to
apprehend a bail fugitive shall carry certificates of completion with
him or her at all times in the course of performing his or her
duties under this article.



1299.05. In performing a bail fugitive apprehension, an individual
authorized by Section 1299.02 to apprehend a bail fugitive shall
comply with all laws applicable to that apprehension.



1299.06. Before apprehending a bail fugitive, an individual
authorized by Section 1299.02 to apprehend a bail fugitive shall have
in his or her possession proper documentation of authority to
apprehend issued by the bail or depositor of bail as prescribed in
Sections 1300 and 1301. The authority to apprehend document shall
include all of the following information: the name of the individual
authorized by Section 1299.02 to apprehend a bail fugitive and any
fictitious name, if applicable; the address of the principal office
of the individual authorized by Section 1299.02 to apprehend a bail
fugitive; and the name and principal business address of the bail
agency, surety company, or other party contracting with the
individual authorized by Section 1299.02 to apprehend a bail
fugitive.


1299.07. (a) An individual authorized by Section 1299.02 to
apprehend a bail fugitive shall not represent himself or herself in
any manner as being a sworn law enforcement officer.
(b) An individual authorized by Section 1299.02 to apprehend a
bail fugitive shall not wear any uniform that represents himself or
herself as belonging to any part or department of a federal, state,
or local government. Any uniform shall not display the words United
States, Bureau, Task Force, Federal, or other substantially similar
words that a reasonable person may mistake for a government agency.
(c) An individual authorized by Section 1299.02 to apprehend a
bail fugitive shall not wear or otherwise use a badge that represents
himself or herself as belonging to any part or department of the
federal, state, or local government.
(d) An individual authorized by Section 1299.02 to apprehend a
bail fugitive shall not use a fictitious name that represents himself
or herself as belonging to any federal, state, or local government.



1299.08. (a) Except under exigent circumstances, an individual
authorized by Section 1299.02 to apprehend a bail fugitive shall,
prior to and no more than six hours before attempting to apprehend
the bail fugitive, notify the local police department or sheriff's
department of the intent to apprehend a bail fugitive in that
jurisdiction by:
(1) Indicating the name of an individual authorized by Section
1299.02 to apprehend a bail fugitive entering the jurisdiction.
(2) Stating the approximate time an individual authorized by
Section 1299.02 to apprehend a bail fugitive will be entering the
jurisdiction and the approximate length of the stay.
(3) Stating the name and approximate location of the bail
fugitive.
(b) If an exigent circumstance does arise and prior notification
is not given as provided in subdivision (a), an individual authorized
by Section 1299.02 to apprehend a bail fugitive shall notify the
local police department or sheriff's department immediately after the
apprehension, and upon request of the local jurisdiction, shall
submit a detailed explanation of those exigent circumstances within
three working days after the apprehension is made.
(c) This section shall not preclude an individual authorized by
Section 1299.02 to apprehend a bail fugitive from making or
attempting to make a lawful arrest of a bail fugitive on bond
pursuant to Section 1300 or 1301. The fact that a bench warrant is
not located or entered into a warrant depository or system shall not
affect a lawful arrest of the bail fugitive.
(d) For the purposes of this section, notice may be provided to a
local law enforcement agency by telephone prior to the arrest or,
after the arrest has taken place, if exigent circumstances exist. In
that case the name or operator number of the employee receiving the
notice information shall be obtained and retained by the bail,
depositor of bail, or bail fugitive recovery person.



1299.09. (a) An individual authorized by Section 1299.02 to
apprehend a bail fugitive shall not forcibly enter a premises except
as provided for in Section 844.
(b) Nothing in subdivision (a) shall be deemed to authorize an
individual authorized by Section 12099.02 to apprehend a bail
fugitive to apprehend, detain, or arrest any person except as
otherwise authorized pursuant to Chapter 5 (commencing with Section
833) of Title 3 of Part 2, or any other provision of law.




1299.10. An individual authorized by Section 1299.02 to apprehend a
bail fugitive shall not carry a firearm or other weapon unless in
compliance with the laws of the state.



1299.11. Any person who violates this act, or who conspires with
another person to violate this act, or who hires an individual to
apprehend a bail fugitive, knowing that the individual is not
authorized by Section 1299.02 to apprehend a bail fugitive, is guilty
of a misdemeanor punishable by a fine of five thousand dollars
($5,000) or by imprisonment in the county jail not to exceed one
year, or by both that imprisonment and fine.



1299.12. This article shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.


1299.13. Nothing in this article is intended to exempt from
licensure persons otherwise required to be licensed as private
investigators pursuant to Chapter 11.3 (commencing with Section 7512)
of Division 3 of the Business and Professions Code.




1299.14. The California Research Bureau in the California State
Library shall conduct a study of the structure and implementation of
the Bail Fugitive Recovery Act. The bureau shall design and complete
a study evaluating the training requirements and regulatory status
for persons subject to the act, and whether the provisions of the act
have improved the process for the recovery of fugitives from bail.
In conducting the study, the bureau shall survey a representative
sampling of law enforcement agencies, bail associations, and the
state departments or agencies that certify the training courses. The
bureau shall submit the published findings of the study to the
Legislature no later than January 1, 2009.

[هيثم الفقى]

1284. When the offense charged is not punishable with death, the
officer serving the bench warrant must, if required, take the
defendant before a magistrate in the county in which it is issued, or
in which he is arrested, for the purpose of giving bail. If the
defendant appears before such magistrate without the bench warrant
having been served upon him, the magistrate shall deliver him into
the custody of the sheriff for the purpose of immediate booking and
the recording of identification data, whereupon the sheriff shall
deliver the defendant back before the magistrate for the purpose of
giving bail.


1285. If the offense charged is punishable with death, the officer
arresting the defendant must deliver him into custody, according to
the command of the bench warrant.



1286. When the defendant is so delivered into custody he must be
held by the Sheriff, unless admitted to bail on examination upon a
writ of habeas corpus.


1287. (a) The bail shall be put in by a written undertaking,
executed by two sufficient sureties (with or without the defendant,
in the discretion of the court or magistrate), and acknowledged
before the court or magistrate, in substantially the following form:

An indictment having been found on the ____ day of ____, 20__, in
the Superior Court of the County of ____, charging ____ with the
crime of ____ (designating it generally) and he or she having been
admitted to bail in the sum of ____ dollars ($____), we, ____ and
____, of ____ (stating their place of residence and occupation),
hereby undertake that the above-named ____ will appear and answer any
charge in any accusatory pleading based upon the acts supporting the
indictment above mentioned, in whatever court it may be prosecuted,
and will at all times render himself or herself amenable to the
orders and process of the court, and, if convicted, will appear for
pronouncement of judgment or grant of probation; or, if he or she
fails to perform either of these conditions, that we will pay to the
people of the State of California the sum of ____ dollars ($____)
(inserting the sum in which the defendant is admitted to bail). If
the forfeiture of this bond be ordered by the court, judgment may be
summarily made and entered forthwith against the said (naming the
sureties, and the defendant if he or she be a party to the bond), for
the amount of their respective undertakings herein, as provided by
Sections 1305 and 1306.

(b) Every undertaking of bail shall contain the bail agent license
number of the owner of the bail agency issuing the undertaking along
with the name, address, and phone number of the agency, regardless
of whether the owner is an individual, partnership, or corporation.
The bail agency name on the undertaking shall be a business name
approved by the Insurance Commissioner for use by the bail agency
owner, and be so reflected in the public records of the commissioner.
The license number of the bail agent appearing on the undertaking
shall be in the same type size as the name, address, and phone number
of the agency.


1288. The provisions contained in sections 1279, 1280, 1280a and
1281, in relation to bail before indictment, apply to bail after
indictment.


1289. After a defendant has been admitted to bail upon an
indictment or information, the Court in which the charge is pending
may, upon good cause shown, either increase or reduce the amount of
bail. If the amount be increased, the Court may order the defendant
to be committed to actual custody, unless he give bail in such
increased amount. If application be made by the defendant for a
reduction of the amount, notice of the application must be served
upon the District Attorney.

[هيثم الفقى]

1300. (a) At any time before the forfeiture of their undertaking,
or deposit by a third person, the bail or the depositor may surrender
the defendant in their exoneration, or he may surrender himself, to
the officer to whose custody he was committed at the time of giving
bail, in the following manner:
(1) A certified copy of the undertaking of the bail, a certified
copy of the certificate of deposit where a deposit is made, or an
affidavit given by the bail licensee or surety company listing all
that specific information that would be included on a certified copy
of an undertaking of bail, must be delivered to the officer who must
detain the defendant in his custody thereon as upon a commitment, and
by a certificate in writing acknowledge the surrender.
(2) The bail or depositor, upon surrendering the defendant, shall
make reasonable effort to give notice to the defendant's last
attorney of record, if any, of such surrender.
(3) The officer to whom the defendant is surrendered shall, within
48 hours of the surrender, bring the defendant before the court in
which the defendant is next to appear on the case for which he has
been surrendered. The court shall advise the defendant of his right
to move the court for an order permitting the withdrawal of any
previous waiver of time and shall advise him of the authority of the
court, as provided in subdivision (b), to order return of the premium
paid by the defendant or other person, or any part of it.
(4) Upon the undertaking, or certificate of deposit, and the
certificate of the officer, the court in which the action or appeal
is pending may, upon notice of five days to the district attorney of
the county, with a copy of the undertaking, or certificate of
deposit, and the certificate of the officer, order that the bail or
deposit be exonerated. However, if the defendant is released on his
own recognizance or on another bond before the issuance of such an
order, the court shall order that the bail or deposit be exonerated
without prejudice to the court's authority under subdivision (b). On
filing the order and papers used on the application, they are
exonerated accordingly.
(b) Notwithstanding subdivision (a), if the court determines that
good cause does not exist for the surrender of a defendant who has
not failed to appear or has not violated any order of the court, it
may, in its discretion, order the bail or the depositor to return to
the defendant or other person who has paid the premium or any part of
it, all of the money so paid or any part of it.



1301. For the purpose of surrendering the defendant, the bail or
any person who has deposited money or bonds to secure the release of
the defendant, at any time before such bail or other person is
finally discharged, and at any place within the state, may himself
arrest defendant, or by written authority indorsed on a certified
copy of the undertaking or a certified copy of the certificate of
deposit, may empower any person of suitable age to do so.
Any bail or other person who so arrests a defendant in this state
shall, without unnecessary delay, and, in any event, within 48 hours
of the arrest, deliver the defendant to the court or magistrate
before whom the defendant is required to appear or to the custody of
the sheriff or police for confinement in the appropriate jail in the
county or city in which defendant is required to appear. Any bail or
other person who arrests a defendant outside this state shall,
without unnecessary delay after the time defendant is brought into
this state, and, in any event, within 48 hours after defendant is
brought into this state, deliver the defendant to the custody of the
court or magistrate before whom the defendant is required to appear
or to the custody of the sheriff or police for confinement in the
appropriate jail in the county or city in which defendant is required
to appear.
Any bail or other person who willfully fails to deliver a
defendant to the court, magistrate, sheriff, or police as required by
this section is guilty of a misdemeanor.
The provisions of this section relating to the time of delivery of
a defendant are for his benefit and, with the consent of the bail,
may be waived by him. To be valid, such waiver shall be in writing,
signed by the defendant, and delivered to such bail or other person
within 48 hours after the defendant's arrest or entry into this
state, as the case may be. The defendant, at any time and in the
same manner, may revoke said waiver. Whereupon, he shall be
delivered as provided herein without unnecessary delay and, in any
event within 48 hours from the time of such revocation.
If any 48-hour period specified in this section terminates on a
Saturday, Sunday, or holiday, delivery of a defendant by a bail or
other person to the court or magistrate or to the custody of the
sheriff or police may, without violating this section, take place
before noon on the next day following which is not a Saturday,
Sunday, or holiday.


1302. If money has been deposited instead of bail, and the
defendant, at any time before the forfeiture thereof, surrenders
himself or herself to the officer to whom the commitment was
directed, in the manner provided in Sections 1300 and 1301, the court
shall order a return of the deposit to the defendant or to the
person or persons found by the court to have deposited said money on
behalf of the defendant, upon the production of the certificate of
the officer showing the surrender, and upon a notice of five days to
the district attorney, with a copy of the certificate.



1303. If an action or proceeding against a defendant who has been
admitted to bail is dismissed, the bail shall not be exonerated until
a period of 15 days has elapsed since the entry of the order of
dismissal. If, within such period, the defendant is arrested and
charged with a public offense arising out of the same act or omission
upon which the action or proceeding was based, the bail shall be
applied to the public offense. If an undertaking of bail is on file,
the clerk of the court shall promptly mail notice to the surety on
the bond and the bail agent who posted the bond whenever the bail is
applied to a public offense pursuant to this section.



1304. Any bail, or moneys or bonds deposited in lieu of bail, or
any equity in real property as security in lieu of bail, or any
agreement whereby the defendant is released on his or her own
recognizance shall be exonerated two years from the effective date of
the initial bond, provided that the court is informed in writing at
least 60 days prior to 2 years after the initial bond of the fact
that the bond is to be exonerated, or unless the court determines
otherwise and informs the party executing the bail of the reasons
that the bail is not exonerated.

[هيثم الفقى]

Deposit of Money


1305. (a) A court shall in open court declare forfeited the
undertaking of bail or the money or property deposited as bail if,
without sufficient excuse, a defendant fails to appear for any of the
following:
(1) Arraignment.
(2) Trial.
(3) Judgment.
(4) Any other occasion prior to the pronouncement of judgment if
the defendant's presence in court is lawfully required.
(5) To surrender himself or herself in execution of the judgment
after appeal.
However, the court shall not have jurisdiction to declare a
forfeiture and the bail shall be released of all obligations under
the bond if the case is dismissed or if no complaint is filed within
15 days from the date of arraignment.
(b) If the amount of the bond or money or property deposited
exceeds four hundred dollars ($400), the clerk of the court shall,
within 30 days of the forfeiture, mail notice of the forfeiture to
the surety or the depositor of money posted instead of bail. At the
same time, the court shall mail a copy of the forfeiture notice to
the bail agent whose name appears on the bond. The clerk shall also
execute a certificate of mailing of the forfeiture notice and shall
place the certificate in the court's file. If the notice of
forfeiture is required to be mailed pursuant to this section, the
180-day period provided for in this section shall be extended by a
period of five days to allow for the mailing.
If the surety is an authorized corporate surety, and if the bond
plainly displays the mailing address of the corporate surety and the
bail agent, then notice of the forfeiture shall be mailed to the
surety at that address and to the bail agent, and mailing alone to
the surety or the bail agent shall not constitute compliance with
this section.
The surety or depositor shall be released of all obligations under
the bond if any of the following conditions apply:
(1) The clerk fails to mail the notice of forfeiture in accordance
with this section within 30 days after the entry of the forfeiture.

(2) The clerk fails to mail the notice of forfeiture to the surety
at the address printed on the bond.
(3) The clerk fails to mail a copy of the notice of forfeiture to
the bail agent at the address shown on the bond.
(c) (1) If the defendant appears either voluntarily or in custody
after surrender or arrest in court within 180 days of the date of
forfeiture or within 180 days of the date of mailing of the notice if
the notice is required under subdivision (b), the court shall, on
its own motion at the time the defendant first appears in court on
the case in which the forfeiture was entered, direct the order of
forfeiture to be vacated and the bond exonerated. If the court fails
to so act on its own motion, then the surety's or depositor's
obligations under the bond shall be immediately vacated and the bond
exonerated. An order vacating the forfeiture and exonerating the
bond may be made on terms that are just and do not exceed the terms
imposed in similar situations with respect to other forms of pretrial
release.
(2) If, within the county where the case is located, the defendant
is surrendered to custody by the bail or is arrested in the
underlying case within the 180-day period, and is subsequently
released from custody prior to an appearance in court, the court
shall, on its own motion, direct the order of forfeiture to be
vacated and the bond exonerated. If the court fails to so act on its
own motion, then the surety's or depositor's obligations under the
bond shall be immediately vacated and the bond exonerated. An order
vacating the forfeiture and exonerating the bond may be made on terms
that are just and do not exceed the terms imposed in similar
situations with respect to other forms of pretrial release.
(3) If, outside the county where the case is located, the
defendant is surrendered to custody by the bail or is arrested in the
underlying case within the 180-day period, the court shall vacate
the forfeiture and exonerate the bail.
(4) In lieu of exonerating the bond, the court may order the bail
reinstated and the defendant released on the same bond if both of the
following conditions are met:
(A) The bail is given prior notice of the reinstatement.
(B) The bail has not surrendered the defendant.
(d) In the case of a permanent disability, the court shall direct
the order of forfeiture to be vacated and the bail or money or
property deposited as bail exonerated if, within 180 days of the date
of forfeiture or within 180 days of the date of mailing of the
notice if notice is required under subdivision (b), it is made
apparent to the satisfaction of the court that both of the following
conditions are met:
(1) The defendant is deceased or otherwise permanently unable to
appear in the court due to illness, insanity, or detention by
military or civil authorities.
(2) The absence of the defendant is without the connivance of the
bail.
(e) In the case of a temporary disability, the court shall order
the tolling of the 180-day period provided in this section during the
period of temporary disability, provided that it appears to the
satisfaction of the court that the following conditions are met:
(1) The defendant is temporarily disabled by reason of illness,
insanity, or detention by military or civil authorities.
(2) Based upon the temporary disability, the defendant is unable
to appear in court during the remainder of the 180-day period.
(3) The absence of the defendant is without the connivance of the
bail.
The period of the tolling shall be extended for a reasonable
period of time, at the discretion of the court, after the cessation
of the disability to allow for the return of the defendant to the
jurisdiction of the court.
(f) In all cases where a defendant is in custody beyond the
jurisdiction of the court that ordered the bail forfeited, and the
prosecuting agency elects not to seek extradition after being
informed of the location of the defendant, the court shall vacate the
forfeiture and exonerate the bond on terms that are just and do not
exceed the terms imposed in similar situations with respect to other
forms of pretrial release.
(g) In all cases of forfeiture where a defendant is not in custody
and is beyond the jurisdiction of the state, is temporarily
detained, by the bail agent, in the presence of a local law
enforcement officer of the jurisdiction in which the defendant is
located, and is positively identified by that law enforcement officer
as the wanted defendant in an affidavit signed under penalty of
perjury, and the prosecuting agency elects not to seek extradition
after being informed of the location of the defendant, the court
shall vacate the forfeiture and exonerate the bond on terms that are
just and do not exceed the terms imposed in similar situations with
respect to other forms of pretrial release.
(h) As used in this section, "arrest" includes a hold placed on
the defendant in the underlying case while he or she is in custody on
other charges.
(i) A motion filed in a timely manner within the 180-day period
may be heard within 30 days of the expiration of the 180-day period.
The court may extend the 30-day period upon a showing of good cause.
The motion may be made by the surety insurer, the bail agent, the
surety, or the depositor of money or property, any of whom may appear
in person or through an attorney. The court, in its discretion, may
require that the moving party provide 10 days prior notice to the
applicable prosecuting agency, as a condition precedent to granting
the motion.


1305.1. If the defendant fails to appear for arraignment, trial,
judgment, or upon any other occasion when his or her appearance is
lawfully required, but the court has reason to believe that
sufficient excuse may exist for the failure to appear, the court may
continue the case for a period it deems reasonable to enable the
defendant to appear without ordering a forfeiture of bail or issuing
a bench warrant.
If, after the court has made the order, the defendant, without
sufficient excuse, fails to appear on or before the continuance date
set by the court, the bail shall be forfeited and a warrant for the
defendant's arrest may be ordered issued.



1305.2. If an assessment is made a condition of the order to set
aside the forfeiture of an undertaking, deposit, or bail under
Section 1305, the clerk of the court shall within 30 days mail notice
thereof to the surety or depositor at the address of its principal
office, mail a copy to the bail agent whose name appears on the bond,
and shall execute a certificate of mailing and place it in the court'
s file in the case. The time limit for payment shall in no event be
less than 30 days after the date of mailing of the notice.
If the assessment has not been paid by the date specified, the
court shall determine if a certificate of mailing has been executed,
and if none has, the court shall cause a notice to be mailed to the
surety, depositor, or bail agent whose name appears on the bond, and
the surety, depositor, or bail agent whose name appears on the bond
shall be allowed an additional 30 days to pay the assessment.



1305.3. The district attorney, county counsel, or applicable
prosecuting agency, as the case may be, shall recover, out of the
forfeited bail money, the costs incurred in successfully opposing a
motion to vacate the forfeiture and in collecting on the summary
judgment prior to the division of the forfeited bail money between
the cities and counties in accordance with Section 1463.



1305.4. Notwithstanding Section 1305, the surety insurer, the bail
agent, the surety, or the depositor may file a motion, based upon
good cause, for an order extending the 180-day period provided in
that section. The motion shall include a declaration or affidavit
that states the reasons showing good cause to extend that period.
The court, upon a hearing and a showing of good cause, may order the
period extended to a time not exceeding 180 days from its order. A
motion may be filed and calendared as provided in subdivision (i) of
Section 1305.


1306. (a) When any bond is forfeited and the period of time
specified in Section 1305 has elapsed without the forfeiture having
been set aside, the court which has declared the forfeiture,
regardless of the amount of the bail, shall enter a summary judgment
against each bondsman named in the bond in the amount for which the
bondsman is bound. The judgment shall be the amount of the bond plus
costs, and notwithstanding any other law, no penalty assessments
shall be levied or added to the judgment.
(b) If a court grants relief from bail forfeiture, it shall impose
a monetary payment as a condition of relief to compensate the people
for the costs of returning a defendant to custody pursuant to
Section 1305, except for cases where the court determines that in the
best interest of justice no costs should be imposed. The amount
imposed shall reflect the actual costs of returning the defendant to
custody. Failure to act within the required time to make the payment
imposed pursuant to this subdivision shall not be the basis for a
summary judgment against any or all of the underlying amount of the
bail. A summary judgment entered for failure to make the payment
imposed under this subdivision is subject to the provisions of
Section 1308, and shall apply only to the amount of the costs owing
at the time the summary judgment is entered, plus administrative
costs and interests.
(c) If, because of the failure of any court to promptly perform
the duties enjoined upon it pursuant to this section, summary
judgment is not entered within 90 days after the date upon which it
may first be entered, the right to do so expires and the bail is
exonerated.
(d) A dismissal of the complaint, indictment, or information after
the default of the defendant shall not release or affect the
obligation of the bail bond or undertaking.
(e) The district attorney or county counsel shall:
(1) Demand immediate payment of the judgment within 30 days after
the summary judgment becomes final.
(2) If the judgment remains unpaid for a period of 20 days after
demand has been made, shall forthwith enforce the judgment in the
manner provided for enforcement of money judgments generally. If the
judgment is appealed by the surety or bondsman, the undertaking
required to be given in these cases shall be provided by a surety
other than the one filing the appeal. The undertaking shall comply
with the enforcement requirements of Section 917.1 of the Code of
Civil Procedure.
(f) The right to enforce a summary judgment entered against a
bondsman pursuant to this section shall expire two years after the
entry of the judgment.



1306.1. The provisions of Sections 1305 and 1306 shall not affect
the payment of bail deposits into the city or county treasury, as the
case may be, pursuant to Section 40512 of the Vehicle Code in those
cases arising under Section 40500 of the Vehicle Code.



1307. If, by reason of the neglect of the defendant to appear,
money deposited instead of bail is forfeited, and the forfeiture is
not discharged or remitted, the clerk with whom it is deposited must,
at the end of 180 days, unless the court has before that time
discharged the forfeiture, pay over the money deposited to the county
treasurer.



1308. (a) No court or magistrate shall accept any person or
corporation as surety on bail if any summary judgment against that
person or corporation entered pursuant to Section 1306 remains unpaid
after the expiration of 30 days after service of the notice of the
entry of the summary judgment, provided that, if during the 30 days
an action or proceeding available at law is initiated to determine
the validity of the order of forfeiture or summary judgment rendered
on it, this section shall be rendered inoperative until that action
or proceeding has finally been determined, provided that, if an
appeal is taken, an appeal bond is posted in compliance with Section
917.1 of the Code of Civil Procedure.
(b) The clerk of the court in which the judgment is rendered shall
serve notice of the entry of judgment upon the judgment debtor
within five days after the date of the entry of the summary judgment.

[هيثم الفقى]

Recommitment of the Defendant, After Having Given
B0ail or Deposited Money Instead of Bail



1310. The court to which the committing magistrate returns the
depositions, or in which an indictment, information, or appeal is
pending, or to which a judgment on appeal is remitted to be carried
into effect, may, by an order entered upon its minutes, direct the
arrest of the defendant and his or her commitment to the officer to
whose custody he or she was committed at the time of giving bail, and
his or her detention until legally discharged, in the following
cases:
(a) When, by reason of his or her failure to appear, he or she has
incurred a forfeiture of his or her bail, or of money deposited
instead thereof.
(b) When it satisfactorily appears to the court that his or her
bail, or either of them, are dead or insufficient, or have removed
from the state.
(c) Upon an indictment being found or information filed in the
cases provided in Section 985.


1311. The order for the recommitment of the defendant must recite
generally the facts upon which it is founded, and direct that the
defendant be arrested by any sheriff, marshal, or policeman in this
state, and committed to the officer in whose custody he or she was at
the time he or she was admitted to bail, to be detained until
legally discharged.



1312. The defendant may be arrested pursuant to the order, upon a
certified copy thereof, in any county, in the same manner as upon a
warrant of arrest, except that when arrested in another county the
order need not be indorsed by a magistrate of that county.



1313. If the order recites, as the ground upon which it is made,
the failure of the defendant to appear for judgment upon conviction,
the defendant must be committed according to the requirement of the
order.


1314. If the order be made for any other cause, and the offense is
bailable, the Court may fix the amount of bail, and may cause a
direction to be inserted in the order that the defendant be admitted
to bail in the sum fixed, which must be specified in the order.




1315. When the defendant is admitted to bail, the bail may be taken
by any magistrate in the county, having authority in a similar case
to admit to bail, upon the holding of the defendant to answer before
an indictment, or by any other magistrate designated by the Court.



1316. When bail is taken upon the recommitment of the defendant,
the undertaking must be in substantially the following form:

An order having been made on the ____ day of ____, A.D. eighteen
____, by the Court (naming it), that A.B. be admitted to bail in the
sum of ____ dollars, in an action pending in that Court against him
in behalf of the people of the State of California, upon an
(information, presentment, indictment, or appeal, as the case may
be), we, C.D. and E.F., of (stating their places of residence and
occupation), hereby undertake that the above named A. B. will appear
in that or any other Court in which his appearance may be lawfully
required upon that (information, presentment, indictment, or appeal,
as the case may be), and will at all times render himself amenable to
its orders and process, and appear for judgment and surrender
himself in execution thereof; or if he fails to perform either of
these conditions, that we will pay to the people of the State of
California the sum of ____ dollars (insert the sum in which the
defendant is admitted to bail).



1317. The bail must possess the qualifications, and must be put in,
in all respects, in the manner prescribed in Article II of this
Chapter.

[هيثم الفقى]

1318. (a) The defendant shall not be released from custody under an
own recognizance until the defendant files with the clerk of the
court or other person authorized to accept bail a signed release
agreement which includes:
(1) The defendant's promise to appear at all times and places, as
ordered by the court or magistrate and as ordered by any court in
which, or any magistrate before whom the charge is subsequently
pending.
(2) The defendant's promise to obey all reasonable conditions
imposed by the court or magistrate.
(3) The defendant's promise not to depart this state without leave
of the court.
(4) Agreement by the defendant to waive extradition if the
defendant fails to appear as required and is apprehended outside of
the State of California.
(5) The acknowledgment of the defendant that he or she has been
informed of the consequences and penalties applicable to violation of
the conditions of release.


1318.1. (a) A court, with the concurrence of the board of
supervisors, may employ an investigative staff for the purpose of
recommending whether a defendant should be released on his or her own
recognizance.
(b) Whenever a court has employed an investigative staff pursuant
to subdivision (a), an investigative report shall be prepared in all
cases involving a violent felony, as described in subdivision (c) of
Section 667.5, or a felony in violation of subdivision (a) of Section
23153 of the Vehicle Code, recommending whether the defendant should
be released on his or her own recognizance. The report shall
include all of the following:
(1) Written verification of any outstanding warrants against the
defendant.
(2) Written verification of any prior incidents where the
defendant has failed to make a court appearance.
(3) Written verification of the criminal record of the defendant.

(4) Written verification of the residence of the defendant during
the past year.
After the report is certified pursuant to this subdivision, it
shall be submitted to the court for review, prior to a hearing held
pursuant to Section 1319.
(c) The salaries of the staff are a proper charge against the
county.



1319. (a) No person arrested for a violent felony, as described in
subdivision (c) of Section 667.5, may be released on his or her own
recognizance until a hearing is held in open court before the
magistrate or judge, and until the prosecuting attorney is given
notice and a reasonable opportunity to be heard on the matter. In
all cases, these provisions shall be implemented in a manner
consistent with the defendant's right to be taken before a magistrate
or judge without unreasonable delay pursuant to Section 825.
(b) A defendant charged with a violent felony, as described in
subdivision (c) of Section 667.5, shall not be released on his or her
own recognizance where it appears, by clear and convincing evidence,
that he or she previously has been charged with a felony offense and
has willfully and without excuse from the court failed to appear in
court as required while that charge was pending. In all other cases,
in making the determination as to whether or not to grant release
under this section, the court shall consider all of the following:
(1) The existence of any outstanding felony warrants on the
defendant.
(2) Any other information presented in the report prepared
pursuant to Section 1318.1. The fact that the court has not received
the report required by Section 1318.1, at the time of the hearing to
decide whether to release the defendant on his or her own
recognizance, shall not preclude that release.
(3) Any other information presented by the prosecuting attorney.
(c) The judge or magistrate who, pursuant to this section, grants
or denies release on a person's own recognizance, within the time
period prescribed in Section 825, shall state the reasons for that
decision in the record. This statement shall be included in the
court's minutes. The report prepared by the investigative staff
pursuant to subdivision (b) of Section 1318.1 shall be placed in the
court file for that particular matter.



1319.5. (a) No person described in subdivision (b) who is arrested
for a new offense may be released on his or her own recognizance
until a hearing is held in open court before the magistrate or judge.

(b) Subdivision (a) shall apply to the following:
(1) Any person who is currently on felony probation or felony
parole.
(2) Any person who has failed to appear in court as ordered,
resulting in a warrant being issued, three or more times over the
three years preceding the current arrest, except for infractions
arising from violations of the Vehicle Code, and who is arrested for
any of the following offenses:
(A) Any felony offense.
(B) Any violation of the California Street Terrorism Enforcement
and Prevention Act (Chapter 11 (commencing with Section 186.20) of
Title 7 of Part 1).
(C) Any violation of Chapter 9 (commencing with Section 240) of
Title 8 of Part 1 (assault and battery).
(D) A violation of Section 484 (theft).
(E) A violation of Section 459 (burglary).
(F) Any offense in which the defendant is alleged to have been
armed with or to have personally used a firearm.

[هيثم الفقى]

1320. (a) Every person who is charged with or convicted of the
commission of a misdemeanor who is released from custody on his or
her own recognizance and who in order to evade the process of the
court willfully fails to appear as required, is guilty of a
misdemeanor. It shall be presumed that a defendant who willfully
fails to appear within 14 days of the date assigned for his or her
appearance intended to evade the process of the court.
(b) Every person who is charged with or convicted of the
commission of a felony who is released from custody on his or her own
recognizance and who in order to evade the process of the court
willfully fails to appear as required, is guilty of a felony, and
upon conviction shall be punished by a fine not exceeding five
thousand dollars ($5,000) or by imprisonment in the state prison, or
in the county jail for not more than one year, or by both that fine
and imprisonment. It shall be presumed that a defendant who
willfully fails to appear within 14 days of the date assigned for his
or her appearance intended to evade the process of the court.



1320.5. Every person who is charged with or convicted of the
commission of a felony, who is released from custody on bail, and who
in order to evade the process of the court willfully fails to appear
as required, is guilty of a felony. Upon a conviction under this
section, the person shall be punished by a fine not exceeding ten
thousand dollars ($10,000) or by imprisonment in the state prison, or
in the county jail for not more than one year, or by both the fine
and imprisonment. Willful failure to appear within 14 days of the
date assigned for appearance may be found to have been for the
purpose of evading the process of the court.

[هيثم الفقى]

1321. The rules for determining the competency of witnesses in
civil actions are applicable also to criminal actions and
proceedings, except as otherwise provided in this Code.



1324. In any felony proceeding or in any investigation or
proceeding before a grand jury for any felony offense if a person
refuses to answer a question or produce evidence of any other kind on
the ground that he or she may be incriminated thereby, and if the
district attorney of the county or any other prosecuting agency in
writing requests the court, in and for that county, to order that
person to answer the question or produce the evidence, a judge shall
set a time for hearing and order the person to appear before the
court and show cause, if any, why the question should not be answered
or the evidence produced, and the court shall order the question
answered or the evidence produced unless it finds that to do so would
be clearly contrary to the public interest, or could subject the
witness to a criminal prosecution in another jurisdiction, and that
person shall comply with the order. After complying, and if, but for
this section, he or she would have been privileged to withhold the
answer given or the evidence produced by him or her, no testimony or
other information compelled under the order or any information
directly or indirectly derived from the testimony or other
information may be used against the witness in any criminal case.
But he or she may nevertheless be prosecuted or subjected to penalty
or forfeiture for any perjury, false swearing or contempt committed
in answering, or failing to answer, or in producing, or failing to
produce, evidence in accordance with the order. Nothing in this
section shall prohibit the district attorney or any other prosecuting
agency from requesting an order granting use immunity or
transactional immunity to a witness compelled to give testimony or
produce evidence.


1324.1. In any misdemeanor proceeding in any court, if a person
refuses to answer a question or produce evidence of any other kind on
the ground that he may be incriminated thereby, the person may agree
in writing with the district attorney of the county, or the
prosecuting attorney of a city, as the case may be, to testify
voluntarily pursuant to this section. Upon written request of such
district attorney, or prosecuting attorney, the court having
jursidiction of the proceeding shall approve such written agreement,
unless the court finds that to do so would be clearly contrary to the
public interest. If, after court approval of such agreement, and
if, but for this section, the person would have been privileged to
withhold the answer given or the evidence produced by him, that
person shall not be prosecuted or subjected to penalty or forfeiture
for or on account of any fact or act concerning which, in accordance
with such agreement, he answered or produced evidence, but he may,
nevertheless, be prosecuted or subjected to penalty or forfeiture for
any perjury, false swearing or contempt committed in answering or in
producing evidence in accordance with such agreement. If such
person fails to give any answer or to produce any evidence in
accordance with such agreement, that person shall be prosecuted or
subjected to penalty or forfeiture in the same manner and to the same
extent as he would be prosecuted or subjected to penalty or
forfeiture but for this section.

[هيثم الفقى]

1326. (a) The process by which the attendance of a witness before a
court or magistrate is required is a subpoena. It may be signed and
issued by any of the following:
(1) A magistrate before whom a complaint is laid or his or her
clerk, the district attorney or his or her investigator, or the
public defender or his or her investigator, for witnesses in the
state.
(2) The district attorney, his or her investigator, or, upon
request of the grand jury, any judge of the superior court, for
witnesses in the state, in support of an indictment or information,
to appear before the court in which it is to be tried.
(3) The district attorney or his or her investigator, the public
defender or his or her investigator, the clerk of the court in which
a criminal action is to be tried, or, if there is no clerk, the judge
of the court. The clerk or judge shall, at any time, upon
application of the defendant, and without charge, issue as many blank
subpoenas, subscribed by him or her, for witnesses in the state, as
the defendant may require.
(4) The attorney of record for the defendant.
(b) A subpoena issued in a criminal action that commands the
custodian of records or other qualified witness of a business to
produce books, papers, documents, or records shall direct that those
items be delivered by the custodian or qualified witness in the
manner specified in subdivision (b) of Section 1560 of the Evidence
Code. Subdivision (e) of Section 1560 of the Evidence Code shall not
apply to criminal cases.
(c) In a criminal action, no party, or attorney or representative
of a party, may issue a subpoena commanding the custodian of records
or other qualified witness of a business to provide books, papers,
documents, or records, or copies thereof, relating to a person or
entity other than the subpoenaed person or entity in any manner other
than that specified in subdivision (b) of Section 1560 of the
Evidence Code. When a defendant has issued a subpoena to a person or
entity that is not a party for the production of books, papers,
documents, or records, or copies thereof, the court may order an in
camera hearing to determine whether or not the defense is entitled to
receive the documents. The court may not order the documents
disclosed to the prosecution except as required by Section 1054.3.
(d) This section shall not be construed to prohibit obtaining
books, papers, documents, or records with the consent of the person
to whom the books, papers, documents, or records relate.



1326.1. (a) An order for the production of utility records in
whatever form and however stored shall be issued by a judge only upon
a written ex parte application by a peace officer showing specific
and articulable facts that there are reasonable grounds to believe
that the records or information sought are relevant and material to
an ongoing investigation of a felony violation of Section 186.10 or
of any felony subject to the enhancement set forth in Section 186.11.
The ex parte application shall specify with particularity the
records to be produced, which shall be only those of the individual
or individuals who are the subject of the criminal investigation.
The ex parte application and any subsequent judicial order shall be
open to the public as a judicial record unless ordered sealed by the
court, for a period of 60 days. The sealing of these records may be
extended for 60-day periods upon a showing to the court that it is
necessary for the continuance of the investigation. Sixty-day
extensions may continue for up to one year or until termination of
the investigation of the individual or individuals, whichever is
sooner. The records ordered to be produced shall be returned to the
peace officer applicant or his or her designee within a reasonable
time period after service of the order upon the holder of the utility
records.
(b) As used in subdivision (a), "utility records" include, but are
not limited to, subscriber information, telephone or pager number
information, toll call records, call detail records, automated
message accounting records, billing statements, payment records, and
applications for service in the custody of companies engaged in the
business of providing telephone, pager, electric, gas, propane,
water, or other like services. "Utility records" do not include the
installation of, or the data collected from the installation of pen
registers or trap-tracers, nor the contents of a wire or electronic
communication.
(c) Nothing in this section shall preclude the holder of the
utility records from notifying a customer of the receipt of the order
for production of records unless a court orders the holder of the
utility records to withhold notification to the customer upon a
finding that this notice would impede the investigation. Where a
court has made an order to withhold notification to the customer
under this subdivision, the peace officer or law enforcement agency
who obtained the utility records shall notify the customer by
delivering a copy of the ex parte order to the customer within 10
days of the termination of the investigation.
(d) No holder of utility records, or any officer, employee, or
agent thereof, shall be liable to any person for (A) disclosing
information in response to an order pursuant to this section, or (B)
complying with an order under this section not to disclose to the
customer, the order or the dissemination of information pursuant to
the order.
(e) Nothing in this section shall preclude the holder of the
utility records from voluntarily disclosing information or providing
records to law enforcement upon request.
(f) Utility records released pursuant to this section shall be
used only for the purpose of criminal investigations and
prosecutions.


1326.2. (a) An order for the production of escrow or title records
in whatever form and however stored shall be issued by a judge only
upon a written ex parte application by a peace officer showing
specific and articulable facts that there are reasonable grounds to
believe that the records or information sought are relevant and
material to an ongoing investigation of a felony violation of Section
186.10 or of any felony subject to the enhancement set forth in
Section 186.11. The ex parte application shall specify with
particularity the records to be produced, which shall be only those
of the individual or individuals who are the subject of the criminal
investigation. The ex parte application and any subsequent judicial
order shall be open to the public as a judicial record unless ordered
sealed by the court, for a period of 60 days. The sealing of these
records may be extended for 60-day periods upon a showing to the
court that it is necessary for the continuance of the investigation.
Sixty-day extensions may continue for up to one year or until
termination of the investigation of the individual or individuals,
whichever is sooner. The records ordered to be produced shall be
returned to the peace officer applicant or his or her designee within
a reasonable time period after service of the order upon the holder
of the escrow or title records.
(b) As used in subdivision (a), "holder of escrow or title records"
means a title insurer that engages in the "business of title
insurance," as defined by Section 12340.3 of the Insurance Code, an
underwritten title company, or an escrow company.
(c) Nothing in this section shall preclude the holder of the
escrow or title records from notifying a customer of the receipt of
the order for production of records unless a court orders the holder
of the escrow or title records to withhold notification to the
customer upon a finding that this notice would impede the
investigation. Where a court has made an order to withhold
notification to the customer under this subdivision, the peace
officer or law enforcement agency who obtained the escrow or title
records shall notify the customer by delivering a copy of the ex
parte order to the customer within 10 days of the termination of the
investigation.
(d) No holder of escrow or title records, or any officer,
employee, or agent thereof, shall be liable to any person for (A)
disclosing information in response to an order pursuant to this
section, or (B) complying with an order under this section not to
disclose to the customer, the order or the dissemination of
information pursuant to the order.
(e) Nothing in this section shall preclude the holder of the
escrow or title records from voluntarily disclosing information or
providing records to law enforcement upon request.



1327. A subpoena authorized by Section 1326 shall be substantially
in the following form:

The people of the State of California to A.B.:
You are commanded to appear before C.D., a judge of the ____
Court of ____ County, at (naming the place), on (stating the day and
hour), as a witness in a criminal action prosecuted by the people of
the State of California against E.F.
Given under my hand this ____ day of ____, A.D. 19____. G.H.,
Judge of the ____ Court (or "J.K., District Attorney," or "J.K.,
District Attorney Investigator," or "D.E., Public Defender," or
"D.E., Public Defender Investigator," or "F.G., Defense Counsel," or
"By order of the court, L.M., Clerk," or as the case may be).

If books, papers, or documents are required, a direction to the
following effect must be contained in the subpoena: "And you are
required, also, to bring with you the following" (describing
intelligibly the books, papers, or documents required).




1328. (a) A subpoena may be served by any person, except that the
defendant may not serve a subpoena in the criminal action to which he
or she is a party, but a peace officer shall serve in his or her
county any subpoena delivered to him or her for service, either on
the part of the people or of the defendant, and shall, without delay,
make a written return of the service, subscribed by him or her,
stating the time and place of service. The service is made by
delivering a copy of the subpoena to the witness personally.
(b) (1) If service is to be made on a minor, service shall be made
on the minor's parent, guardian, conservator, or similar fiduciary,
or if one of them cannot be located with reasonable diligence, then
service shall be made on any person having the care or control of the
minor or with whom the minor resides or by whom the minor is
employed, unless the parent, guardian, conservator, or fiduciary or
other specified person is the defendant, and on the minor if the
minor is 12 years of age or older. The person served shall have the
obligation of producing the minor at the time and place designated in
the subpoena. A willful failure to produce the minor is punishable
as a contempt pursuant to Section 1218 of the Code of Civil
Procedure. The person served shall be allowed the fees and expenses
that are provided for subpoenaed witnesses.
(2) If the minor is alleged to come within the description of
Section 300, 601, or 602 of the Welfare and Institutions Code, and
the minor is not residing with a parent or guardian, regardless of
the age of the minor, service shall also be made upon the designated
agent for service of process at the county child welfare department
or the probation department under whose jurisdiction the child has
been placed.
(3) The court having jurisdiction of the case shall have the power
to appoint a guardian ad litem to receive service of a subpoena of
the child and shall have the power to produce the child ordered to
court under this section.
(c) If any peace officer designated in Section 830 is required as
a witness before any court or magistrate in any action or proceeding
in connection with a matter regarding an event or transaction which
he or she has perceived or investigated in the course of his or her
duties, a criminal subpoena issued pursuant to this chapter requiring
his or her attendance may be served either by delivering a copy to
the peace officer personally or by delivering two copies to his or
her immediate superior or agent designated by his or her immediate
superior to receive the service or, in those counties where the local
agencies have consented with the marshal's office or sheriff's
office, where appropriate, to participate, by sending a copy by
electronic means, including electronic mail, computer modem,
facsimile, or other electronic means, to his or her immediate
superior or agent designated by the immediate superior to receive the
service. If the service is made by electronic means, the immediate
superior or agency designated by his or her immediate superior shall
acknowledge receipt of the subpoena by telephone or electronic means
to the sender of origin. If service is made upon the immediate
superior or agent designated by the immediate superior, the immediate
superior or the agent shall deliver a copy of the subpoena to the
peace officer as soon as possible and in no event later than a time
which will enable the peace officer to comply with the subpoena.
(d) If the immediate superior or his or her designated agent upon
whom service is attempted to be made knows he or she will be unable
to deliver a copy of the subpoena to the peace officer within a time
which will allow the peace officer to comply with the subpoena, the
immediate superior or agent may refuse to accept service of process
and is excused from any duty, liability, or penalty arising in
connection with the service, upon notifying the server of that fact.

(e) If the immediate superior or his or her agent is tendered
service of a subpoena less than five working days prior to the date
of hearing, and he or she is not reasonably certain he or she can
complete the service, he or she may refuse acceptance.
(f) If the immediate superior or agent upon whom service has been
made, subsequently determines that he or she will be unable to
deliver a copy of the subpoena to the peace officer within a time
which will allow the peace officer to comply with the subpoena, the
immediate superior or agent shall notify the server or his or her
office or agent not less than 48 hours prior to the hearing date
indicated on the subpoena, and is thereby excused from any duty,
liability, or penalty arising because of his or her failure to
deliver a copy of the subpoena to the peace officer. The server, so
notified, is therewith responsible for preparing the written return
of service and for notifying the originator of the subpoena if
required.
(g) Notwithstanding subdivision (c), in the case of peace officers
employed by the California Highway Patrol, if service is made upon
the immediate superior or upon an agent designated by the immediate
superior of the peace officer, the immediate superior or the agent
shall deliver a copy of the subpoena to the peace officer on the
officer's first workday following acceptance of service of process.
In this case, failure of the immediate superior or the designated
agent to deliver the subpoena shall not constitute a defect in
service.



1328.5. Whenever any peace officer is a witness before any court or
magistrate in any criminal action or proceeding in connection with a
matter regarding an event or transaction which he has perceived or
investigated in the course of his duties, where his testimony would
become a matter of public record, and where he is required to state
the place of his residence, he need not state the place of his
residence, but in lieu thereof, he may state his business address.



1328.6. Whenever any criminalist, questioned document examiner,
latent print analyst, polygraph examiner employed by the Department
of Justice, a police department, a sheriff's office, or a district
attorney's office, an intelligence specialist or other technical
specialist employed by the Department of Justice, a custodial officer
employed in a local detention facility, or an employee of the county
welfare department or the department which administers the county
public social services program, is a witness before any court or
magistrate in any criminal action or proceeding in connection with a
matter regarding an event or transaction which he or she has
perceived or investigated in the course of his or her official
duties, where his or her testimony would become a matter of public
record, and where he or she is required to state the place of his or
her residence, he or she need not state the place of his or her
residence, but in lieu thereof, he or she may state his or her
business address, unless the court finds, after an in camera hearing,
that the probative value of the witness's residential address
outweighs the creation of substantial danger to the witness.
Nothing in this section shall abridge or limit a defendant's right
to discover or investigate this information. This section is not
intended to apply to confidential informants.



1328a. A telegraphic copy of a subpoena for a witness in a criminal
proceeding may be sent by telegraph or teletype to one or more peace
officers, and such copy is as effectual in the hands of any officer,
and he must proceed in the same manner under it, as though he held
the original subpoena issued.


1328b. Every officer causing telegraphic copies of subpoenas to be
sent, must certify as correct, and file in the telegraph office from
which such copies are sent, a copy of the subpoena, and must return
the original with a statement of his action thereunder.



1328c. A peace officer must serve in his county or city any
subpoena delivered to him by telegraph or teletype for service and
must without delay make a return of the service by telegraph or
teletype. Any officer making a return of service of a subpoena by
telegraph or teletype must certify as to his actions in making the
service and file in the telegraph office from which the return is
sent a written statement with his signature in the same form as the
return on an original subpoena. The service of a teletype subpoena
is made by showing the original teletype to the witness personally
and informing him of its contents and delivering to him a copy of the
teletype.



1328d. Notwithstanding Section 1328, a subpoena may be delivered by
mail or messenger. Service shall be effected when the witness
acknowledges receipt of the subpoena to the sender, by telephone, by
mail, or in person, and identifies himself or herself by reference to
his or her date of birth and his or her driver's license number or
Department of Motor Vehicles identification card number. The sender
shall make a written notation of the identifying information obtained
during any acknowledgment by telephone or in person. A subpoena
issued and acknowledged pursuant to this section shall have the same
force and effect as a subpoena personally served. Failure to comply
with a subpoena issued and acknowledged pursuant to this section may
be punished as a contempt and the subpoena may so state; provided,
that a warrant of arrest or a body attachment may not be issued based
upon a failure to appear after being subpoenaed pursuant to this
section.
A party requesting a continuance based upon the failure of a
witness to appear in court at the time and place required for his or
her appearance or testimony pursuant to a subpoena, shall prove to
the court that the party has complied with the provisions of this
section. Such a continuance shall only be granted for a period of
time which would allow personal service of the subpoena and in no
event longer than that allowed by law, including the requirements of
Sections 861 and 1382.



1329. (a) When a person attends before a magistrate, grand jury, or
court, as a witness in a criminal case, whether upon a subpoena or
in pursuance of an undertaking, or voluntarily, the court, at its
discretion, if the attendance of the witness be upon a trial may by
an order upon its minutes, or in any criminal proceeding, by a
written order, direct the county auditor to draw his warrant upon the
county treasurer in favor of such witness for witness' fees at the
rate of twelve dollars ($12) for each day's actual attendance and for
a reasonable sum to be specified in the order for the necessary
expenses of such witness. The court, in its discretion, may make an
allowance under this section, or under any appropriate section in
Chapter 1 (commencing with Section 68070), Title 8, of the Government
Code, other than Section 68093. The allowances are county charges.

(b) The court, in its discretion, may authorize payment to such a
witness, if he is employed and if his salary is not paid by his
employer during the time he is absent from his employment because of
being such a witness, of a sum equal to his gross salary for such
time, but such sum shall not exceed eighteen dollars ($18) per day.
The sum is a county charge.
A person compensated under the provisions of this subdivision may
not receive the payment of witness' fees as provided for in
subdivision (a).



1329.1. Any witness who is subpoenaed in any criminal action or
proceeding shall be given written notice on the subpoena that the
witness may be entitled to receive fees and mileage. Such notice
shall indicate generally the manner in which a request or claim for
fees and mileage should be made.



1330. No person is obliged to attend as a witness before a court or
magistrate out of the county where the witness resides, or is served
with the subpoena, unless the distance be less than 150 miles from
his or her place of residence to the place of trial, or unless the
judge of the court in which the offense is triable, or a justice of
the Supreme Court, or a judge of a superior court, or, in the case of
a minor concerning whom a petition has been filed pursuant to
Article 16 (commencing with Section 650) of Chapter 2 of Part 1 of
Division 2 of the Welfare and Institutions Code, by the judge of the
juvenile court hearing the petition, upon an affidavit of the
district attorney or prosecutor, or of the defendant, or his or her
counsel, or in the case involving a minor in whose behalf a petition
has been filed in the juvenile court, of the probation officer
approving the filing of the petition or of any party to the action,
or his or her counsel, stating that he or she believes the evidence
of the witness is material, and his or her attendance at the
examination, trial, or hearing is material and necessary, shall
endorse on the subpoena an order for the attendance of the witness.
When a subpoena duces tecum is duly issued according to any other
provision of law and is served upon a custodian of records or other
qualified witness as provided in Article 4 (commencing with Section
1560) of Chapter 2 of Division 11 of the Evidence Code, and his or
her personal attendance is not required by the terms of the subpoena,
the limitations of this section shall not apply.



1331. Disobedience to a subpoena, or a refusal to be sworn or to
testify as a witness, may be punished by the Court or magistrate as a
contempt. A witness disobeying a subpoena issued on the part of the
defendant, unless he show good cause for his nonattendance, is
liable to the defendant in the sum of one hundred dollars, which may
be recovered in a civil action.



1331.5. Any person who is subpoenaed to appear at a session of
court, or at the trial of an issue therein, may, in lieu of
appearance at the time specified in the subpoena, agree with the
party at whose request the subpoena was issued, to appear at another
time or upon such notice as may be agreed upon. Any failure to
appear pursuant to such agreement may be punished as a contempt, and
a subpoena shall so state. The facts establishing such agreement and
the failure to appear may be shown by the affidavit of any person
having personal knowledge of the facts and the court may grant such
continuance as may be appropriate.


1332. (a) Notwithstanding the provisions of Sections 878 to 883,
inclusive, when the court is satisfied, by proof on oath, that there
is good cause to believe that any material witness for the
prosecution or defense, whether the witness is an adult or a minor,
will not appear and testify unless security is required, at any
proceeding in connection with any criminal prosecution or in
connection with a wardship petition pursuant to Section 602 of the
Welfare and Institutions Code, the court may order the witness to
enter into a written undertaking to the effect that he or she will
appear and testify at the time and place ordered by the court or that
he or she will forfeit an amount the court deems proper.
(b) If the witness required to enter into an undertaking to appear
and testify, either with or without sureties, refuses compliance
with the order for that purpose, the court may commit the witness, if
an adult, to the custody of the sheriff, and if a minor, to the
custody of the probation officer or other appropriate agency, until
the witness complies or is legally discharged.
(c) When a person is committed pursuant to this section, he or she
is entitled to an automatic review of the order requiring a written
undertaking and the order committing the person, by a judge or
magistrate having jurisdiction over the offense other than the one
who issued the order. This review shall be held not later than two
days from the time of the original order of commitment.
(d) If it is determined that the witness must remain in custody,
the witness is entitled to a review of that order after 10 days.
(e) When a witness has entered into an undertaking to appear, upon
his or her failure to do so the undertaking is forfeited in the same
manner as undertakings of bail.

[هيثم الفقى]

1334. This chapter may be cited as the Uniform Act to Secure the
Attendance of Witnesses from without the State in Criminal Cases.



1334.1. As used in this chapter:
(a) "Witness" includes any person whose testimony is desired in
any proceeding or investigation by a grand jury or in any criminal
action, prosecution, or proceeding.
(b) "State" means any State or Territory of the United States and
the District of Columbia.
(c) "Grand jury investigation" means any grand jury investigation
which has commenced or is about to commence.
(d) "Per diem" means a sum of money the purpose of which is to
provide for personal expenses, including, but not limited to, food
and lodging.



1334.2. If a judge of a court of record in any state, which by its
laws provides for commanding persons within that state to attend and
testify in this state, issues a certificate under the seal of the
court that there is a criminal prosecution pending in the court, or
that there is a grand jury investigation, that a person within this
state is a material witness in that prosecution or grand jury
investigation, and that his or her presence will be required for a
specified number of days, then, upon presentation of the certificate
to a judge of a court of record in the county in which the person is,
a time and place for a hearing shall be fixed by the judge and he or
she shall make an order directing the witness to appear at the
hearing.
If, at the hearing, the judge determines that the witness is
material and necessary, that it will not cause undue hardship to the
witness to be compelled to attend and testify in the prosecution or
grand jury investigation in the other state, and that the laws of the
state in which the prosecution is pending or in which there is a
grand jury investigation will give to the witness protection from
arrest and service of civil and criminal process and will furnish in
advance to the witness the sum of ten cents ($0.10) for each mile
necessarily traveled if the witness elects surface travel or the
minimum round trip scheduled airline fare plus twenty cents ($0.20) a
mile for necessary surface travel at either end of the flight if the
witness elects air travel, and, except as provided in subdivision
(b) of Section 1334.3, a per diem of twenty dollars ($20) for each
day that he or she is required to travel and attend as a witness and
that the judge of the court in which the witness is ordered to appear
will order the payment of witness fees authorized by law for each
day the witness is required to attend the court plus reimbursement
for any additional expenses of the witness which the judge of the
court in which the witness is ordered to appear shall find reasonable
and necessary, he or she shall issue a subpoena, with a copy of the
certificate attached, directing the witness to attend and testify in
the court where the prosecution is pending, or where the grand jury
investigation is, at a time and place specified in the subpoena. In
any of these hearings the certificate shall be prima facie evidence
of all the facts stated therein.
If the certificate recommends that the witness be taken into
immediate custody and delivered to an officer of the requesting state
to assure his or her attendance therein, the judge may, in lieu of
notification of the hearing, direct that the witness be forthwith
brought before him or her for the hearing.
If the judge at the hearing is satisfied of the desirability of
the custody and delivery, for which determination the certificate
shall be prima facie proof of this desirability, he or she may, in
lieu of issuing a subpoena, order that the witness be forthwith taken
into custody and delivered to an officer of the requesting state.
If the witness, who is subpoenaed as provided in this section,
after being paid or tendered by some properly authorized person the
sum or fare, and per diem set forth in this section, fails without
good cause to attend and testify as directed in the subpoena, he or
she shall be punished in the manner provided for the punishment of
any witness who disobeys a subpoena issued from a court of record in
this state.



1334.3. (a) If a person in any state, which by its laws has made
provision for commanding persons within its borders to attend and
testify in criminal prosecutions or grand jury investigations in this
state, is a material witness in a prosecution pending in a court of
record in this state, or in a grand jury investigation, a judge of
such court may issue a certificate under the seal of the court
stating these facts and specifying the number of days the witness
will be required. This certificate shall be presented to a judge of
a court of record in the county of such other state in which the
witness is found.
If the certificate recommends that the witness be taken into
immediate custody and delivered to an officer of this state to assure
his or her attendance in this state, the judge may direct that the
witness be forthwith brought before him or her. If the judge is
satisfied of the desirability of the custody and delivery, for which
determination the certificate shall be prima facie proof, he or she
may order that the witness be forthwith taken into custody and
delivered to an officer of this state. This order shall be
sufficient authority to the officer to take the witness into custody
and hold him or her unless and until he or she may be released by
bail, recognizance, or order of the judge issuing the certificate.
If the witness is subpoenaed to attend and testify in this state,
he or she shall be tendered the sum of ten cents ($0.10) for each
mile necessarily traveled if the witness elects surface travel or the
minimum round trip scheduled airlines fare plus twenty cents ($0.20)
a mile for necessary surface travel at either end of the flight if
the witness elects air travel, and except as provided in subdivision
(b), a per diem of twenty dollars ($20) for each day that he or she
is required to travel and attend as a witness. The judge of the
court in which the witness is ordered to appear shall order the
payment of witness fees authorized by law for each day the witness is
required to attend the court plus reimbursement for any additional
expenses of the witness which the judge of the court shall find
reasonable and necessary. A witness who has appeared in accordance
with the provisions of the subpoena shall not be required to remain
within this state a longer period of time than the period mentioned
in the certificate, unless otherwise ordered by the court. If the
witness fails without good cause to attend and testify as directed in
the subpoena, he or she shall be punished in the manner provided for
the punishment of any witness who disobeys a subpoena issued from a
court of record in this state.
(b) If the witness subpoenaed to attend and testify in this state
is at the time he or she is required to appear and testify an inmate
of a state prison, county jail, or other penal facility, the witness
shall, while attending in this state as a witness, be furnished food
and lodging in the jail or other appropriate penal facility in the
county in which the witness is attending court, and food and lodging
of that penal facility shall be rendered in lieu of the per diem
specified in subdivision (a).



1334.4. If a person comes into this State in obedience to a
subpoena directing him to attend and testify in this State, he shall
not, while in this State pursuant to the subpoena or order, be
subject to arrest or the service of process, civil or criminal, in
connection with matters which arose before his entrance into this
State under the subpoena.



1334.5. If a person passes through this State while going to
another State in obedience to a subpoena or order to attend and
testify in that State or while returning therefrom, he shall not
while so passing through this State be subject to arrest or the
service of process, civil or criminal, in connection with matters
which arose before his entrance into this State under the subpoena or
order.


1334.6. This chapter shall be so interpreted and construed as to
effectuate its general purpose to make uniform the law of the States
which enact similar legislation.

[هيثم الفقى]

1335. (a) When a defendant has been charged with a public offense
triable in any court, he or she in all cases, and the people in cases
other than those for which the punishment may be death, may, if the
defendant has been fully informed of his or her right to counsel as
provided by law, have witnesses examined conditionally in his or her
or their behalf, as prescribed in this chapter.
(b) When a defendant has been charged with a serious felony, the
people or the defendant may, if the defendant has been fully informed
of his or her right to counsel as provided by law, have a witness
examined conditionally as prescribed in this chapter, if there is
evidence that the life of the witness is in jeopardy.
(c) As used in this section, "serious felony" means any of the
felonies listed in subdivision (c) of Section 1192.7 or any violation
of Section 11351, 11352, 11378, or 11379 of the Health and Safety
Code.


1336. (a) When a material witness for the defendant, or for the
people, is about to leave the state, or is so sick or infirm as to
afford reasonable grounds for apprehension that he or she will be
unable to attend the trial, or is a person 65 years of age or older,
or a dependent adult, the defendant or the people may apply for an
order that the witness be examined conditionally.
(b) When there is evidence that the life of a witness is in
jeopardy, the defendant or the people may apply for an order that the
witness be examined conditionally.
(c) As used in this section, "dependent adult" means any person
who is between the ages of 18 and 65, who has physical or mental
limitations which restrict his or her ability to carry out normal
activities or to protect his or her rights, including, but not
limited to, persons who have physical or developmental disabilities
or whose physical or mental abilities have diminished because of age.
"Dependent adult" includes any person between the ages of 18 and 65,
who is admitted as an inpatient to a 24-hour facility, as defined in
Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.



1337. The application shall be made upon affidavit stating all of
the following:
(1) The nature of the offense charged.
(2) The state of the proceedings in the action.
(3) The name and residence of the witness, and that his or her
testimony is material to the defense or the prosecution of the
action.
(4) That the witness is about to leave the state, or is so sick or
infirm as to afford reasonable grounds for apprehending that he or
she will not be able to attend the trial, or is a person 65 years of
age or older, or a dependent adult, or that the life of the witness
is in jeopardy.


1338. The application may be made to the court or a judge thereof,
and must be made upon three days' notice to the opposite party.



1339. If the court or judge is satisfied that the examination of
the witness is necessary, an order must be made that the witness be
examined conditionally, at a specified time and place, and before a
magistrate designated therein.


1340. The defendant has the right to be present in person and with
counsel at such examination, and if the defendant is in custody, the
officer in whose custody he is, must be informed of the time and
place of such examination, and must take the defendant thereto, and
keep him in the presence and hearing of the witness during the
examination.



1341. If, at the time and place so designated, it is shown to the
satisfaction of the magistrate that the witness is not about to leave
the state, or is not sick or infirm, or is not a person 65 years of
age or older, or a dependent adult, or that the life of the witness
is not in jeopardy, or that the application was made to avoid the
examination of the witness at the trial, the examination cannot take
place.



1342. The attendance of the witness may be enforced by a subpoena,
issued by the magistrate before whom the examination is to be taken.



1343. The testimony given by the witness shall be reduced to
writing and authenticated in the same manner as the testimony of a
witness taken in support of an information. Additionally, the
testimony may be video-recorded.


1344. The deposition taken must, by the magistrate, be sealed up
and transmitted to the Clerk of the Court in which the action is
pending or may come for trial.



1345. The deposition, or a certified copy of it, may be read in
evidence, or if the examination was video-recorded, that
video-recording may be shown by either party at the trial if the
court finds that the witness is unavailable as a witness within the
meaning of Section 240 of the Evidence Code. The same objections may
be taken to a question or answer contained in the deposition or
video-recording as if the witness had been examined orally in court.

[هيثم الفقى]

1346. (a) When a defendant has been charged with a violation of
Section 220, 243.4, 261, 261.5, 264.1, 273a, 273d, 285, 286, 288,
288a, 288.5, 289, or 647.6, where the victim either is a person 15
years of age or less or is developmentally disabled as a result of
mental retardation, as specified in subdivision (a) of Section 4512
of the Welfare and Institutions Code, the people may apply for an
order that the victim's testimony at the preliminary hearing, in
addition to being stenographically recorded, be recorded and
preserved on videotape.
(b) The application for the order shall be in writing and made
three days prior to the preliminary hearing.
(c) Upon timely receipt of the application, the magistrate shall
order that the testimony of the victim given at the preliminary
hearing be taken and preserved on videotape. The videotape shall be
transmitted to the clerk of the court in which the action is pending.

(d) If at the time of trial the court finds that further testimony
would cause the victim emotional trauma so that the victim is
medically unavailable or otherwise unavailable within the meaning of
Section 240 of the Evidence Code, the court may admit the videotape
of the victim's testimony at the preliminary hearing as former
testimony under Section 1291 of the Evidence Code.
(e) Any videotape which is taken pursuant to this section is
subject to a protective order of the court for the purpose of
protecting the privacy of the victim. This subdivision does not
affect the provisions of subdivision (b) of Section 868.7.
(f) Any videotape made pursuant to this section shall be made
available to the prosecuting attorney, the defendant, and his or her
attorney for viewing during ordinary business hours. Any videotape
which is made available pursuant to this section is subject to a
protective order of the court for the purpose of protecting the
privacy of the victim.
(g) The tape shall be destroyed after five years have elapsed from
the date of entry of judgment; provided, however, that if an appeal
is filed, the tape shall not be destroyed until a final judgment on
appeal has been rendered.



1346.1. (a) When a defendant has been charged with a violation of
Section 262 or subdivision (a) of Section 273.5, the people may apply
for an order that the victim's testimony at the preliminary hearing,
in addition to being stenographically recorded, be recorded and
preserved on videotape.
(b) The application for the order shall be in writing and made
three days prior to the preliminary hearing.
(c) Upon timely receipt of the application, the magistrate shall
order that the testimony of the victim given at the preliminary
hearing be taken and preserved on videotape. The videotape shall be
transmitted to the clerk of the court in which the action is
pending.
(d) If the victim's prior testimony given at the preliminary
hearing is admissible pursuant to the Evidence Code, then the
videotape recording of that testimony may be introduced as evidence
at trial.



1347. (a) It is the intent of the Legislature in enacting this
section to provide the court with discretion to employ alternative
court procedures to protect the rights of a child witness, the rights
of the defendant, and the integrity of the judicial process. In
exercising its discretion, the court necessarily will be required to
balance the rights of the defendant or defendants against the need to
protect a child witness and to preserve the integrity of the court's
truthfinding function. This discretion is intended to be used
selectively when the facts and circumstances in the individual case
present compelling evidence of the need to use these alternative
procedures.
(b) Notwithstanding any other law, the court in any criminal
proceeding, upon written notice by the prosecutor made at least three
days prior to the date of the preliminary hearing or trial date on
which the testimony of the minor is scheduled, or during the course
of the proceeding on the court's own motion, may order that the
testimony of a minor 13 years of age or younger at the time of the
motion be taken by contemporaneous examination and cross-examination
in another place and out of the presence of the judge, jury,
defendant or defendants, and attorneys, and communicated to the
courtroom by means of closed-circuit television, if the court makes
all of the following findings:
(1) The minor's testimony will involve a recitation of the facts
of any of the following:
(A) An alleged ***ual offense committed on or with the minor.
(B) An alleged violent felony, as defined in subdivision (c) of
Section 667.5, of which the minor is a victim.
(C) An alleged felony offense specified in Section 273a or 273d of
which the minor is a victim.
(2) The impact on the minor of one or more of the factors
enumerated in subparagraphs (A) to (E), inclusive, is shown by clear
and convincing evidence to be so substantial as to make the minor
unavailable as a witness unless closed-circuit testimony is used.
(A) Testimony by the minor in the presence of the defendant would
result in the child suffering serious emotional distress so that the
child would be unavailable as a witness.
(B) The defendant used a deadly weapon in the commission of the
offense.
(C) The defendant threatened serious bodily injury to the child or
the child's family, threatened incarceration or deportation of the
child or a member of the child's family, threatened removal of the
child from the child's family, or threatened the dissolution of the
child's family in order to prevent or dissuade the minor from
attending or giving testimony at any trial or court proceeding, or to
prevent the minor from reporting the alleged ***ual offense, or from
assisting in criminal prosecution.
(D) The defendant inflicted great bodily injury upon the child in
the commission of the offense.
(E) The defendant or his or her counsel behaved during the hearing
or trial in a way that caused the minor to be unable to continue his
or her testimony.
In making the determination required by this section, the court
shall consider the age of the minor, the relationship between the
minor and the defendant or defendants, any handicap or disability of
the minor, and the nature of the acts charged. The minor's refusal to
testify shall not alone constitute sufficient evidence that the
special procedure described in this section is necessary to obtain
the minor's testimony.
(3) The equipment available for use of closed-circuit television
would accurately communicate the image and demeanor of the minor to
the judge, jury, defendant or defendants, and attorneys.
(c) If the court orders the use of closed-circuit television,
two-way closed-circuit television shall be used, except that if the
impact on the minor of one or more of the factors enumerated in
subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision
(b), is shown by clear and convincing evidence to be so substantial
as to make the minor unavailable as a witness even if two-way
closed-circuit television is used, one-way closed-circuit television
may be used. The prosecution shall give the defendant or defendants
at least 30 days' written notice of the prosecution's intent to seek
the use of one-way closed-circuit television, unless good cause is
shown to the court why this 30-day notice requirement should not
apply.
(d) (1) The hearing on a motion brought pursuant to this section
shall be conducted out of the presence of the jury.
(2) Notwithstanding Section 804 of the Evidence Code or any other
law, the court, in determining the merits of the motion, shall not
compel the minor to testify at the hearing; nor shall the court deny
the motion on the ground that the minor has not testified.
(3) In determining whether the impact on an individual child of
one or more of the five factors enumerated in paragraph (2) of
subdivision (b) is so substantial that the minor is unavailable as a
witness unless two-way or one-way closed-circuit television is used,
the court may question the minor in chambers, or at some other
comfortable place other than the courtroom, on the record for a
reasonable period of time with the support person, the prosecutor,
and defense counsel present. The defendant or defendants shall not be
present. The court shall conduct the questioning of the minor and
shall not permit the prosecutor or defense counsel to examine the
minor. The prosecutor and defense counsel shall be permitted to
submit proposed questions to the court prior to the session in
chambers. Defense counsel shall be afforded a reasonable opportunity
to consult with the defendant or defendants prior to the conclusion
of the session in chambers.
(e) When the court orders the testimony of a minor to be taken in
another place outside of the courtroom, the court shall do all of the
following:
(1) Make a brief statement on the record, outside of the presence
of the jury, of the reasons in support of its order. While the
statement need not include traditional findings of fact, the reasons
shall be set forth with sufficient specificity to permit meaningful
review and to demonstrate that discretion was exercised in a careful,
reasonable, and equitable manner.
(2) Instruct the members of the jury that they are to draw no
inferences from the use of closed-circuit television as a means of
facilitating the testimony of the minor.
(3) Instruct respective counsel, outside of the presence of the
jury, that they are to make no comment during the course of the trial
on the use of closed-circuit television procedures.
(4) Instruct the support witness, outside of the presence of the
jury, that he or she is not to coach, cue, or in any way influence or
attempt to influence the testimony of the minor.
(5) Order that a complete record of the examination of the minor,
including the images and voices of all persons who in any way
participate in the examination, be made and preserved on videotape in
addition to being stenographically recorded. The videotape shall be
transmitted to the clerk of the court in which the action is pending
and shall be made available for viewing to the prosecuting attorney,
the defendant or defendants, and his or her attorney during ordinary
business hours. The videotape shall be destroyed after five years
have elapsed from the date of entry of judgment. If an appeal is
filed, the tape shall not be destroyed until a final judgment on
appeal has been ordered. Any videotape that is taken pursuant to this
section is subject to a protective order of the court for the
purpose of protecting the privacy of the witness. This subdivision
does not affect the provisions of subdivision (b) of Section 868.7.
(f) When the court orders the testimony of a minor to be taken in
another place outside the courtroom, only the minor, a support person
designated pursuant to Section 868.5, a nonuniformed bailiff any
technicians necessary to operate the closed-circuit equipment, and,
after consultation with the prosecution and the defense, a
representative appointed by the court, shall be physically present
for the testimony. A videotape shall record the image of the minor
and his or her testimony, and a separate videotape shall record the
image of the support person.
(g) When the court orders the testimony of a minor to be taken in
another place outside the courtroom, the minor shall be brought into
the judge's chambers prior to the taking of his or her testimony to
meet for a reasonable period of time with the judge, the prosecutor,
and defense counsel. A support person for the minor shall also be
present. This meeting shall be for the purpose of explaining the
court process to the child and to allow the attorneys an opportunity
to establish rapport with the child to facilitate later questioning
by closed-circuit television. No participant shall discuss the
defendant or defendants or any of the facts of the case with the
minor during this meeting.
(h) When the court orders the testimony of a minor to be taken in
another place outside the courtroom, nothing in this section
prohibits the court from ordering the minor to be brought into the
courtroom for a limited purpose, including the identification of the
defendant or defendants as the court deems necessary.
(i) The examination shall be under oath, and the defendant or
defendants shall be able to see and hear the minor witness, and if
two-way closed-circuit television is used, the defendant's image
shall be transmitted live to the witness.
(j) Nothing in this section affects the disqualification of
witnesses pursuant to Section 701 of the Evidence Code.
(k) The cost of examination by contemporaneous closed-circuit
television ordered pursuant to this section shall be borne by the
court out of its existing budget.
(l) Nothing in this section shall be construed to prohibit a
defendant from being represented by counsel during any closed-circuit
testimony.


1347.5. (a) It is the intent of the Legislature, in enacting this
section, to provide the court with discretion to modify court
procedures, as a reasonable accommodation, to assure that adults and
children with disabilities who have been victims of an alleged ***ual
or otherwise specified offense are able to participate effectively
in criminal proceedings. In exercising its discretion, the court
shall balance the rights of the defendant against the right of the
victim who has a disability to full access and participation in the
proceedings, while preserving the integrity of the court's
truthfinding function.
(1) For purposes of this section, the term "disability" is defined
in paragraphs (1) and (2) of subdivision (c) of Section 11135 of the
Government Code.
(2) The right of the victim is not to confront the perpetrator,
but derives under both Section 504 of the Rehabilitation Act of 1973
(29 U.S.C. Sec. 794) and the Americans with Disabilities Act of 1990
(42 U.S.C. Sec. 12101 and following) as a right to participate in
or benefit from the same services or services that are equal or as
effective as those enjoyed by persons without disabilities.
(b) Notwithstanding any other law, in any criminal proceeding in
which the defendant is charged with a violation of Section 220,
243.4, 261, 261.5, 264.1, 273a, 273d, 285, 286, 288, 288a, 288.5, or
289, subdivision (1) of Section 314, Section 368, 647.6, or with any
attempt to commit a crime listed in this subdivision, committed with
or upon a person with a disability, the court in its discretion may
make accommodations to support the person with a disability,
including, but not limited to, any of the following:
(1) Allow the person with a disability reasonable periods of
relief from examination and cross-examination during which he or she
may retire from the courtroom. The judge may also allow other
witnesses in the proceeding to be examined when the person with a
disability retires from the courtroom.
(2) Allow the person with a disability to utilize a support person
pursuant to Section 868.5 or a regional center representative
providing services to a developmentally disabled individual pursuant
to Article 1 (commencing with Section 4620) or Article 2 (commencing
with Section 4640) of Chapter 5 of Division 4.5 of the Welfare and
Institutions Code. In addition to, or instead of, allowing the
person with a disability to utilize a support person or regional
center representative pursuant to this paragraph, the court may allow
the person with a disability to utilize a person necessary to
facilitate the communication or physical needs of the person with a
disability.
(3) Notwithstanding Section 68119 of the Government Code, the
judge may remove his or her robe if the judge believes that this
formal attire prevents full participation of the person with a
disability because it is intimidating to him or her.
(4) The judge, parties, witnesses, support persons, and court
personnel may be relocated within the courtroom to facilitate a more
comfortable and personal environment for the person with a disability
as well as accommodating any specific requirements for communication
by that person.
(c) The prosecutor may apply for an order that the testimony of
the person with a disability at the preliminary hearing, in addition
to being stenographically recorded, be recorded and preserved on
videotape.
(1) The application for the order shall be in writing and made
three days prior to the preliminary hearing.
(2) Upon timely receipt of the application, the judge shall order
that the testimony of the person with a disability given at the
preliminary hearing be taken and preserved on videotape. The
videotape shall be transmitted to the clerk of the court in which the
action is pending.
(3) If at the time of trial the court finds that further testimony
would cause the person with a disability emotional trauma so that he
or she is medically unavailable or otherwise unavailable within the
meaning of Section 240 of the Evidence Code, the court may admit the
videotape of his or her testimony at the preliminary hearing as
former testimony under Section 1291 of the Evidence Code.
(4) Any videotape that is taken pursuant to this subdivision is
subject to a protective order of the court for the purpose of
protecting the privacy of the person with a disability. This
subdivision does not affect the provisions of subdivision (b) of
Section 868.7.
(d) Notwithstanding any other law, the court in any criminal
proceeding, upon written notice of the prosecutor made at least three
days prior to the date of the preliminary hearing or trial date on
which the testimony of the person with a disability is scheduled, or
during the course of the proceeding on the court's own motion, may
order that the testimony of the person with a disability be taken by
contemporaneous examination and cross-examination in another place
and out of the presence of the judge, jury, and defendant, and
communicated to the courtroom by means of two-way closed-circuit
television, if the court makes all of the following findings:
(1) The person with a disability will be called on to testify
concerning facts of an alleged ***ual offense, or other crime as
specified in subdivision (b), committed on or with that person.
(2) The impact on the person with a disability of one or more of
the factors enumerated in subparagraphs (A) to (D), inclusive, is
shown by clear and convincing evidence to be so substantial as to
make the person with a disability unavailable as a witness unless
closed-circuit television is used. The refusal of the person with a
disability to testify shall not alone constitute sufficient evidence
that the special procedure described in this subdivision is necessary
in order to accommodate the disability. The court may take into
consideration the relationship between the person with a disability
and the defendant or defendants.
(A) Threats of serious bodily injury to be inflicted on the person
with a disability or a family member, of incarceration,
institutionalization, or deportation of the person with a disability
or a family member, or of removal of the person with a disability
from his or her residence by withholding needed services when the
threats come from a service provider, in order to prevent or dissuade
the person with a disability from attending or giving testimony at
any trial or court proceeding or to prevent that person from
reporting the alleged offense or from assisting in criminal
prosecution.
(B) Use of a firearm or any other deadly weapon during the
commission of the crime.
(C) Infliction of great bodily injury upon the person with a
disability during the commission of the crime.
(D) Conduct on the part of the defendant or defense counsel during
the hearing or trial that causes the person with a disability to be
unable to continue his or her testimony.
(e) (1) The hearing on the motion brought pursuant to this
subdivision shall be conducted out of the presence of the jury.
(2) Notwithstanding Section 804 of the Evidence Code or any other
law, the court, in determining the merits of the motion, shall not
compel the person with a disability to testify at the hearing; nor
shall the court deny the motion on the ground that the person with a
disability has not testified.
(3) In determining whether the impact on an individual person with
a disability of one or more of the factors enumerated under
paragraph (2) of subdivision (d) is so substantial that the person is
unavailable as a witness unless the closed-circuit television
procedure is employed, the court may question the person with a
disability in chambers, or at some other comfortable place other than
the courtroom, on the record for a reasonable period of time with
the support person described under paragraph (2) of subdivision (b),
the prosecutor, and defense counsel present. At this time the court
shall explain the process to the person with a disability. The
defendant or defendants shall not be present; however, the defendant
or defendants shall have the opportunity to contemporaneously observe
the proceedings by closed-circuit television. Defense counsel shall
be afforded a reasonable opportunity to consult with the defendant
or defendants prior to the conclusion of the session in chambers.
(f) When the court orders the testimony of a victim who is a
person with a disability to be taken in another place outside of the
courtroom, the court shall do all of the following:
(1) Make a brief statement on the record, outside of the presence
of the jury, of the reasons in support of its order. While the
statement need not include traditional findings of fact, the reasons
shall be set forth with sufficient specificity to permit meaningful
review and to demonstrate that discretion was exercised in a careful,
reasonable, and equitable manner.
(2) Instruct the members of the jury that they are to draw no
inferences from the use of closed-circuit television as a means of
assuring the full participation of the victim who is a person with a
disability by accommodating that individual's disability.
(3) Instruct respective counsel, outside of the presence of the
jury, that they are to make no comment during the course of the trial
on the use of closed-circuit television procedures.
(4) Instruct the support person, if the person is part of the
court's accommodation of the disability, outside of the presence of
the jury, that he or she is not to coach, cue, or in any way
influence or attempt to influence the testimony of the person with a
disability.
(5) Order that a complete record of the examination of the person
with a disability, including the images and voices of all persons who
in any way participate in the examination, be made and preserved on
videotape in addition to being stenographically recorded. The
videotape shall be transmitted to the clerk of the court in which the
action is pending and shall be made available for viewing to the
prosecuting attorney, the defendant, and his or her attorney, during
ordinary business hours. The videotape shall be destroyed after five
years have elapsed from the date of entry of judgment. If an appeal
is filed, the tape shall not be destroyed until a final judgment on
appeal has been ordered. Any videotape that is taken pursuant to
this section is subject to a protective order of the court for the
purpose of protecting the privacy of the person with a disability.
This subdivision does not affect the provisions of subdivision (b) of
Section 868.7.
(g) When the court orders the testimony of a victim who is a
person with a disability to be taken in another place outside the
courtroom, nothing in this section shall prohibit the court from
ordering the victim to appear in the courtroom for a limited purpose,
including the identification of the defendant or defendants as the
court deems necessary.
(h) The examination shall be under oath, and the defendant shall
be able to see and hear the person with a disability. If two-way
closed-circuit television is used, the defendant's image shall be
transmitted live to the person with a disability.
(i) Nothing in this section shall affect the disqualification of
witnesses pursuant to Section 701 of the Evidence Code.
(j) The cost of examination by contemporaneous closed-circuit
television ordered pursuant to this section shall be borne by the
court out of its existing budget.
(k) This section shall not be construed to obviate the need to
provide other accommodations necessary to ensure accessibility of
courtrooms to persons with disabilities nor prescribe a lesser
standard of accessibility or usability for persons with disabilities
than that provided by Title II of the Americans with Disabilities Act
of 1990 (42 U.S.C. Sec. 12101 and following) and federal regulations
adopted pursuant to that act.
(l) The Judicial Council shall report to the Legislature, no later
than two years after the enactment of this subdivision, on the
frequency of the use and effectiveness of admitting the videotape of
testimony by means of closed-circuit television.

[هيثم الفقى]

1349. When an issue of fact is joined upon an indictment or
information, the defendant may have any material witness, residing
out of the state, examined in his behalf, as prescribed in this
chapter, and not otherwise.


1350. When a material witness for the defendant resides out of the
State, the defendant may apply for an order that the witness be
examined on a commission.


1351. A commission is a process issued under the seal of the Court
and the signature of the Clerk, directed to some person designated as
Commissioner, authorizing him to examine the witness upon oath on
interrogatories annexed thereto, to take and certify the deposition
of the witness, and to return it according to the directions given
with the commission.



1352. The application must be made upon affidavit, stating:
1. The nature of the offense charged;
2. The state of the proceedings in the action, and that an issue
of fact has been joined therein;
3. The name of the witness, and that his testimony is material to
the defense of the action;
4. That the witness resides out of the State.



1353. The application may be made to the Court, or a Judge thereof,
and must be upon three days' notice to the District Attorney.



1354. If the Court to whom the application is made is satisfied of
the truth of the facts stated, and that the examination of the
witness is necessary to the attainment of justice, an order must be
made that a commission be issued to take his testimony; and the Court
may insert in the order a direction that the trial be stayed for a
specified time, reasonably sufficient for the execution and return of
the commission.



1355. When the commission is ordered, the defendant must serve upon
the District Attorney, without delay, a copy of the interrogatories
to be annexed thereto, with two days' notice of the time at which
they will be presented to the Court or Judge. The District Attorney
may in like manner serve upon the defendant or his counsel
cross-interrogatories, to be annexed to the commission, with the like
notice. In the interrogatories either party may insert any
questions pertinent to the issue. When the interrogatories and
cross-interrogatories are presented to the Court or Judge, according
to the notice given, the Court or Judge must modify the questions so
as to conform them to the rules of evidence, and must indorse upon
them his allowance and annex them to the commission.



1356. Unless the parties otherwise consent, by an indorsement upon
the commission, the Court or Judge must indorse thereon a direction
as to the manner in which it must be returned, and may, in his
discretion, direct that it be returned by mail or otherwise,
addressed to the Clerk of the Court in which the action is pending,
designating his name and the place where his office is kept.



1357. The commissioner, unless otherwise specially directed, may
execute the commission in the following order:
(a) He or she shall publicly administer an oath to the witness
that his or her answers given to the interrogatories shall be the
truth, the whole truth, and nothing but the truth.
(b) He or she shall cause the examination of the witness to be
reduced to writing and subscribed by the witness.
(c) He or she shall write the answers of the witness as near as
possible in the language in which he or she gives them, and read to
the witness each answer as it is taken down, and correct or add to it
until it conforms to what he or she declares is the truth.
(d) If the witness declines to answer a question, that fact, with
the reason assigned by him or her for declining, shall be stated.
(e) If any papers or documents are produced before him or her and
proved by the witness, they, or copies of them, shall be annexed to
the deposition subscribed by the witness and certified by the
commissioner.
(f) The commissioner shall subscribe his or her name to each sheet
of the deposition, and annex the deposition, with the papers and
documents proved by the witness, or copies thereof, to the
commission, and shall close it up under seal, and address it as
directed by the indorsement thereon.
(g) If there is a direction on the commission to return it by
mail, the commissioner shall immediately deposit it in the nearest
post office. If any other direction is made by the written consent
of the parties, or by the court or judge, on the commission, as to
its return, the commissioner shall comply with the direction.
A copy of this section shall be annexed to the commission.



1358. If the commission and return be delivered by the Commissioner
to an agent, he must deliver the same to the Clerk to whom it is
directed, or to the Judge of the Court in which the action is
pending, by whom it may be received and opened, upon the agent making
affidavit that he received it from the hands of the Commissioner,
and that it has not been opened or altered since he received it.



1359. If the agent is dead, or from sickness or other casualty
unable personally to deliver the commission and return, as prescribed
in the last section, it may be received by the Clerk or Judge from
any other person, upon his making an affidavit that he received it
from the agent; that the agent is dead, or from sickness or other
casualty unable to deliver it; that it has not been opened or altered
since the person making the affidavit received it; and that he
believes it has not been opened or altered since it came from the
hands of the Commissioner.



1360. The clerk or judge receiving and opening the commission and
return shall immediately file it, with the affidavit mentioned in
Sections 1358 and 1359, in the office of the clerk of the court in
which the indictment is pending. If the commission and return is
transmitted by mail, the clerk to whom it is addressed shall receive
it from the post office, and open and file it in his or her office,
where it must remain, unless otherwise directed by the court or
judge.


1361. The commission and return must at all times be open to the
inspection of the parties, who must be furnished by the Clerk with
copies of the same or of any part thereof, on payment of his fees.



1362. The depositions taken under the commission may be read in
evidence by either party on the trial if the court finds that the
witness is unavailable as a witness within the meaning of Section 240
of the Evidence Code. The same objections may be taken to a
question in the interrogatories or to an answer in the deposition as
if the witness had been examined orally in court.

[هيثم الفقى]

INQUIRY INTO THE COMPETENCE OF THE DEFENDANT BEFORE
TRIAL OR AFTER CONVICTION
1367. (a) A person cannot be tried or adjudged to punishment while
that person is mentally incompetent. A defendant is mentally
incompetent for purposes of this chapter if, as a result of mental
disorder or developmental disability, the defendant is unable to
understand the nature of the criminal proceedings or to assist
counsel in the conduct of a defense in a rational manner.
(b) Section 1370 shall apply to a person who is charged with a
felony and is incompetent as a result of a mental disorder. Sections
1367.1 and 1370.01 shall apply to a person who is charged with a
misdemeanor or misdemeanors only, and the judge finds reason to
believe that the defendant is mentally disordered, and may, as a
result of the mental disorder, be incompetent to stand trial. Section
1370.1 shall apply to a person who is incompetent as a result of a
developmental disability and shall apply to a person who is
incompetent as a result of a mental disorder, but is also
developmentally disabled.



1367.1. (a) During the pendency of an action and prior to judgment
in a case when the defendant has been charged with a misdemeanor or
misdemeanors only, if the defendant's behavior or other evidence
leads the judge to conclude that there is reason to believe that the
defendant is mentally disordered and as a result may be incompetent
to stand trial, the judge shall state this conclusion and his or her
reasons in the record. The judge shall inquire of the attorney for
the defendant whether, in the opinion of the attorney, the defendant
is mentally disordered. If the defendant is not represented by
counsel, the court shall appoint counsel. At the request of the
defendant or his or her counsel or upon its own motion, the court
shall recess the proceedings for as long as may be reasonably
necessary to permit counsel to confer with the defendant and to form
an opinion as to whether the defendant is mentally disordered at that
time.
(b) If counsel informs the court that he or she believes the
defendant is or may be mentally disordered, the court shall order
that the defendant be referred for evaluation and treatment in
accordance with Section 4011.6. If counsel informs the court that he
or she believes the defendant is not mentally disordered, the court
may nevertheless order that the defendant be referred for evaluation
and treatment in accordance with Section 4011.6. The judge may order
the facility providing evaluation and treatment to provide the court
a copy of the discharge summary at the conclusion of evaluation and
treatment.
(c) Except as provided in Section 1368.1, when an order for
evaluation and treatment in accordance with Section 4011.6 has been
issued, all proceedings in the criminal prosecution shall be
suspended until the evaluation and treatment has been concluded.
If a jury has been impaneled and sworn to try the defendant, the
jury may be discharged if it appears to the court that undue hardship
to the jurors would result if the jury is retained on call.
(d) When evaluation and treatment ordered pursuant to this section
has concluded, the defendant shall be returned to court. If it
appears to the judge that the defendant is competent to stand trial,
the criminal process shall resume, the trial on the offense or
offenses charged shall proceed, and judgment may be pronounced. If
the judge has reason to believe that the defendant may be incompetent
to stand trial despite the treatment ordered pursuant to this
section, the judge may order that the question of the defendant's
mental competence to stand trial is to be determined in a hearing
held pursuant to Sections 1368.1 and 1369. If the defendant is found
mentally incompetent, then the provision of Section 1370.01 shall
apply.


1368. (a) If, during the pendency of an action and prior to
judgment, a doubt arises in the mind of the judge as to the mental
competence of the defendant, he or she shall state that doubt in the
record and inquire of the attorney for the defendant whether, in the
opinion of the attorney, the defendant is mentally competent. If the
defendant is not represented by counsel, the court shall appoint
counsel. At the request of the defendant or his or her counsel or
upon its own motion, the court shall recess the proceedings for as
long as may be reasonably necessary to permit counsel to confer with
the defendant and to form an opinion as to the mental competence of
the defendant at that point in time.
(b) If counsel informs the court that he or she believes the
defendant is or may be mentally incompetent, the court shall order
that the question of the defendant's mental competence is to be
determined in a hearing which is held pursuant to Sections 1368.1 and
1369. If counsel informs the court that he or she believes the
defendant is mentally competent, the court may nevertheless order a
hearing. Any hearing shall be held in the superior court.
(c) Except as provided in Section 1368.1, when an order for a
hearing into the present mental competence of the defendant has been
issued, all proceedings in the criminal prosecution shall be
suspended until the question of the present mental competence of the
defendant has been determined.
If a jury has been impaneled and sworn to try the defendant, the
jury shall be discharged only if it appears to the court that undue
hardship to the jurors would result if the jury is retained on call.

If the defendant is declared mentally incompetent, the jury shall
be discharged.


1368.1. (a) If the action is on a complaint charging a felony,
proceedings to determine mental competence shall be held prior to
the filing of an information unless the counsel for the defendant
requests a preliminary examination under the provisions of Section
859b. At such preliminary examination, counsel for the defendant may
(1) demur, (2) move to dismiss the complaint on the ground that
there is not reasonable cause to believe that a felony has been
committed and that the defendant is guilty thereof, or (3) make a
motion under Section 1538.5.
(b) If the action is on a complaint charging a misdemeanor,
counsel for the defendant may (1) demur, (2) move to dismiss the
complaint on the ground that there is not reasonable cause to believe
that a public offense has been committed and that the defendant is
guilty thereof, or (3) make a motion under Section 1538.5.
(c) In ruling upon any demurrer or motion described in subdivision
(a) or (b), the court may hear any matter which is capable of fair
determination without the personal participation of the defendant.
(d) A demurrer or motion described in subdivision (a) or (b) shall
be made in the court having jurisdiction over the complaint. The
defendant shall not be certified until the demurrer or motion has
been decided.



1369. A trial by court or jury of the question of mental competence
shall proceed in the following order:
(a) The court shall appoint a psychiatrist or licensed
psychologist, and any other expert the court may deem appropriate, to
examine the defendant. In any case where the defendant or the
defendant's counsel informs the court that the defendant is not
seeking a finding of mental incompetence, the court shall appoint two
psychiatrists, licensed psychologists, or a combination thereof.
One of the psychiatrists or licensed psychologists may be named by
the defense and one may be named by the prosecution. The examining
psychiatrists or licensed psychologists shall evaluate the nature of
the defendant's mental disorder, if any, the defendant's ability or
inability to understand the nature of the criminal proceedings or
assist counsel in the conduct of a defense in a rational manner as a
result of a mental disorder and, if within the scope of their
licenses and appropriate to their opinions, whether or not treatment
with antipsychotic medication is medically appropriate for the
defendant and whether antipsychotic medication is likely to restore
the defendant to mental competence. If an examining psychologist is
of the opinion that antipsychotic medication may be medically
appropriate for the defendant and that the defendant should be
evaluated by a psychiatrist to determine if antipsychotic medication
is medically appropriate, the psychologist shall inform the court of
this opinion and his or her recommendation as to whether a
psychiatrist should examine the defendant. The examining
psychiatrists or licensed psychologists shall also address the issues
of whether the defendant has capacity to make decisions regarding
antipsychotic medication and whether the defendant is a danger to
self or others. If the defendant is examined by a psychiatrist and
the psychiatrist forms an opinion as to whether or not treatment with
antipsychotic medication is medically appropriate, the psychiatrist
shall inform the court of his or her opinions as to the likely or
potential side effects of the medication, the expected efficacy of
the medication, and possible alternative treatments. If it is
suspected the defendant is developmentally disabled, the court shall
appoint the director of the regional center for the developmentally
disabled established under Division 4.5 (commencing with Section
4500) of the Welfare and Institutions Code, or the designee of the
director, to examine the defendant. The court may order the
developmentally disabled defendant to be confined for examination in
a residential facility or state hospital.
The regional center director shall recommend to the court a
suitable residential facility or state hospital. Prior to issuing an
order pursuant to this section, the court shall consider the
recommendation of the regional center director. While the person is
confined pursuant to order of the court under this section, he or she
shall be provided with necessary care and treatment.
(b) (1) The counsel for the defendant shall offer evidence in
support of the allegation of mental incompetence.
(2) If the defense declines to offer any evidence in support of
the allegation of mental incompetence, the prosecution may do so.
(c) The prosecution shall present its case regarding the issue of
the defendant's present mental competence.
(d) Each party may offer rebutting testimony, unless the court,
for good reason in furtherance of justice, also permits other
evidence in support of the original contention.
(e) When the evidence is concluded, unless the case is submitted
without final argument, the prosecution shall make its final argument
and the defense shall conclude with its final argument to the court
or jury.
(f) In a jury trial, the court shall charge the jury, instructing
them on all matters of law necessary for the rendering of a verdict.
It shall be presumed that the defendant is mentally competent unless
it is proved by a preponderance of the evidence that the defendant
is mentally incompetent. The verdict of the jury shall be unanimous.




1370. (a) (1) (A) If the defendant is found mentally competent, the
criminal process shall resume, the trial on the offense charged
shall proceed, and judgment may be pronounced.
(B) If the defendant is found mentally incompetent, the trial or
judgment shall be suspended until the person becomes mentally
competent.
(i) In the meantime, the court shall order that the mentally
incompetent defendant be delivered by the sheriff to a state hospital
for the care and treatment of the mentally disordered, or to any
other available public or private treatment facility approved by the
community program director that will promote the defendant's speedy
restoration to mental competence, or placed on outpatient status as
specified in Section 1600.
(ii) However, if the action against the defendant who has been
found mentally incompetent is on a complaint charging a felony
offense specified in Section 290, the prosecutor shall determine
whether the defendant previously has been found mentally incompetent
to stand trial pursuant to this chapter on a charge of a Section 290
offense, or whether the defendant is currently the subject of a
pending Section 1368 proceeding arising out of a charge of a Section
290 offense. If either determination is made, the prosecutor shall
so notify the court and defendant in writing. After this
notification, and opportunity for hearing, the court shall order that
the defendant be delivered by the sheriff to a state hospital or
other secure treatment facility for the care and treatment of the
mentally disordered unless the court makes specific findings on the
record that an alternative placement would provide more appropriate
treatment for the defendant and would not pose a danger to the health
and safety of others.
(iii) If the action against the defendant who has been found
mentally incompetent is on a complaint charging a felony offense
specified in Section 290 and the defendant has been denied bail
pursuant to subdivision (b) of Section 12 of Article I of the
California Constitution because the court has found, based upon clear
and convincing evidence, a substantial likelihood that the person's
release would result in great bodily harm to others, the court shall
order that the defendant be delivered by the sheriff to a state
hospital for the care and treatment of the mentally disordered unless
the court makes specific findings on the record that an alternative
placement would provide more appropriate treatment for the defendant
and would not pose a danger to the health and safety of others.
(iv) The clerk of the court shall notify the Department of Justice
in writing of any finding of mental incompetence with respect to a
defendant who is subject to clause (ii) or (iii) for inclusion in his
or her state summary criminal history information.
(C) Upon the filing of a certificate of restoration to competence,
the court shall order that the defendant be returned to court in
accordance with Section 1372. The court shall transmit a copy of its
order to the community program director or a designee.
(D) A defendant charged with a violent felony may not be delivered
to a state hospital or treatment facility pursuant to this
subdivision unless the state hospital or treatment facility has a
secured perimeter or a locked and controlled treatment facility, and
the judge determines that the public safety will be protected.
(E) For purposes of this paragraph, "violent felony" means an
offense specified in subdivision (c) of Section 667.5.
(F) A defendant charged with a violent felony may be placed on
outpatient status, as specified in Section 1600, only if the court
finds that the placement will not pose a danger to the health or
safety of others.
(2) Prior to making the order directing that the defendant be
confined in a state hospital or other treatment facility or placed on
outpatient status, the court shall proceed as follows:
(A) The court shall order the community program director or a
designee to evaluate the defendant and to submit to the court within
15 judicial days of the order a written recommendation as to whether
the defendant should be required to undergo outpatient treatment, or
committed to a state hospital or to any other treatment facility. No
person shall be admitted to a state hospital or other treatment
facility or placed on outpatient status under this section without
having been evaluated by the community program director or a
designee.
(B) The court shall hear and determine whether the defendant,
with advice of his or her counsel, consents to the administration of
antipsychotic medication, and shall proceed as follows:
(i) If the defendant, with advice of his or her counsel, consents,
the court order of commitment shall include confirmation that
antipsychotic medication may be given to the defendant as prescribed
by a treating psychiatrist pursuant to the defendant's consent. The
commitment order shall also indicate that, if the defendant withdraws
consent for antipsychotic medication, after the treating
psychiatrist complies with the provisions of subparagraph (C), the
defendant shall be returned to court for a hearing in accordance with
this subdivision regarding whether antipsychotic medication shall be
administered involuntarily.
(ii) If the defendant does not consent to the administration of
medication, the court shall hear and determine whether any of the
following is true:
(I) The defendant lacks capacity to make decisions regarding
antipsychotic medication, the defendant's mental disorder requires
medical treatment with antipsychotic medication, and, if the
defendant's mental disorder is not treated with antipsychotic
medication, it is probable that serious harm to the physical or
mental health of the patient will result. Probability of serious
harm to the physical or mental health of the defendant requires
evidence that the defendant is presently suffering adverse effects to
his or her physical or mental health, or the defendant has
previously suffered these effects as a result of a mental disorder
and his or her condition is substantially deteriorating. The fact
that a defendant has a diagnosis of a mental disorder does not alone
establish probability of serious harm to the physical or mental
health of the defendant.
(II) The defendant is a danger to others, in that the defendant
has inflicted, attempted to inflict, or made a serious threat of
inflicting substantial physical harm on another while in custody, or
the defendant had inflicted, attempted to inflict, or made a serious
threat of inflicting substantial physical harm on another that
resulted in his or her being taken into custody, and the defendant
presents, as a result of mental disorder or mental defect, a
demonstrated danger of inflicting substantial physical harm on
others. Demonstrated danger may be based on an assessment of the
defendant's present mental condition, including a consideration of
past behavior of the defendant within six years prior to the time the
defendant last attempted to inflict, inflicted, or threatened to
inflict substantial physical harm on another, and other relevant
evidence.
(III) The people have charged the defendant with a serious crime
against the person or property; involuntary administration of
antipsychotic medication is substantially likely to render the
defendant competent to stand trial; the medication is unlikely to
have side effects that interfere with the defendant's ability to
understand the nature of the criminal proceedings or to assist
counsel in the conduct of a defense in a reasonable manner; less
intrusive treatments are unlikely to have substantially the same
results; and antipsychotic medication is in the patient's best
medical interest in light of his or her medical condition.
(iii) If the court finds any of the conditions described in clause
(ii) to be true, the court shall issue an order authorizing the
treatment facility to involuntarily administer antipsychotic
medication to the defendant when and as prescribed by the defendant's
treating psychiatrist. The court shall not order involuntary
administration of psychotropic medication under subclause (III) of
clause (ii) unless the court has first found that the defendant does
not meet the criteria for involuntary administration of psychotropic
medication under subclause (I) of clause (ii) and does not meet the
criteria under subclause (II) of clause (ii).
(iv) In all cases, the treating hospital, facility or program may
administer medically appropriate antipsychotic medication prescribed
by a psychiatrist in an emergency as described in subdivision (m) of
Section 5008 of the Welfare and Institutions Code.
(v) Any report made pursuant to paragraph (1) of subdivision (b)
shall include a description of any antipsychotic medication
administered to the defendant and its effects and side effects,
including effects on the defendant's appearance or behavior that
would affect the defendant's ability to understand the nature of the
criminal proceedings or to assist counsel in the conduct of a defense
in a reasonable manner. During the time the defendant is confined
in a state hospital or other treatment facility or placed on
outpatient status, either the defendant or the people may request
that the court review any order made pursuant to this subdivision.
The defendant, to the same extent enjoyed by other patients in the
state hospital or other treatment facility, shall have the right to
contact the Patients' Rights Advocate regarding his or her rights
under this section.
(C) If the defendant consented to antipsychotic medication as
described in clause (i) of subparagraph (B), but subsequently
withdraws his or her consent, or, if involuntary antipsychotic
medication was not ordered pursuant to clause (ii) of subparagraph
(B), and the treating psychiatrist determines that antipsychotic
medication has become medically necessary and appropriate, the
treating psychiatrist shall make efforts to obtain informed consent
from the defendant for antipsychotic medication. If informed consent
is not obtained from the defendant, and the treating psychiatrist is
of the opinion that the defendant lacks capacity to make decisions
regarding antipsychotic medication as specified in subclause (I) of
clause (ii) of subparagraph (B), or that the defendant is a danger to
others as specified in subclause (II) of clause (ii) of
subparagraph (B), the committing court shall be notified of this,
including an assessment of the current mental status of the defendant
and the opinion of the treating psychiatrist that involuntary
antipsychotic medication has become medically necessary and
appropriate. The court shall provide notice to the prosecuting
attorney and to the attorney representing the defendant and shall set
a hearing to determine whether involuntary antipsychotic medication
should be ordered in the manner described in subparagraph (B).
(3) When the court orders that the defendant be confined in a
state hospital or other public or private treatment facility, the
court shall provide copies of the following documents which shall be
taken with the defendant to the state hospital or other treatment
facility where the defendant is to be confined:
(A) The commitment order, including a specification of the
charges.
(B) A computation or statement setting forth the maximum term of
commitment in accordance with subdivision (c).
(C) A computation or statement setting forth the amount of credit
for time served, if any, to be deducted from the maximum term of
commitment.
(D) State summary criminal history information.
(E) Any arrest reports prepared by the police department or other
law enforcement agency.
(F) Any court-ordered psychiatric examination or evaluation
reports.
(G) The community program director's placement recommendation
report.
(H) Records of any finding of mental incompetence pursuant to this
chapter arising out of a complaint charging a felony offense
specified in Section 290 or any pending Section 1368 proceeding
arising out of a charge of a Section 290 offense.
(4) When the defendant is committed to a treatment facility
pursuant to clause (i) of subparagraph (B) of paragraph (1) or the
court makes the findings specified in clause (ii) or (iii) of
subparagraph (B) of paragraph (1) to assign the defendant to a
treatment facility other than a state hospital or other secure
treatment facility, the court shall order that notice be given to the
appropriate law enforcement agency or agencies having local
jurisdiction at the site of the placement facility of any finding of
mental incompetence pursuant to this chapter arising out of a charge
of a Section 290 offense.
(5) When directing that the defendant be confined in a state
hospital pursuant to this subdivision, the court shall select the
hospital in accordance with the policies established by the State
Department of Mental Health.
(6) (A) If the defendant is committed or transferred to a state
hospital pursuant to this section, the court may, upon receiving the
written recommendation of the medical director of the state hospital
and the community program director that the defendant be transferred
to a public or private treatment facility approved by the community
program director, order the defendant transferred to that facility.
If the defendant is committed or transferred to a public or private
treatment facility approved by the community program director, the
court may, upon receiving the written recommendation of the community
program director, transfer the defendant to a state hospital or to
another public or private treatment facility approved by the
community program director. In the event of dismissal of the
criminal charges before the defendant recovers competence, the person
shall be subject to the applicable provisions of the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of
Division 5 of the Welfare and Institutions Code). Where either the
defendant or the prosecutor chooses to contest either kind of order
of transfer, a petition may be filed in the court for a hearing,
which shall be held if the court determines that sufficient grounds
exist. At the hearing, the prosecuting attorney or the defendant may
present evidence bearing on the order of transfer. The court shall
use the same standards as are used in conducting probation revocation
hearings pursuant to Section 1203.2.
Prior to making an order for transfer under this section, the
court shall notify the defendant, the attorney of record for the
defendant, the prosecuting attorney, and the community program
director or a designee.
(B) If the defendant is initially committed to a state hospital or
secure treatment facility pursuant to clause (ii) or (iii) of
subparagraph (B) of paragraph (1) and is subsequently transferred to
any other facility, copies of the documents specified in paragraph
(3) shall be taken with the defendant to each subsequent facility to
which the defendant is transferred. The transferring facility shall
also notify the appropriate law enforcement agency or agencies having
local jurisdiction at the site of the new facility that the
defendant is a person subject to clause (ii) or (iii) of subparagraph
(B) of paragraph (1).
(b) (1) Within 90 days of a commitment made pursuant to
subdivision (a), the medical director of the state hospital or other
treatment facility to which the defendant is confined shall make a
written report to the court and the community program director for
the county or region of commitment, or a designee, concerning the
defendant's progress toward recovery of mental competence. Where the
defendant is on outpatient status, the outpatient treatment staff
shall make a written report to the community program director
concerning the defendant's progress toward recovery of mental
competence. Within 90 days of placement on outpatient status, the
community program director shall report to the court on this matter.
If the defendant has not recovered mental competence, but the report
discloses a substantial likelihood that the defendant will regain
mental competence in the foreseeable future, the defendant shall
remain in the state hospital or other treatment facility or on
outpatient status. Thereafter, at six-month intervals or until the
defendant becomes mentally competent, where the defendant is confined
in a treatment facility, the medical director of the hospital or
person in charge of the facility shall report in writing to the court
and the community program director or a designee regarding the
defendant's progress toward recovery of mental competence. Where the
defendant is on outpatient status, after the initial 90-day report,
the outpatient treatment staff shall report to the community program
director on the defendant's progress toward recovery, and the
community program director shall report to the court on this matter
at six-month intervals. A copy of these reports shall be provided to
the prosecutor and defense counsel by the court. If the report
indicates that there is no substantial likelihood that the defendant
will regain mental competence in the foreseeable future, the
committing court shall order the defendant to be returned to the
court for proceedings pursuant to paragraph (2) of subdivision (c).
The court shall transmit a copy of its order to the community program
director or a designee.
(2) Any defendant who has been committed or has been on outpatient
status for 18 months and is still hospitalized or on outpatient
status shall be returned to the committing court where a hearing
shall be held pursuant to the procedures set forth in Section 1369.
The court shall transmit a copy of its order to the community program
director or a designee.
(3) If it is determined by the court that no treatment for the
defendant's mental impairment is being conducted, the defendant shall
be returned to the committing court. The court shall transmit a
copy of its order to the community program director or a designee.
(4) At each review by the court specified in this subdivision, the
court shall determine if the security level of housing and treatment
is appropriate and may make an order in accordance with its
determination.
(c) (1) At the end of three years from the date of commitment or a
period of commitment equal to the maximum term of imprisonment
provided by law for the most serious offense charged in the
information, indictment, or misdemeanor complaint, whichever is
shorter, a defendant who has not recovered mental competence shall be
returned to the committing court. The court shall notify the
community program director or a designee of the return and of any
resulting court orders.
(2) Whenever any defendant is returned to the court pursuant to
paragraph (1) or (2) of subdivision (b) or paragraph (1) of this
subdivision and it appears to the court that the defendant is gravely
disabled, as defined in subparagraph (B) of paragraph (1) of
subdivision (h) of Section 5008 of the Welfare and Institutions Code,
the court shall order the conservatorship investigator of the county
of commitment of the defendant to initiate conservatorship
proceedings for the defendant pursuant to Chapter 3 (commencing with
Section 5350) of Part 1 of Division 5 of the Welfare and Institutions
Code. Any hearings required in the conservatorship proceedings
shall be held in the superior court in the county that ordered the
commitment. The court shall transmit a copy of the order directing
initiation of conservatorship proceedings to the community program
director or a designee and shall notify the community program
director or a designee of the outcome of the proceedings.
(3) Where the defendant is confined in a treatment facility, a
copy of any report to the committing court regarding the defendant's
progress toward recovery of mental competence shall be provided by
the committing court to the prosecutor and to the defense counsel.
(d) The criminal action remains subject to dismissal pursuant to
Section 1385. If the criminal action is dismissed, the court shall
transmit a copy of the order of dismissal to the community program
director or a designee.
(e) If the criminal charge against the defendant is dismissed, the
defendant shall be released from any commitment ordered under this
section, but without prejudice to the initiation of any proceedings
that may be appropriate under the Lanterman-Petris-Short Act, Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code.
(f) As used in this chapter, "community program director" means
the person, agency, or entity designated by the State Department of
Mental Health pursuant to Section 1605 of this code and Section 4360
of the Welfare and Institutions Code.
(g) For the purpose of this section, "secure treatment facility"
shall not include, except for state mental hospitals, state
developmental centers, and correctional treatment facilities, any
facility licensed pursuant to Chapter 2 (commencing with Section
1250) of, Chapter 3 (commencing with Section 1500) of, or Chapter 3.2
(commencing with Section 1569) of, Division 2 of the Health and
Safety Code, or any community board and care facility.



1370.01. (a) (1) If the defendant is found mentally competent, the
criminal process shall resume, the trial on the offense charged shall
proceed, and judgment may be pronounced. If the defendant is found
mentally incompetent, the trial or judgment shall be suspended until
the person becomes mentally competent, and the court shall order that
(A) in the meantime, the defendant be delivered by the sheriff to an
available public or private treatment facility approved by the
county mental health director that will promote the defendant's
speedy restoration to mental competence, or placed on outpatient
status as specified in this section, and (B) upon the filing of a
certificate of restoration to competence, the defendant be returned
to court in accordance with Section 1372. The court shall transmit a
copy of its order to the county mental health director or his or her
designee.
(2) Prior to making the order directing that the defendant be
confined in a treatment facility or placed on outpatient status, the
court shall proceed as follows:
(A) The court shall order the county mental health director or his
or her designee to evaluate the defendant and to submit to the court
within 15 judicial days of the order a written recommendation as to
whether the defendant should be required to undergo outpatient
treatment, or committed to a treatment facility. No person shall be
admitted to a treatment facility or placed on outpatient status under
this section without having been evaluated by the county mental
health director or his or her designee. No person shall be admitted
to a state hospital under this section unless the county mental
health director finds that there is no less restrictive appropriate
placement available and the county mental health director has a
contract with the State Department of Mental Health for these
placements.
(B) The court shall hear and determine whether the defendant,
with advice of his or her counsel, consents to the administration of
antipsychotic medication, and shall proceed as follows:
(i) If the defendant, with advice of his or her counsel, consents,
the court order of commitment shall include confirmation that
antipsychotic medication may be given to the defendant as prescribed
by a treating psychiatrist pursuant to the defendant's consent. The
commitment order shall also indicate that, if the defendant withdraws
consent for antipsychotic medication, after the treating
psychiatrist complies with the provisions of subparagraph (C), the
defendant shall be returned to court for a hearing in accordance with
this subdivision regarding whether antipsychotic medication shall be
administered involuntarily.
(ii) If the defendant does not consent to the administration of
medication, the court shall hear and determine whether any of the
following is true:
(I) The defendant lacks capacity to make decisions regarding
antipsychotic medication, the defendant's mental disorder requires
medical treatment with antipsychotic medication, and, if the
defendant's mental disorder is not treated with antipsychotic
medication, it is probable that serious harm to the physical or
mental health of the patient will result. Probability of serious
harm to the physical or mental health of the defendant requires
evidence that the defendant is presently suffering adverse effects to
his or her physical or mental health, or the defendant has
previously suffered these effects as a result of a mental disorder
and his or her condition is substantially deteriorating. The fact
that a defendant has a diagnosis of a mental disorder does not alone
establish probability of serious harm to the physical or mental
health of the defendant.
(II) The defendant is a danger to others, in that the defendant
has inflicted, attempted to inflict, or made a serious threat of
inflicting substantial physical harm on another while in custody, or
the defendant had inflicted, attempted to inflict, or made a serious
threat of inflicting substantial physical harm on another that
resulted in his or her being taken into custody, and the defendant
presents, as a result of mental disorder or mental defect, a
demonstrated danger of inflicting substantial physical harm on
others. Demonstrated danger may be based on an assessment of the
defendant's present mental condition, including a consideration of
past behavior of the defendant within six years prior to the time the
defendant last attempted to inflict, inflicted, or threatened to
inflict substantial physical harm on another, and other relevant
evidence.
(III) The people have charged the defendant with a serious crime
against the person or property; involuntary administration of
antipsychotic medication is substantially likely to render the
defendant competent to stand trial; the medication is unlikely to
have side effects that interfere with the defendant's ability to
understand the nature of the criminal proceedings or to assist
counsel in the conduct of a defense in a reasonable manner; less
intrusive treatments are unlikely to have substantially the same
results; and antipsychotic medication is in the patient's best
medical interest in light of his or her medical condition.
(iii) If the court finds any of the conditions described in clause
(ii) to be true, the court shall issue an order authorizing the
treatment facility to involuntarily administer antipsychotic
medication to the defendant when and as prescribed by the defendant's
treating psychiatrist. The court shall not order involuntary
administration of psychotropic medication under subclause (III) of
clause (ii) unless the court has first found that the defendant does
not meet the criteria for involuntary administration of psychotropic
medication under subclause (I) of clause (ii) and does not meet the
criteria under subclause (II) of clause (ii).
(iv) In all cases, the treating hospital, facility, or program may
administer medically appropriate antipsychotic medication prescribed
by a psychiatrist in an emergency as described in subdivision (m) of
Section 5008 of the Welfare and Institutions Code.
(v) Any report made pursuant to subdivision (b) shall include a
description of any antipsychotic medication administered to the
defendant and its effects and side effects, including effects on the
defendant's appearance or behavior that would affect the defendant's
ability to understand the nature of the criminal proceedings or to
assist counsel in the conduct of a defense in a reasonable manner.
During the time the defendant is confined in a state hospital or
other treatment facility or placed on outpatient status, either the
defendant or the people may request that the court review any order
made pursuant to this subdivision. The defendant, to the same extent
enjoyed by other patients in the state hospital or other treatment
facility, shall have the right to contact the Patients' Rights
Advocate regarding his or her rights under this section.
(C) If the defendant consented to antipsychotic medication as
described in clause (i) of subparagraph (B), but subsequently
withdraws his or her consent, or, if involuntary antipsychotic
medication was not ordered pursuant to clause (ii) of subparagraph
(B), and the treating psychiatrist determines that antipsychotic
medication has become medically necessary and appropriate, the
treating psychiatrist shall make efforts to obtain informed consent
from the defendant for antipsychotic medication. If informed consent
is not obtained from the defendant, and the treating psychiatrist is
of the opinion that the defendant lacks capacity to make decisions
regarding antipsychotic medication as specified in subclause (I) of
clause (ii) of subparagraph (B), or that the defendant is a danger to
others as specified in subclause (II) of clause (ii) of
subparagraph (B), the committing court shall be notified of this,
including an assessment of the current mental status of the defendant
and the opinion of the treating psychiatrist that involuntary
antipsychotic medication has become medically necessary and
appropriate. The court shall provide copies of the report to the
prosecuting attorney and to the attorney representing the defendant
and shall set a hearing to determine whether involuntary
antipsychotic medication should be ordered in the manner described in
subparagraph (B).
(3) When the court, after considering the placement recommendation
of the county mental health director required in paragraph (2),
orders that the defendant be confined in a public or private
treatment facility, the court shall provide copies of the following
documents which shall be taken with the defendant to the treatment
facility where the defendant is to be confined:
(A) The commitment order, including a specification of the
charges.
(B) A computation or statement setting forth the maximum term of
commitment in accordance with subdivision (c).
(C) A computation or statement setting forth the amount of credit
for time served, if any, to be deducted from the maximum term of
commitment.
(D) State summary criminal history information.
(E) Any arrest reports prepared by the police department or other
law enforcement agency.
(F) Any court-ordered psychiatric examination or evaluation
reports.
(G) The county mental health director's placement recommendation
report.
(4) A person subject to commitment under this section may be
placed on outpatient status under the supervision of the county
mental health director or his or her designee by order of the court
in accordance with the procedures contained in Title 15 (commencing
with Section 1600) except that where the term "community program
director" appears the term "county mental health director" shall be
substituted.
(5) If the defendant is committed or transferred to a public or
private treatment facility approved by the county mental health
director, the court may, upon receiving the written recommendation of
the county mental health director, transfer the defendant to another
public or private treatment facility approved by the county mental
health director. In the event of dismissal of the criminal charges
before the defendant recovers competence, the person shall be subject
to the applicable provisions of Part 1 (commencing with Section
5000) of Division 5 of the Welfare and Institutions Code. Where
either the defendant or the prosecutor chooses to contest the order
of transfer, a petition may be filed in the court for a hearing,
which shall be held if the court determines that sufficient grounds
exist. At the hearing, the prosecuting attorney or the defendant may
present evidence bearing on the order of transfer. The court shall
use the same standards as are used in conducting probation revocation
hearings pursuant to Section 1203.2.
Prior to making an order for transfer under this section, the
court shall notify the defendant, the attorney of record for the
defendant, the prosecuting attorney, and the county mental health
director or his or her designee.
(b) Within 90 days of a commitment made pursuant to subdivision
(a), the medical director of the treatment facility to which the
defendant is confined shall make a written report to the court and
the county mental health director or his or her designee, concerning
the defendant's progress toward recovery of mental competence. Where
the defendant is on outpatient status, the outpatient treatment
staff shall make a written report to the county mental health
director concerning the defendant's progress toward recovery of
mental competence. Within 90 days of placement on outpatient status,
the county mental health director shall report to the court on this
matter. If the defendant has not recovered mental competence, but
the report discloses a substantial likelihood that the defendant will
regain mental competence in the foreseeable future, the defendant
shall remain in the treatment facility or on outpatient status.
Thereafter, at six-month intervals or until the defendant becomes
mentally competent, where the defendant is confined in a treatment
facility, the medical director of the hospital or person in charge of
the facility shall report in writing to the court and the county
mental health director or a designee regarding the defendant's
progress toward recovery of mental competence. Where the defendant
is on outpatient status, after the initial 90-day report, the
outpatient treatment staff shall report to the county mental health
director on the defendant's progress toward recovery, and the county
mental health director shall report to the court on this matter at
six-month intervals. A copy of these reports shall be provided to
the prosecutor and defense counsel by the court. If the report
indicates that there is no substantial likelihood that the defendant
will regain mental competence in the foreseeable future, the
committing court shall order the defendant to be returned to the
court for proceedings pursuant to paragraph (2) of subdivision (c).
The court shall transmit a copy of its order to the county mental
health director or his or her designee.
(c) (1) If, at the end of one year from the date of commitment or
a period of commitment equal to the maximum term of imprisonment
provided by law for the most serious offense charged in the
misdemeanor complaint, whichever is shorter, the defendant has not
recovered mental competence, the defendant shall be returned to the
committing court. The court shall notify the county mental health
director or his or her designee of the return and of any resulting
court orders.
(2) Whenever any defendant is returned to the court pursuant to
subdivision (b) or paragraph (1) of this subdivision and it appears
to the court that the defendant is gravely disabled, as defined in
subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008
of the Welfare and Institutions Code, the court shall order the
conservatorship investigator of the county of commitment of the
defendant to initiate conservatorship proceedings for the defendant
pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of
Division 5 of the Welfare and Institutions Code. Any hearings
required in the conservatorship proceedings shall be held in the
superior court in the county that ordered the commitment. The court
shall transmit a copy of the order directing initiation of
conservatorship proceedings to the county mental health director or
his or her designee and shall notify the county mental health
director or his or her designee of the outcome of the proceedings.
(d) The criminal action remains subject to dismissal pursuant to
Section 1385. If the criminal action is dismissed, the court shall
transmit a copy of the order of dismissal to the county mental health
director or his or her designee.
(e) If the criminal charge against the defendant is dismissed, the
defendant shall be released from any commitment ordered under this
section, but without prejudice to the initiation of any proceedings
which may be appropriate under Part 1 (commencing with Section 5000)
of Division 5 of the Welfare and Institutions Code.



1370.1. (a) (1) (A) If the defendant is found mentally competent,
the criminal process shall resume, the trial on the offense charged
shall proceed, and judgment may be pronounced.
(B) If the defendant is found mentally incompetent and is
developmentally disabled, the trial or judgment shall be suspended
until the defendant becomes mentally competent.
(i) Except as provided in clause (ii) or (iii), the court shall
consider a recommendation for placement, which recommendation shall
be made to the court by the director of a regional center or
designee. In the meantime, the court shall order that the mentally
incompetent defendant be delivered by the sheriff or other person
designated by the court to a state hospital or developmental center
for the care and treatment of the developmentally disabled or any
other available residential facility approved by the director of a
regional center for the developmentally disabled established under
Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code as will promote the defendant's speedy attainment
of mental competence, or be placed on outpatient status pursuant to
the provisions of Section 1370.4 and Title 15 (commencing with
Section 1600) of Part 2.
(ii) However, if the action against the defendant who has been
found mentally incompetent is on a complaint charging a felony
offense specified in Section 290, the prosecutor shall determine
whether the defendant previously has been found mentally incompetent
to stand trial pursuant to this chapter on a charge of a Section 290
offense, or whether the defendant is currently the subject of a
pending Section 1368 proceeding arising out of a charge of a Section
290 offense. If either determination is made, the prosecutor shall
so notify the court and defendant in writing. After this
notification, and opportunity for hearing, the court shall order that
the defendant be delivered by the sheriff to a state hospital or
other secure treatment facility for the care and treatment of the
developmentally disabled unless the court makes specific findings on
the record that an alternative placement would provide more
appropriate treatment for the defendant and would not pose a danger
to the health and safety of others.
(iii) If the action against the defendant who has been found
mentally incompetent is on a complaint charging a felony offense
specified in Section 290 and the defendant has been denied bail
pursuant to subdivision (b) of Section 12 of Article I of the
California Constitution because the court has found, based upon clear
and convincing evidence, a substantial likelihood that the person's
release would result in great bodily harm to others, the court shall
order that the defendant be delivered by the sheriff to a state
hospital for the care and treatment of the developmentally disabled
unless the court makes specific findings on the record that an
alternative placement would provide more appropriate treatment for
the defendant and would not pose a danger to the health and safety of
others.
(iv) The clerk of the court shall notify the Department of Justice
in writing of any finding of mental incompetence with respect to a
defendant who is subject to clause (ii) or (iii) for inclusion in his
or her state summary criminal history information.
(C) Upon becoming competent, the court shall order that the
defendant be returned to the committing court pursuant to the
procedures set forth in paragraph (2) of subdivision (a) of Section
1372 or by another person designated by the court. The court shall
further determine conditions under which the person may be absent
from the placement for medical treatment, social visits, and other
similar activities. Required levels of supervision and security for
these activities shall be specified.
(D) The court shall transmit a copy of its order to the regional
center director or designee and to the Director of Developmental
Services.
(E) A defendant charged with a violent felony may not be placed in
a facility or delivered to a state hospital, developmental center,
or residential facility pursuant to this subdivision unless the
facility, state hospital, developmental center, or residential
facility has a secured perimeter or a locked and controlled treatment
facility, and the judge determines that the public safety will be
protected.
(F) For purposes of this paragraph, "violent felony" means an
offense specified in subdivision (c) of Section 667.5.
(G) A defendant charged with a violent felony may be placed on
outpatient status, as specified in Section 1370.4 or 1600, only if
the court finds that the placement will not pose a danger to the
health or safety of others.
(H) As used in this section, "developmental disability" means a
disability that originates before an individual attains age 18,
continues, or can be expected to continue, indefinitely and
constitutes a substantial handicap for the individual, and shall not
include other handicapping conditions that are solely physical in
nature. As defined by the Director of Developmental Services, in
consultation with the Superintendent of Public Instruction, this term
shall include mental retardation, cerebral palsy, epilepsy, and
autism. This term shall also include handicapping conditions found
to be closely related to mental retardation or to require treatment
similar to that required for mentally retarded individuals, but shall
not include other handicapping conditions that are solely physical
in nature.
(2) Prior to making the order directing the defendant be confined
in a state hospital, developmental center, or other residential
facility or be placed on outpatient status, the court shall order the
regional center director or designee to evaluate the defendant and
to submit to the court within 15 judicial days of the order a written
recommendation as to whether the defendant should be committed to a
state hospital or developmental center or to any other available
residential facility approved by the regional center director. No
person shall be admitted to a state hospital, developmental center,
or other residential facility or accepted for outpatient status under
Section 1370.4 without having been evaluated by the regional center
director or designee.
(3) When the court orders that the defendant be confined in a
state hospital or other secure treatment facility pursuant to clause
(ii) or (iii) of subparagraph (B) of paragraph (1), the court shall
provide copies of the following documents which shall be taken with
the defendant to the state hospital or other secure treatment
facility where the defendant is to be confined:
(A) State summary criminal history information.
(B) Any arrest reports prepared by the police department or other
law enforcement agency.
(C) Records of any finding of mental incompetence pursuant to this
chapter arising out of a complaint charging a felony offense
specified in Section 290 or any pending Section 1368 proceeding
arising out of a charge of a Section 290 offense.
(4) When the defendant is committed to a residential facility
pursuant to clause (i) of subparagraph (B) of paragraph (1) or the
court makes the findings specified in clause (ii) or (iii) of
subparagraph (B) of paragraph (1) to assign the defendant to a
facility other than a state hospital or other secure treatment
facility, the court shall order that notice be given to the
appropriate law enforcement agency or agencies having local
jurisdiction at the site of the placement facility of any finding of
mental incompetence pursuant to this chapter arising out of a charge
of a Section 290 offense.
(5) (A) If the defendant is committed or transferred to a state
hospital or developmental center pursuant to this section, the court
may, upon receiving the written recommendation of the executive
director of the state hospital or developmental center and the
regional center director that the defendant be transferred to a
residential facility approved by the regional center director, order
the defendant transferred to that facility. If the defendant is
committed or transferred to a residential facility approved by the
regional center director, the court may, upon receiving the written
recommendation of the regional center director, transfer the
defendant to a state hospital or developmental center or to another
residential facility approved by the regional center director.
In the event of dismissal of the criminal charges before the
defendant recovers competence, the person shall be subject to the
applicable provisions of the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code) or to commitment or detention pursuant to a
petition filed pursuant to Section 6502 of the Welfare and
Institutions Code.
The defendant or prosecuting attorney may contest either kind of
order of transfer by filing a petition with the court for a hearing,
which shall be held if the court determines that sufficient grounds
exist. At the hearing the prosecuting attorney or the defendant may
present evidence bearing on the order of transfer. The court shall
use the same standards as used in conducting probation revocation
hearings pursuant to Section 1203.2.
Prior to making an order for transfer under this section, the
court shall notify the defendant, the attorney of record for the
defendant, the prosecuting attorney, and the regional center director
or designee.
(B) If the defendant is committed to a state hospital or secure
treatment facility pursuant to clause (ii) or (iii) of subparagraph
(B) of paragraph (1) and is subsequently transferred to any other
facility, copies of the documents specified in paragraph (3) shall be
taken with the defendant to the new facility. The transferring
facility shall also notify the appropriate law enforcement agency or
agencies having local jurisdiction at the site of the new facility
that the defendant is a person subject to clause (ii) or (iii) of
subparagraph (B) of paragraph (1).
(b) (1) Within 90 days of admission of a person committed pursuant
to subdivision (a), the executive director or designee of the state
hospital, developmental center, or other facility to which the
defendant is committed or the outpatient supervisor where the
defendant is placed on outpatient status shall make a written report
to the committing court and the regional center director or a
designee concerning the defendant's progress toward becoming mentally
competent. If the defendant has not become mentally competent, but
the report discloses a substantial likelihood the defendant will
become mentally competent within the next 90 days, the court may
order that the defendant shall remain in the state hospital,
developmental center, or other facility or on outpatient status for
that period of time. Within 150 days of an admission made pursuant
to subdivision (a) or if the defendant becomes mentally competent,
the executive director or designee of the hospital or developmental
center or person in charge of the facility or the outpatient
supervisor shall report to the court and the regional center director
or his or her designee regarding the defendant's progress toward
becoming mentally competent. The court shall provide to the
prosecutor and defense counsel copies of all reports under this
section. If the report indicates that there is no substantial
likelihood that the defendant has become mentally competent, the
committing court shall order the defendant to be returned to the
court for proceedings pursuant to paragraph (2) of subdivision (c).
The court shall transmit a copy of its order to the regional center
director or designee and to the executive director of the
developmental center.
(2) Any defendant who has been committed or has been on outpatient
status for 18 months, and is still hospitalized or on outpatient
status shall be returned to the committing court where a hearing
shall be held pursuant to the procedures set forth in Section 1369.
The court shall transmit a copy of its order to the regional center
director or designee and the executive director of the developmental
center.
(3) If it is determined by the court that no treatment for the
defendant's mental impairment is being conducted, the defendant shall
be returned to the committing court. A copy of this order shall be
sent to the regional center director or designee and to the executive
director of the developmental center.
(4) At each review by the court specified in this subdivision, the
court shall determine if the security level of housing and treatment
is appropriate and may make an order in accordance with its
determination.
(c) (1) (A) At the end of three years from the date of commitment
or a period of commitment equal to the maximum term of imprisonment
provided by law for the most serious offense charged in the
information, indictment, or misdemeanor complaint, whichever is
shorter, any defendant who has not become mentally competent shall be
returned to the committing court.
(B) The court shall notify the regional center director or
designee and the executive director of the developmental center of
that return and of any resulting court orders.
(2) In the event of dismissal of the criminal charges before the
defendant becomes mentally competent, the defendant shall be subject
to the applicable provisions of the Lanterman-Petris-Short Act (Part
1 (commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code), or to commitment and detention pursuant to a
petition filed pursuant to Section 6502 of the Welfare and
Institutions Code. If it is found that the person is not subject to
commitment or detention pursuant to the applicable provision of the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of
Division 5 of the Welfare and Institutions Code) or to commitment or
detention pursuant to a petition filed pursuant to Section 6502 of
the Welfare and Institutions Code, the individual shall not be
subject to further confinement pursuant to this article and the
criminal action remains subject to dismissal pursuant to Section
1385. The court shall notify the regional center director and the
executive director of the developmental center of any dismissal.
(d) Notwithstanding any other provision of this section, the
criminal action remains subject to dismissal pursuant to Section
1385. If at any time prior to the maximum period of time allowed for
proceedings under this article, the regional center director
concludes that the behavior of the defendant related to the defendant'
s criminal offense has been eliminated during time spent in
court-ordered programs, the court may, upon recommendation of the
regional center director, dismiss the criminal charges. The court
shall transmit a copy of any order of dismissal to the regional
center director and to the executive director of the developmental
center.
(e) For the purpose of this section, "secure treatment facility"
shall not include, except for state mental hospitals, state
developmental centers, and correctional treatment facilities, any
facility licensed pursuant to Chapter 2 (commencing with Section
1250) of, Chapter 3 (commencing with Section 1500) of, or Chapter 3.2
(commencing with Section 1569) of, Division 2 of the Health and
Safety Code, or any community board and care facility.




1370.2. If a person is adjudged mentally incompetent pursuant to
the provisions of this chapter, the superior court may dismiss any
misdemeanor charge pending against the mentally incompetent person.
Ten days notice shall be given to the district attorney of any motion
to dismiss pursuant to this section. The court shall transmit a
copy of any order dismissing a misdemeanor charge pursuant to this
section to the community program director, the county mental health
director, or the regional center director and the Director of
Developmental Services, as appropriate.



1370.3. A person committed to a state hospital or other treatment
facility under the provisions of this chapter may be placed on
outpatient status from such commitment as provided in Title 15
(commencing with Section 1600) of Part 2.


1370.4. If, in the evaluation ordered by the court under Section
1370.1, the regional center director, or a designee, is of the
opinion that the defendant is not a danger to the health and safety
of others while on outpatient treatment and will benefit from such
treatment, and has obtained the agreement of the person in charge of
a residential facility and of the defendant that the defendant will
receive and submit to outpatient treatment and that the person in
charge of the facility will designate a person to be the outpatient
supervisor of the defendant, the court may order the defendant to
undergo outpatient treatment. All of the provisions of Title 15
(commencing with Section 1600) of Part 2 shall apply where a
defendant is placed on outpatient status under this section, except
that the regional center director shall be substituted for the
community program director, the Director of Developmental Services
for the Director of Mental Health, and a residential facility for a
treatment facility for the purposes of this section.




1370.5. (a) Every person committed to a state hospital or other
public or private mental health facility pursuant to the provisions
of Section 1370, 1370.01, or 1370.1, who escapes from or who escapes
while being conveyed to or from a state hospital or facility, is
punishable by imprisonment in the county jail not to exceed one year
or in the state prison for a determinate term of one year and one
day. The term of imprisonment imposed pursuant to this section shall
be served consecutively to any other sentence or commitment.
(b) The medical director or person in charge of a state hospital
or other public or private mental health facility to which a person
has been committed pursuant to the provisions of Section 1370,
1370.01, or 1370.1 shall promptly notify the chief of police of the
city in which the hospital or facility is located, or the sheriff of
the county if the hospital or facility is located in an
unincorporated area, of the escape of the person, and shall request
the assistance of the chief of police or sheriff in apprehending the
person, and shall within 48 hours of the escape of the person orally
notify the court that made the commitment, the prosecutor in the
case, and the Department of Justice of the escape.



1371. The commitment of the defendant, as described in Section 1370
or 1370.01, exonerates his or her bail, or entitles a person,
authorized to receive the property of the defendant, to a return of
any money he or she may have deposited instead of bail, or gives, to
the person or persons found by the court to have deposited any money
instead of bail on behalf of the defendant, a right to the return of
that money.



1372. (a) (1) If the medical director of the state hospital or
other facility to which the defendant is committed, or the community
program director, county mental health director, or regional center
director providing outpatient services, determines that the defendant
has regained mental competence, the director shall immediately
certify that fact to the court by filing a certificate of restoration
with the court by certified mail, return receipt requested. For
purposes of this section, the date of filing shall be the date on the
return receipt.
(2) The court's order committing an individual to a state hospital
or other treatment facility pursuant to Section 1370 shall include
direction that the sheriff shall redeliver the patient to the court
without any further order from the court upon receiving from the
state hospital or treatment facility a copy of the certificate of
restoration.
(3) The defendant shall be returned to the committing court in the
following manner:
(A) A patient who remains confined in a state hospital or other
treatment facility shall be redelivered to the sheriff of the county
from which the patient was committed. The sheriff shall immediately
return the person from the state hospital or other treatment facility
to the court for further proceedings.
(B) The patient who is on outpatient status shall be returned by
the sheriff to court through arrangements made by the outpatient
treatment supervisor.
(C) In all cases, the patient shall be returned to the committing
court no later than 10 days following the filing of a certificate of
restoration. The state shall only pay for 10 hospital days for
patients following the filing of a certificate of restoration of
competency. The State Department of Mental Health shall report to
the fiscal and appropriate policy committees of the Legislature on an
annual basis in February, on the number of days that exceed the
10-day limit prescribed in this subparagraph. This report shall
include, but not be limited to, a data sheet that itemizes by county
the number of days that exceed this 10-day limit during the preceding
year.
(b) If the defendant becomes mentally competent after a
conservatorship has been established pursuant to the applicable
provisions of the Lanterman-Petris-Short Act, Part 1 (commencing with
Section 5000) of Division 5 of the Welfare and Institutions Code,
and Section 1370, the conservator shall certify that fact to the
sheriff and district attorney of the county in which the defendant's
case is pending, defendant's attorney of record, and the committing
court.
(c) When a defendant is returned to court with a certification
that competence has been regained, the court shall notify either the
community program director, the county mental health director, or the
regional center director and the Director of Developmental Services,
as appropriate, of the date of any hearing on the defendant's
competence and whether or not the defendant was found by the court to
have recovered competence.
(d) If the committing court approves the certificate of
restoration to competence as to a person in custody, the court shall
hold a hearing to determine whether the person is entitled to be
admitted to bail or released on own recognizance status pending
conclusion of the proceedings. If the superior court approves the
certificate of restoration to competence regarding a person on
outpatient status, unless it appears that the person has refused to
come to court, that person shall remain released either on own
recognizance status, or, in the case of a developmentally disabled
person, either on the defendant's promise or on the promise of a
responsible adult to secure the person's appearance in court for
further proceedings. If the person has refused to come to court, the
court shall set bail and may place the person in custody until bail
is posted.
(e) A defendant subject to either subdivision (a) or (b) who is
not admitted to bail or released under subdivision (d) may, at the
discretion of the court, upon recommendation of the director of the
facility where the defendant is receiving treatment, be returned to
the hospital or facility of his or her original commitment or other
appropriate secure facility approved by the community program
director, the county mental health director, or the regional center
director. The recommendation submitted to the court shall be based
on the opinion that the person will need continued treatment in a
hospital or treatment facility in order to maintain competence to
stand trial or that placing the person in a jail environment would
create a substantial risk that the person would again become
incompetent to stand trial before criminal proceedings could be
resumed.
(f) Notwithstanding subdivision (e), if a defendant is returned by
the court to a hospital or other facility for the purpose of
maintaining competency to stand trial and that defendant is already
under civil commitment to that hospital or facility from another
county pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing
with Section 5000) of Division 5 of the Welfare and Institutions
Code) or as a developmentally disabled person committed pursuant to
Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of
Division 6 of the Welfare and Institutions Code, the costs of housing
and treating the defendant in that facility following return
pursuant to subdivision (e) shall be the responsibility of the
original county of civil commitment.



1373. The expense of sending the defendant to the state hospital or
other facility, and of bringing him back, are chargeable to the
county in which the indictment was found or information filed; but
the county may recover them from the estate of the defendant, if he
has any, or from a relative, bound to provide for and maintain him.




1373.5. In every case where a claim is presented to the county for
money due under the provisions of section 1373 of this code, interest
shall be allowed from the date of rejection, if rejected and
recovery is finally had thereon.


1374. When a defendant who has been found incompetent is on
outpatient status under Title 15 (commencing with Section 1600) of
Part 2 and the outpatient treatment staff is of the opinion that the
defendant has recovered competence, the supervisor shall communicate
such opinion to the community program director. If the community
program director concurs, that opinion shall be certified by such
director to the committing court. The court shall calendar the case
for further proceeding pursuant to Section 1372.



1375. Claims by the state for all amounts due from any county by
reason of the provisions of Section 1373 of this code shall be
processed and paid by the county pursuant to the provisions of
Chapter 4 (commencing with Section 29700) of Division 3 of Title 3 of
the Government Code.



1375.5. Time spent by a defendant in a hospital or other facility
as a result of a commitment therein as a mentally incompetent
pursuant to this chapter shall be credited on the term of any
imprisonment, if any, for which the defendant is sentenced in the
criminal case which was suspended pursuant to Section 1370 or 1370.1.

As used in this section, "time spent in a hospital or other
facility" includes days a defendant is treated as an outpatient
pursuant to Title 15 (commencing with Section 1600) of Part 2.



1376. (a) As used in this section, "mentally retarded" means the
condition of significantly subaverage general intellectual
functioning existing concurrently with deficits in adaptive behavior
and manifested before the age of 18.
(b) (1) In any case in which the prosecution seeks the death
penalty, the defendant may, at a reasonable time prior to the
commencement of trial, apply for an order directing that a mental
retardation hearing be conducted. Upon the submission of a
declaration by a qualified expert stating his or her opinion that the
defendant is mentally retarded, the court shall order a hearing to
determine whether the defendant is mentally retarded. At the request
of the defendant, the court shall conduct the hearing without a jury
prior to the commencement of the trial. The defendant's request for
a court hearing prior to trial shall constitute a waiver of a jury
hearing on the issue of mental retardation. If the defendant does
not request a court hearing, the court shall order a jury hearing to
determine if the defendant is mentally retarded. The jury hearing on
mental retardation shall occur at the conclusion of the phase of the
trial in which the jury has found the defendant guilty with a
finding that one or more of the special circumstances enumerated in
Section 190.2 are true. Except as provided in paragraph (3), the
same jury shall make a finding that the defendant is mentally
retarded, or that the defendant is not mentally retarded.
(2) For the purposes of the procedures set forth in this section,
the court or jury shall decide only the question of the defendant's
mental retardation. The defendant shall present evidence in support
of the claim that he or she is mentally retarded. The prosecution
shall present its case regarding the issue of whether the defendant
is mentally retarded. Each party may offer rebuttal evidence. The
court, for good cause in furtherance of justice, may permit either
party to reopen its case to present evidence in support of or
opposition to the claim of retardation. Nothing in this section
shall prohibit the court from making orders reasonably necessary to
ensure the production of evidence sufficient to determine whether or
not the defendant is mentally retarded, including, but not limited
to, the appointment of, and examination of the defendant by,
qualified experts. No statement made by the defendant during an
examination ordered by the court shall be admissible in the trial on
the defendant's guilt.
(3) At the close of evidence, the prosecution shall make its final
argument, and the defendant shall conclude with his or her final
argument. The burden of proof shall be on the defense to prove by a
preponderance of the evidence that the defendant is mentally
retarded. The jury shall return a verdict that either the defendant
is mentally retarded or the defendant is not mentally retarded. The
verdict of the jury shall be unanimous. In any case in which the
jury has been unable to reach a unanimous verdict that the defendant
is mentally retarded, and does not reach a unanimous verdict that the
defendant is not mentally retarded, the court shall dismiss the jury
and order a new jury impaneled to try the issue of mental
retardation. The issue of guilt shall not be tried by the new jury.

(c) In the event the hearing is conducted before the court prior
to the commencement of the trial, the following shall apply:
(1) If the court finds that the defendant is mentally retarded,
the court shall preclude the death penalty and the criminal trial
thereafter shall proceed as in any other case in which a sentence of
death is not sought by the prosecution. If the defendant is found
guilty of murder in the first degree, with a finding that one or more
of the special circumstances enumerated in Section 190.2 are true,
the court shall sentence the defendant to confinement in the state
prison for life without the possibility of parole. The jury shall
not be informed of the prior proceedings or the findings concerning
the defendant's claim of mental retardation.
(2) If the court finds that the defendant is not mentally
retarded, the trial court shall proceed as in any other case in which
a sentence of death is sought by the prosecution. The jury shall
not be informed of the prior proceedings or the findings concerning
the defendant's claim of mental retardation.
(d) In the event the hearing is conducted before the jury after
the defendant is found guilty with a finding that one or more of the
special circumstances enumerated in Section 190.2 are true, the
following shall apply:
(1) If the jury finds that the defendant is mentally retarded, the
court shall preclude the death penalty and shall sentence the
defendant to confinement in the state prison for life without the
possibility of parole.
(2) If the jury finds that the defendant is not mentally retarded,
the trial shall proceed as in any other case in which a sentence of
death is sought by the prosecution.
(e) In any case in which the defendant has not requested a court
hearing as provided in subdivision (b), and has entered a plea of not
guilty by reason of insanity under Sections 190.4 and 1026, the
hearing on mental retardation shall occur at the conclusion of the
sanity trial if the defendant is found sane.

[هيثم الفقى]

1377. When the person injured by an act constituting a misdemeanor
has a remedy by a civil action, the offense may be compromised, as
provided in Section 1378, except when it is committed as follows:
(a) By or upon an officer of justice, while in the execution of
the duties of his or her office.
(b) Riotously.
(c) With an intent to commit a felony.
(d) In violation of any court order as described in Section 273.6
or 273.65.
(e) By or upon any family or household member, or upon any person
when the violation involves any person described in Section 6211 of
the Family Code or subdivision (b) of Section 13700 of this code.
(f) Upon an elder, in violation of Section 368 of this code or
Section 15656 of the Welfare and Institutions Code.
(g) Upon a child, as described in Section 647.6 or 11165.6.



1378. If the person injured appears before the court in which the
action is pending at any time before trial, and acknowledges that he
has received satisfaction for the injury, the court may, in its
discretion, on payment of the costs incurred, order all proceedings
to be stayed upon the prosecution, and the defendant to be discharged
therefrom; but in such case the reasons for the order must be set
forth therein, and entered on the minutes. The order is a bar to
another prosecution for the same offense.



1379. No public offense can be compromised, nor can any proceeding
or prosecution for the punishment thereof upon a compromise be
stayed, except as provided in this Chapter.

[هيثم الفقى]

1381. Whenever a defendant has been convicted, in any court of this
state, of the commission of a felony or misdemeanor and has been
sentenced to and has entered upon a term of imprisonment in a state
prison or has been sentenced to and has entered upon a term of
imprisonment in a county jail for a period of more than 90 days or
has been committed to and placed in a county jail for more than 90
days as a condition of probation or has been committed to and placed
in an institution subject to the jurisdiction of the Department of
the Youth Authority or whenever any person has been committed to the
custody of the Director of Corrections pursuant to Chapter 1
(commencing with Section 3000) of Division 3 of the Welfare and
Institutions Code and has entered upon his or her term of commitment,
and at the time of the entry upon the term of imprisonment or
commitment there is pending, in any court of this state, any other
indictment, information, complaint, or any criminal proceeding
wherein the defendant remains to be sentenced, the district attorney
of the county in which the matters are pending shall bring the
defendant to trial or for sentencing within 90 days after the person
shall have delivered to said district attorney written notice of the
place of his or her imprisonment or commitment and his or her desire
to be brought to trial or for sentencing unless a continuance beyond
the 90 days is requested or consented to by the person, in open
court, and the request or consent entered upon the minutes of the
court in which event the 90-day period shall commence to run anew
from the date to which the consent or request continued the trial or
sentencing. In the event that the defendant is not brought to trial
or for sentencing within the 90 days the court in which the charge or
sentencing is pending shall, on motion or suggestion of the district
attorney, or of the defendant or person confined in the county jail
or committed to the custody of the Director of Corrections or his or
her counsel, or of the Department of Corrections, or of the
Department of the Youth Authority, or on its own motion, dismiss the
action. If a charge is filed against a person during the time the
person is serving a sentence in any state prison or county jail of
this state or while detained by the Director of Corrections pursuant
to Chapter 1 (commencing with Section 3000) of Division 3 of the
Welfare and Institutions Code or while detained in any institution
subject to the jurisdiction of the Department of the Youth Authority
it is hereby made mandatory upon the district attorney of the county
in which the charge is filed to bring it to trial within 90 days
after the person shall have delivered to said district attorney
written notice of the place of his or her imprisonment or commitment
and his or her desire to be brought to trial upon the charge, unless
a continuance is requested or consented to by the person, in open
court, and the request or consent entered upon the minutes of the
court, in which event the 90-day period shall commence to run anew
from the date to which the request or consent continued the trial.
In the event the action is not brought to trial within the 90 days
the court in which the action is pending shall, on motion or
suggestion of the district attorney, or of the defendant or person
committed to the custody of the Director of Corrections or to a
county jail or his or her counsel, or of the Department of
Corrections, or of the Department of the Youth Authority, or on its
own motion, dismiss the charge. The sheriff, custodian, or jailer
shall endorse upon the written notice of the defendant's desire to be
brought to trial or for sentencing the cause of commitment, the date
of commitment, and the date of release.



1381.5. Whenever a defendant has been convicted of a crime and has
entered upon a term of imprisonment therefor in a federal
correctional institution located in this state, and at the time of
entry upon such term of imprisonment or at any time during such term
of imprisonment there is pending in any court of this state any
criminal indictment, information, complaint, or any criminal
proceeding wherein the defendant remains to be sentenced the district
attorney of the county in which such matters are pending, upon
receiving from such defendant a request that he be brought to trial
or for sentencing, shall promptly inquire of the warden or other head
of the federal correctional institution in which such defendant is
confined whether and when such defendant can be released for trial or
for sentencing. If an assent from authorized federal authorities
for release of the defendant for trial or sentencing is received by
the district attorney he shall bring him to trial or sentencing
within 90 days after receipt of such assent, unless the federal
authorities specify a date of release after 90 days, in which event
the district attorney shall bring the prisoner to trial or sentencing
at such specified time, or unless the defendant requests, in open
court, and receives, or, in open court, consents to, a continuance,
in which event he may be brought to trial or sentencing within 90
days from such request or consent.
If a defendant is not brought to trial or for sentencing as
provided by this section, the court in which the action is pending
shall, on motion or suggestion of the district attorney, or
representative of the United States, or the defendant or his counsel,
dismiss the action.



1382. (a) The court, unless good cause to the contrary is shown,
shall order the action to be dismissed in the following cases:
(1) When a person has been held to answer for a public offense and
an information is not filed against that person within 15 days.
(2) In a felony case, when a defendant is not brought to trial
within 60 days of the defendant's arraignment on an indictment or
information, or reinstatement of criminal proceedings pursuant to
Chapter 6 (commencing with Section 1367) of Title 10 of Part 2, or,
in case the cause is to be tried again following a mistrial, an order
granting a new trial from which an appeal is not taken, or an appeal
from the superior court, within 60 days after the mistrial has been
declared, after entry of the order granting the new trial, or after
the filing of the remittitur in the trial court, or after the
issuance of a writ or order which, in effect, grants a new trial,
within 60 days after notice of the writ or order is filed in the
trial court and served upon the prosecuting attorney, or within 90
days after notice of the writ or order is filed in the trial court
and served upon the prosecuting attorney in any case where the
district attorney chooses to resubmit the case for a preliminary
examination after an appeal or the issuance of a writ reversing a
judgment of conviction upon a plea of guilty prior to a preliminary
hearing. However, an action shall not be dismissed under this
paragraph if either of the following circumstances exist:
(A) The defendant enters a general waiver of the 60-day trial
requirement. A general waiver of the 60-day trial requirement
entitles the superior court to set or continue a trial date without
the sanction of dismissal should the case fail to proceed on the date
set for trial. If the defendant, after proper notice to all parties,
later withdraws his or her waiver in the superior court, the
defendant shall be brought to trial within 60 days of the date of
that withdrawal. If a general time waiver is not expressly entered,
subparagraph (B) shall apply.
(B) The defendant requests or consents to the setting of a trial
date beyond the 60-day period. Whenever a case is set for trial
beyond the 60-day period by request or consent, expressed or implied,
of the defendant without a general waiver, the defendant shall be
brought to trial on the date set for trial or within 10 days
thereafter.
Whenever a case is set for trial after a defendant enters either a
general waiver as to the 60-day trial requirement or requests or
consents, expressed or implied, to the setting of a trial date beyond
the 60-day period pursuant to this paragraph, the court may not
grant a motion of the defendant to vacate the date set for trial and
to set an earlier trial date unless all parties are properly noticed
and the court finds good cause for granting that motion.
(3) Regardless of when the complaint is filed, when a defendant in
a misdemeanor or infraction case is not brought to trial within 30
days after he or she is arraigned or enters his or her plea,
whichever occurs later, if the defendant is in custody at the time of
arraignment or plea, whichever occurs later, or in all other cases,
within 45 days after the defendant's arraignment or entry of the
plea, whichever occurs later, or in case the cause is to be tried
again following a mistrial, an order granting a new trial from which
no appeal is taken, or an appeal from a judgment in a misdemeanor or
infraction case, within 30 days after the mistrial has been declared,
after entry of the order granting the new trial, or after the
remittitur is filed in the trial court, or within 30 days after the
date of the reinstatement of criminal proceedings pursuant to Chapter
6 (commencing with Section 1367). However, an action shall not be
dismissed under this subdivision if any of the following
circumstances exist:
(A) The defendant enters a general waiver of the 30-day or 45-day
trial requirement. A general waiver of the 30-day or 45-day trial
requirement entitles the court to set or continue a trial date
without the sanction of dismissal should the case fail to proceed on
the date set for trial. If the defendant, after proper notice to all
parties, later withdraws his or her waiver, the defendant shall be
brought to trial within 30 days of the date of that withdrawal. If a
general time waiver is not expressly entered, subparagraph (B) shall
apply.
(B) The defendant requests or consents to the setting of a trial
date beyond the 30-day or 45-day period. In the absence of an express
general time waiver from the defendant, the court shall set a trial
date. Whenever a case is set for trial beyond the 30-day or 45-day
period by request or consent, expressed or implied, of the defendant
without a general waiver, the defendant shall be brought to trial on
the date set for trial or within 10 days thereafter.
(C) The defendant in a misdemeanor case has been ordered to appear
on a case set for hearing prior to trial, but the defendant fails to
appear on that date and a bench warrant is issued, or the case is
not tried on the date set for trial because of the defendant's
neglect or failure to appear, in which case the defendant shall be
deemed to have been arraigned within the meaning of this subdivision
on the date of his or her subsequent arraignment on a bench warrant
or his or her submission to the court.
(b) Whenever a defendant has been ordered to appear in superior
court on a felony case set for trial or set for a hearing prior to
trial after being held to answer, if the defendant fails to appear on
that date and a bench warrant is issued, the defendant shall be
brought to trial within 60 days after the defendant next appears in
the superior court unless a trial date previously had been set which
is beyond that 60-day period.
(c) If the defendant is not represented by counsel, the defendant
shall not be deemed under this section to have consented to the date
for the defendant's trial unless the court has explained to the
defendant his or her rights under this section and the effect of his
or her consent.



1383. If the defendant is not charged or tried, as provided in
Section 1382, and sufficient reason therefor is shown, the court may
order the action to be continued from time to time, and in the
meantime may discharge the defendant from custody on his or her own
undertaking of bail for his or her appearance to answer the charge at
the time to which the action is continued.



1384. If the judge or magistrate directs the action to be
dismissed, the defendant must, if in custody, be discharged
therefrom; or if admitted to bail, his bail is exonerated, or money
deposited instead of bail must be refunded to him or to the person or
persons found by the court to have deposited said money on behalf of
said defendant.



1385. (a) The judge or magistrate may, either of his or her own
motion or upon the application of the prosecuting attorney, and in
furtherance of justice, order an action to be dismissed. The reasons
for the dismissal must be set forth in an order entered upon the
minutes. No dismissal shall be made for any cause which would be
ground of demurrer to the accusatory pleading.
(b) This section does not authorize a judge to strike any prior
conviction of a serious felony for purposes of enhancement of a
sentence under Section 667.
(c) (1) If the court has the authority pursuant to subdivision (a)
to strike or dismiss an enhancement, the court may instead strike
the additional punishment for that enhancement in the furtherance of
justice in compliance with subdivision (a).
(2) This subdivision does not authorize the court to strike the
additional punishment for any enhancement that cannot be stricken or
dismissed pursuant to subdivision (a).



1385.1. Notwithstanding Section 1385 or any other provision of law,
a judge shall not strike or dismiss any special circumstance which
is admitted by a plea of guilty or nolo contendere or is found by a
jury or court as provided in Sections 190.1 to 190.5, inclusive.



1386. The entry of a nolle prosequi is abolished, and neither the
Attorney General nor the district attorney can discontinue or abandon
a prosecution for a public offense, except as provided in Section
1385.


1387. (a) An order terminating an action pursuant to this chapter,
or Section 859b, 861, 871, or 995, is a bar to any other prosecution
for the same offense if it is a felony or if it is a misdemeanor
charged together with a felony and the action has been previously
terminated pursuant to this chapter, or Section 859b, 861, 871, or
995, or if it is a misdemeanor not charged together with a felony,
except in those felony cases, or those cases where a misdemeanor is
charged with a felony, where subsequent to the dismissal of the
felony or misdemeanor the judge or magistrate finds any of the
following:
(1) That substantial new evidence has been discovered by the
prosecution which would not have been known through the exercise of
due diligence at, or prior to, the time of termination of the action.

(2) That the termination of the action was the result of the
direct intimidation of a material witness, as shown by a
preponderance of the evidence.
(3) That the termination of the action was the result of the
failure to appear by the complaining witness, who had been personally
subpoenaed in a prosecution arising under subdivision (e) of Section
243 or Section 262, 273.5, or 273.6. This paragraph shall apply
only within six months of the original dismissal of the action, and
may be invoked only once in each action. Nothing in this section
shall preclude a defendant from being eligible for diversion.
(b) Notwithstanding subdivision (a), an order terminating an
action pursuant to this chapter is not a bar to another prosecution
for the same offense if it is a misdemeanor charging an offense based
on an act of domestic violence, as defined in subdivisions (a) and
(b) of Section 13700, and the termination of the action was the
result of the failure to appear by the complaining witness, who had
been personally subpoenaed. This subdivision shall apply only within
six months of the original dismissal of the action, and may be
invoked only once in each action. Nothing in this subdivision shall
preclude a defendant from being eligible for diversion.
(c) An order terminating an action is not a bar to prosecution if
a complaint is dismissed before the commencement of a preliminary
hearing in favor of an indictment filed pursuant to Section 944 and
the indictment is based upon the same subject matter as charged in
the dismissed complaint, information, or indictment.
However, if the previous termination was pursuant to Section 859b,
861, 871, or 995, the subsequent order terminating an action is not
a bar to prosecution if:
(1) Good cause is shown why the preliminary examination was not
held within 60 days from the date of arraignment or plea.
(2) The motion pursuant to Section 995 was granted because of any
of the following reasons:
(A) Present insanity of the defendant.
(B) A lack of counsel after the defendant elected to represent
himself or herself rather than being represented by appointed
counsel.
(C) Ineffective assistance of counsel.
(D) Conflict of interest of defense counsel.
(E) Violation of time deadlines based upon unavailability of
defense counsel.
(F) Defendant's motion to withdraw a waiver of the preliminary
examination.
(3) The motion pursuant to Section 995 was granted after dismissal
by the magistrate of the action pursuant to Section 871 and was
recharged pursuant to Section 739.



1387.1. (a) Where an offense is a violent felony, as defined in
Section 667.5 and the prosecution has had two prior dismissals, as
defined in Section 1387, the people shall be permitted one additional
opportunity to refile charges where either of the prior dismissals
under Section 1387 were due solely to excusable neglect. In no case
shall the additional refiling of charges provided under this section
be permitted where the conduct of the prosecution amounted to bad
faith.
(b) As used in this section, "excusable neglect" includes, but is
not limited to, error on the part of the court, prosecution, law
enforcement agency, or witnesses.



1387.2. Upon the express consent of both the people and the
defendant, in lieu of issuing an order terminating an action the
court may proceed on the existing accusatory pleading. For the
purposes of Section 1387, the action shall be deemed as having been
previously terminated. The defendant shall be rearraigned on the
accusatory pleading and a new time period pursuant to Section 859b or
1382 shall commence.



1388. (a) In any case where an order for the dismissal of a felony
action is made, as provided in this chapter, and where the defendant
had been released on his own recognizance for that action, if the
prosecutor files another accusatory pleading against the same
defendant for the same offense, unless the defendant is present in
court at the time of refiling, the district attorney shall send a
letter to the defendant at his last known place of residence, and
shall send a copy to the attorney of record, stating that the case
has been refiled, and setting forth the date, time and place for
rearraignment.
(b) If the defendant fails to appear for arraignment as stated, or
at such time, date, and place as has been subsequently agreed to by
defendant's counsel and the district attorney, then the court shall
issue and have delivered for execution a warrant for his arrest
within 20 days after his failure to appear.
(c) If the defendant was released on his own recognizance on the
original charge, he shall, if he appears as provided in subdivisions
(a) and (b), be released on his own recognizance on the refiled
charge unless it is shown that changed conditions require a different
disposition, in which case bail shall be set at the discretion of
the judge.

[هيثم الفقى]

1389. The agreement on detainers is hereby enacted into law and
entered into by this State with all other jurisdictions legally
joining therein in the form substantially as follows:

The Agreement on Detainers

The contracting states solemnly agree that:

Article I

The party states find that charges outstanding against a prisoner,
detainers based on untried indictments, informations or complaints,
and difficulties in securing speedy trial of persons already
incarcerated in other jurisdictions, produce uncertainties which
obstruct programs of prisoner treatment and rehabilitation.
Accordingly, it is the policy of the party states and the purpose of
this agreement to encourage the expeditious and orderly disposition
of such charges and determination of the proper status of any and all
detainers based on untried indictments, informations or complaints.
The party states also find that proceedings with reference to such
charges and detainers, when emanating from another jurisdiction,
cannot properly be had in the absence of cooperative procedures. It
is the further purpose of this agreement to provide such cooperative
procedures.

Article II

As used in this agreement:
(a) "State" shall mean a state of the United States; the United
States of America; a territory or possession of the United States;
the District of Columbia; the Commonwealth of Puerto Rico.
(b) "Sending state" shall mean a state in which a prisoner is
incarcerated at the time that he initiates a request for final
disposition pursuant to Article III hereof or at the time that a
request for custody or availability is initiated pursuant to Article
IV hereof.
(c) "Receiving state" shall mean the state in which trial is to be
had on an indictment, information or complaint pursuant to Article
III or Article IV hereof.

Article III

(a) Whenever a person has entered upon a term of imprisonment in a
penal or correctional institution of a party state, and whenever
during the continuance of the term of imprisonment there is pending
in any other party state any untried indictment, information or
complaint on the basis of which a detainer has been lodged against
the prisoner, he shall be brought to trial within one hundred eighty
days after he shall have caused to be delivered to the prosecuting
officer and the appropriate court of the prosecuting officer's
jurisdiction written notice of the place of his imprisonment and his
request for a final disposition to be made of the indictment,
information or complaint: provided that for good cause shown in open
court, the prisoner or his counsel being present, the court having
jurisdiction of the matter may grant any necessary or reasonable
continuance. The request of the prisoner shall be accompanied by a
certificate of the appropriate official having custody of the
prisoner, stating the term of commitment under which the prisoner is
being held, the time already served, the time remaining to be served
on the sentence, the amount of good time earned, the time of parole
eligibility of the prisoner, and any decisions of the state parole
agency relating to the prisoner.
(b) The written notice and request for final disposition referred
to in paragraph (a) hereof shall be given or sent by the prisoner to
the warden, commissioner of corrections or other official having
custody of him, who shall promptly forward it together with the
certificate to the appropriate prosecuting official and court by
registered or certified mail, return receipt requested.
(c) The warden, commissioner of corrections or other official
having custody of the prisoner shall promptly inform him of the
source and contents of any detainer lodged against him and shall also
inform him of his right to make a request for final disposition of
the indictment, information or complaint on which the detainer is
based.
(d) Any request for final disposition made by a prisoner pursuant
to paragraph (a) hereof shall operate as a request for final
disposition of all untried indictments, informations or complaints on
the basis of which detainers have been lodged against the prisoner
from the state to whose prosecuting official the request for final
disposition is specifically directed. The warden, commissioner of
corrections or other official having custody of the prisoner shall
forthwith notify all appropriate prosecuting officers and courts in
the several jurisdictions within the state to which the prisoner's
request for final disposition is being sent of the proceeding being
initiated by the prisoner. Any notification sent pursuant to this
paragraph shall be accompanied by copies of the prisoner's written
notice, request, and the certificate. If trial is not had on any
indictment, information or complaint contemplated hereby prior to the
return of the prisoner to the original place of imprisonment, such
indictment, information or complaint shall not be of any further
force or effect, and the court shall enter an order dismissing the
same with prejudice.
(e) Any request for final disposition made by a prisoner pursuant
to paragraph (a) hereof shall also be deemed to be a waiver of
extradition with respect to any charge or proceeding contemplated
thereby or included therein by reason of paragraph (d) hereof, and a
waiver of extradition to the receiving state to serve any sentence
there imposed upon him, after completion of his term of imprisonment
in the sending state. The request for final disposition shall also
constitute a consent by the prisoner to the production of his body in
any court where his presence may be required in order to effectuate
the purposes of this agreement and a further consent voluntarily to
be returned to the original place of imprisonment in accordance with
the provisions of this agreement. Nothing in this paragraph shall
prevent the imposition of a concurrent sentence if otherwise
permitted by law.
(f) Escape from custody by the prisoner subsequent to his
execution of the request for final disposition referred to in
paragraph (a) hereof shall void the request.

Article IV

(a) The appropriate officer of the jurisdiction in which an
untried indictment, information or complaint is pending shall be
entitled to have a prisoner against whom he has lodged a detainer and
who is serving a term of imprisonment in any party state made
available in accordance with Article V (a) hereof upon presentation
of a written request for temporary custody or availability to the
appropriate authorities of the state in which the prisoner is
incarcerated: provided that the court having jurisdiction of such
indictment, information or complaint shall have duly approved,
recorded and transmitted the request: and provided further that
there shall be a period of thirty days after receipt by the
appropriate authorities before the request be honored, within which
period the governor of the sending state may disapprove the request
for temporary custody or availability, either upon his own motion or
upon motion of the prisoner.
(b) Upon receipt of the officer's written request as provided in
paragraph (a) hereof, the appropriate authorities having the prisoner
in custody shall furnish the officer with a certificate stating the
term of commitment under which the prisoner is being held, the time
already served, the time remaining to be served on the sentence, the
amount of good time earned, the time of parole eligibility of the
prisoner, and any decisions of the state parole agency relating to
the prisoner. Said authorities simultaneously shall furnish all
other officers and appropriate courts in the receiving state who have
lodged detainers against the prisoner with similar certificates and
with notices informing them of the request for custody or
availability and of the reasons therefor.
(c) In respect of any proceeding made possible by this Article,
trial shall be commenced within one hundred twenty days of the
arrival of the prisoner in the receiving state, but for good cause
shown in open court, the prisoner or his counsel being present, the
court having jurisdiction of the matter may grant any necessary or
reasonable continuance.
(d) Nothing contained in this Article shall be construed to
deprive any prisoner of any right which he may have to contest the
legality of his delivery as provided in paragraph (a) hereof, but
such delivery may not be opposed or denied on the ground that the
executive authority of the sending state has not affirmatively
consented to or ordered such delivery.
(e) If trial is not had on any indictment, information or
complaint contemplated hereby prior to the prisoner's being returned
to the original place of imprisonment pursuant to Article V(e)
hereof, such indictment, information or complaint shall not be of any
further force or effect, and the court shall enter an order
dismissing the same with prejudice.

Article V

(a) In response to a request made under Article III or Article IV
hereof, the appropriate authority in a sending state shall offer to
deliver temporary custody of such prisoner to the appropriate
authority in the state where such indictment, information or
complaint is pending against such person in order that speedy and
efficient prosecution may be had. If the request for final
disposition is made by the prisoner, the offer of temporary custody
shall accompany the written notice provided for in Article III of
this agreement. In the case of a federal prisoner, the appropriate
authority in the receiving state shall be entitled to temporary
custody as provided by this agreement or to the prisoner's presence
in federal custody at the place for trial, whichever custodial
arrangement may be approved by the custodian.
(b) The officer or other representative of a state accepting an
offer of temporary custody shall present the following upon demand:
(1) Proper identification and evidence of his authority to act for
the state into whose temporary custody the prisoner is to be given.

(2) A duly certified copy of the indictment, information or
complaint on the basis of which the detainer has been lodged and on
the basis of which the request for temporary custody of the prisoner
has been made.
(c) If the appropriate authority shall refuse or fail to accept
temporary custody of said person, or in the event that an action on
the indictment, information or complaint on the basis of which the
detainer has been lodged is not brought to trial within the period
provided in Article III or Article IV hereof, the appropriate court
of the jurisdiction where the indictment, information or complaint
has been pending shall enter an order dismissing the same with
prejudice, and any detainer based thereon shall cease to be of any
force or effect.
(d) The temporary custody referred to in this agreement shall be
only for the purpose of permitting prosecution on the charge or
charges contained in one or more untried indictments, informations or
complaints which form the basis of the detainer or detainers or for
prosecution on any other charge or charges arising out of the same
transaction. Except for his attendance at court and while being
transported to or from any place at which his presence may be
required, the prisoner shall be held in a suitable jail or other
facility regularly used for persons awaiting prosecution.
(e) At the earliest practicable time consonant with the purposes
of this agreement, the prisoner shall be returned to the sending
state.
(f) During the continuance of temporary custody or while the
prisoner is otherwise being made available for trial as required by
this agreement, time being served on the sentence shall continue to
run but good time shall be earned by the prisoner only if, and to the
extent that, the law and practice of the jurisdiction which imposed
the sentence may allow.
(g) For all purposes other than that for which temporary custody
as provided in this agreement is exercised, the prisoner shall be
deemed to remain in the custody of and subject to the jurisdiction of
the sending state and any escape from temporary custody may be dealt
with in the same manner as an escape from the original place of
imprisonment or in any other manner permitted by law.
(h) From the time that a party state receives custody of a
prisoner pursuant to this agreement until such prisoner is returned
to the territory and custody of the sending state, the state in which
the one or more untried indictments, informations or complaints are
pending or in which trial is being had shall be responsible for the
prisoner and shall also pay all costs of transporting, caring for,
keeping and returning the prisoner. The provisions of this paragraph
shall govern unless the states concerned shall have entered into a
supplementary agreement providing for a different allocation of costs
and responsibilities as between or among themselves. Nothing herein
contained shall be construed to alter or affect any internal
relationship among the departments, agencies and officers of and in
the government of a party state, or between a party state and its
subdivisions, as to the payment of costs, or responsibilities
therefor.

Article VI

(a) In determining the duration and expiration dates of the time
periods provided in Articles III and IV of this agreement, the
running of said time periods shall be tolled whenever and for as long
as the prisoner is unable to stand trial, as determined by the court
having jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made available
by this agreement, shall apply to any person who is adjudged to be
mentally ill.

Article VII

Each state party to this agreement shall designate an officer who,
acting jointly with like officers of other party states, shall
promulgate rules and regulations to carry out more effectively the
terms and provisions of this agreement, and who shall provide, within
and without the state, information necessary to the effective
operation of this agreement.

Article VIII

This agreement shall enter into full force and effect as to a
party state when such state has enacted the same into law. A state
party to this agreement may withdraw herefrom by enacting a statute
repealing the same. However, the withdrawal of any state shall not
affect the status of any proceedings already initiated by inmates or
by state officers at the time such withdrawal takes effect, nor shall
it affect their rights in respect thereof.

Article IX

This agreement shall be liberally construed so as to effectuate
its purposes. The provisions of this agreement shall be severable
and if any phrase, clause, sentence or provision of this agreement is
declared to be contrary to the constitution of any party state or of
the United States or the applicability thereof to any government,
agency, person or circumstance is held invalid, the validity of the
remainder of this agreement and the applicability thereof to any
government, agency, person or circumstance shall not be affected
thereby. If this agreement shall be held contrary to the
constitution of any state party hereto, the agreement shall remain in
full force and effect as to the remaining states and in full force
and effect as to the state affected as to all severable matters.



1389.1. The phrase "appropriate court" as used in the agreement on
detainers shall, with reference to the courts of this State, means
the court in which the indictment, information, or complaint is
filed.


1389.2. All courts, departments, agencies, officers, and employees
of this State and its political subdivisions are hereby directed to
enforce the agreement on detainer and to co-operate with one another
and with other states in enforcing the agreement and effectuating its
purpose.


1389.4. Every person who has been imprisoned in a prison or
institution in this State and who escapes while in the custody of an
officer of this or another state in another state pursuant to the
agreement on detainers is deemed to have violated Section 4530 and is
punishable as provided therein.



1389.5. It shall be lawful and mandatory upon the warden or other
official in charge of a penal or correctional institution in this
State to give over the person of any inmate thereof whenever so
required by the operation of the agreement on detainer. Such
official shall inform such inmate of his rights provided in paragraph
(a) of Article IV of the Agreement on Detainers in Section 1389 of
this code.



1389.6. The Administrator, Interstate Probation and Parole
Compacts, shall administer this agreement.



1389.7. When, pursuant to the agreement on detainers or other
provision of law, a person in actual confinement under sentence of
another jurisdiction is brought before a California court and
sentenced by the judge to serve a California sentence concurrently
with the sentence of the other jurisdiction or has been transferred
to another jurisdiction for concurrent service of previously imposed
sentences, the Board of Prison Terms, and the panels and members
thereof, may meet in such other jurisdiction, or enter into
cooperative arrangements with corresponding agencies in the other
jurisdiction, as necessary to carry out the term-fixing and parole
functions.



1389.8. It shall be the responsibility of the agent of the
receiving state to return the prisoner to the sending state upon
completion of the proceedings.

[هيثم الفقى]

1390. Upon the filing of an accusatory pleading against a
corporation, the court shall issue a summons, signed by the judge
with his name of office, requiring the corporation to appear before
him, at a specified time and place, to answer the charge, the time to
be not less than 10 days after the issuing of the summons.




1391. The summons shall be substantially in the following form:

County of (as the case may be).
The people of the State of California to the (naming the
corporation):
You are hereby summoned to appear before me at (naming the place),
on (specifying the day and hour), to answer an accusatory pleading,
for (designating the offense generally).
Dated this ____ day of ____, 19__.
G.H., Judge, (name of the court).



1392. The summons must be served at least five days before the day
of appearance fixed therein, by delivering a copy thereof and showing
the original to the president or other head of the corporation, or
to the secretary, cashier, managing agent, or an agent of the
corporation designated for service of civil process.




1393. At the appointed time in the summons, the magistrate shall
proceed with the charge in the same manner as in other cases.



1396. If an accusatory pleading is filed, the corporation may
appear by counsel to answer the same, except that in the case of
misdemeanors arising from operation of motor vehicles, or of
infractions arising from operation of motor vehicles, a corporation
may appear by its president, vice president, secretary or managing
agent for the purpose of entering a plea of guilty. If it does not
thus appear, a plea of not guilty shall be entered, and the same
proceedings had thereon as in other cases.



1397. When a fine is imposed upon a corporation on conviction, it
may be collected by virtue of the order imposing it in the manner
provided for enforcement of money judgments generally.

[هيثم الفقى]

1401. It is not necessary to entitle an affidavit or deposition in
the action, whether taken before or after indictment or information,
or upon an appeal; but if made without a title, or with an erroneous
title, it is as valid and effectual for every purpose as if it were
duly entitled, if it intelligibly refer to the proceeding,
indictment, information, or appeal in which it is made.

[هيثم الفقى]

1404. Neither a departure from the form or mode prescribed by this
Code in respect to any pleading or proceeding, nor an error or
mistake therein, renders it invalid, unless it has actually
prejudiced the defendant, or tended to his prejudice, in respect to a
substantial right.



1405. (a) A person who was convicted of a felony and is currently
serving a term of imprisonment may make a written motion before the
trial court that entered the judgment of conviction in his or her
case, for performance of forensic deoxyribonucleic acid (DNA)
testing.
(b) (1) An indigent convicted person may request appointment of
counsel to prepare a motion under this section by sending a written
request to the court. The request shall include the person's
statement that he or she was not the perpetrator of the crime and
that DNA testing is relevant to his or her assertion of innocence.
The request also shall include the person's statement as to whether
he or she previously has had counsel appointed under this section.
(2) If any of the information required in paragraph (1) is missing
from the request, the court shall return the request to the
convicted person and advise him or her that the matter cannot be
considered without the missing information.
(3) (A) Upon a finding that the person is indigent, he or she has
included the information required in paragraph (1), and counsel has
not previously been appointed pursuant to this subdivision, the court
shall appoint counsel to investigate and, if appropriate, to file a
motion for DNA testing under this section and to represent the person
solely for the purpose of obtaining DNA testing under this section.

(B) Upon a finding that the person is indigent, and counsel
previously has been appointed pursuant to this subdivision, the court
may, in its discretion, appoint counsel to investigate and, if
appropriate, to file a motion for DNA testing under this section and
to represent the person solely for the purpose of obtaining DNA
testing under this section.
(4) Nothing in this section shall be construed to provide for a
right to the appointment of counsel in a postconviction collateral
proceeding, or to set a precedent for any such right, in any context
other than the representation being provided an indigent convicted
person for the limited purpose of filing and litigating a motion for
DNA testing pursuant to this section.
(c) (1) The motion shall be verified by the convicted person under
penalty of perjury and shall do all of the following:
(A) Explain why the identity of the perpetrator was, or should
have been, a significant issue in the case.
(B) Explain, in light of all the evidence, how the requested DNA
testing would raise a reasonable probability that the convicted
person's verdict or sentence would be more favorable if the results
of DNA testing had been available at the time of conviction.
(C) Make every reasonable attempt to identify both the evidence
that should be tested and the specific type of DNA testing sought.
(D) Reveal the results of any DNA or other biological testing that
was conducted previously by either the prosecution or defense, if
known.
(E) State whether any motion for testing under this section
previously has been filed and the results of that motion, if known.
(2) Notice of the motion shall be served on the Attorney General,
the district attorney in the county of conviction, and, if known, the
governmental agency or laboratory holding the evidence sought to be
tested. Responses, if any, shall be filed within 60 days of the date
on which the Attorney General and the district attorney are served
with the motion, unless a continuance is granted for good cause.
(d) If the court finds evidence was subjected to DNA or other
forensic testing previously by either the prosecution or defense, it
shall order the party at whose request the testing was conducted to
provide all parties and the court with access to the laboratory
reports, underlying data, and laboratory notes prepared in connection
with the DNA or other biological evidence testing.
(e) The court, in its discretion, may order a hearing on the
motion. The motion shall be heard by the judge who conducted the
trial, or accepted the convicted person's plea of guilty or nolo
contendre, unless the presiding judge determines that judge is
unavailable. Upon request of either party, the court may order, in
the interest of justice, that the convicted person be present at the
hearing of the motion.
(f) The court shall grant the motion for DNA testing if it
determines all of the following have been established:
(1) The evidence to be tested is available and in a condition that
would permit the DNA testing requested in the motion.
(2) The evidence to be tested has been subject to a chain of
custody sufficient to establish it has not been substituted, tampered
with, replaced or altered in any material aspect.
(3) The identity of the perpetrator of the crime was, or should
have been, a significant issue in the case.
(4) The convicted person has made a prima facie showing that the
evidence sought to be tested is material to the issue of the
convicted person's identity as the perpetrator of, or accomplice to,
the crime, special circumstance, or enhancement allegation that
resulted in the conviction or sentence.
(5) The requested DNA testing results would raise a reasonable
probability that, in light of all the evidence, the convicted person'
s verdict or sentence would have been more favorable if the results
of DNA testing had been available at the time of conviction. The
court in its discretion may consider any evidence whether or not it
was introduced at trial.
(6) The evidence sought to be tested meets either of the following
conditions:
(A) The evidence was not tested previously.
(B) The evidence was tested previously, but the requested DNA test
would provide results that are reasonably more discriminating and
probative of the identity of the perpetrator or accomplice or have a
reasonable probability of contradicting prior test results.
(7) The testing requested employs a method generally accepted
within the relevant scientific community.
(8) The motion is not made solely for the purpose of delay.
(g) (1) If the court grants the motion for DNA testing, the court
order shall identify the specific evidence to be tested and the DNA
technology to be used.
(2) The testing shall be conducted by a laboratory mutually agreed
upon by the district attorney in a noncapital case, or the Attorney
General in a capital case, and the person filing the motion. If the
parties cannot agree, the court shall designate the laboratory to
conduct the testing and shall consider designating a laboratory
accredited by the American Society of Crime Laboratory Directors
Laboratory Accreditation Board (ASCLD/LAB).
(h) The result of any testing ordered under this section shall be
fully disclosed to the person filing the motion, the district
attorney, and the Attorney General. If requested by any party, the
court shall order production of the underlying laboratory data and
notes.
(i) (1) The cost of DNA testing ordered under this section shall
be borne by the state or the applicant, as the court may order in the
interests of justice, if it is shown that the applicant is not
indigent and possesses the ability to pay. However, the cost of any
additional testing to be conducted by the district attorney or
Attorney General shall not be borne by the convicted person.
(2) In order to pay the state's share of any testing costs, the
laboratory designated in subdivision (g) shall present its bill for
services to the superior court for approval and payment. It is the
intent of the Legislature to appropriate funds for this purpose in
the 2000-01 Budget Act.
(j) An order granting or denying a motion for DNA testing under
this section shall not be appealable, and shall be subject to review
only through petition for writ of mandate or prohibition filed by the
person seeking DNA testing, the district attorney, or the Attorney
General. The petition shall be filed within 20 days after the court'
s order granting or denying the motion for DNA testing. In a
noncapital case, the petition for writ of mandate or prohibition
shall be filed in the court of appeal. In a capital case, the
petition shall be filed in the California Supreme Court. The court
of appeal or California Supreme Court shall expedite its review of a
petition for writ of mandate or prohibition filed under this
subdivision.
(k) DNA testing ordered by the court pursuant to this section
shall be done as soon as practicable. However, if the court finds
that a miscarriage of justice will otherwise occur and that it is
necessary in the interests of justice to give priority to the DNA
testing, a DNA laboratory shall be required to give priority to the
DNA testing ordered pursuant to this section over the laboratory's
other pending casework.
(l) DNA profile information from biological samples taken from a
convicted person pursuant to a motion for postconviction DNA testing
is exempt from any law requiring disclosure of information to the
public.
(m) Notwithstanding any other provision of law, the right to file
a motion for postconviction DNA testing provided by this section is
absolute and shall not be waived. This prohibition applies to, but is
not limited to, a waiver that is given as part of an agreement
resulting in a plea of guilty or nolo contendre.
(n) The provisions of this section are severable. If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.

[هيثم الفقى]

1407. When property, alleged to have been stolen or embezzled,
comes into the custody of a peace officer, he shall hold it subject
to the provisions of this chapter relating to the disposal thereof.



1408. On the application of the owner and on satisfactory proof of
his ownership of the property, after reasonable notice and
opportunity to be heard has been given to the person from whom
custody of the property was taken and any other person as required by
the magistrate, the magistrate before whom the complaint is laid, or
who examines the charge against the person accused of stealing or
embezzling it, shall order it to be delivered, without prejudice to
the state, to the owner, on his paying the necessary expenses
incurred in its preservation, to be certified by the magistrate. The
order entitles the owner to demand and receive the property.




1409. If property stolen or embezzled comes into the custody of the
magistrate, it shall be delivered, without prejudice to the state,
to the owner upon his application to the court and on satisfactory
proof of his title, after reasonable notice and opportunity to be
heard has been given to the person from whom custody of the property
was taken and any other person as required by the magistrate, and on
his paying the necessary expenses incurred in its preservation, to be
certified by the magistrate.



1410. If the property stolen or embezzled has not been delivered to
the owner, the court before which a trial is had for stealing or
embezzling it, upon the application of the owner to the court and on
proof of his title, after reasonable notice and opportunity to be
heard has been given to the person from whom custody of the property
was taken and any other person as required by the court, may order it
to be restored to the owner without prejudice to the state.



1411. If the ownership of the property stolen or embezzled and the
address of the owner, and the address of the owner of a security
interest therein, can be reasonably ascertained, the peace officer
who took custody of the property shall notify the owner, and a person
having a security interest therein, by letter of the location of the
property and the method by which the owner may obtain it. This
notice shall be given upon the conviction of a person for an offense
involving the theft, embezzlement, or possession of the property, or
if a conviction was not obtained, upon the making of a decision by
the district attorney not to file the case or upon the termination of
the proceedings in the case. Except as provided in Section 217 of
the Welfare and Institutions Code, if the property stolen or
embezzled is not claimed by the owner before the expiration of three
months after the giving of this notice, or, in any case in which such
a notice is not given, before the expiration of six months from the
conviction of a person for an offense involving the theft,
embezzlement, or possession of the property, or if a conviction was
not obtained, then from the time the property came into the
possession of the peace officer or the case involving the person from
whom it was obtained is disposed of, whichever is later, the
magistrate or other officer having it in custody may, on the payment
of the necessary expenses incurred in its preservation, deliver it to
the county treasurer or other proper county officer, by whom it
shall be sold and the proceeds paid into the county treasury.
However, notwithstanding any other provision of law, if the person
from whom custody of the property was taken is a secondhand dealer or
licensed pawnbroker and reasonable but unsuccessful efforts have
been made to notify the owner of the property and the property is no
longer needed for the criminal proceeding, the property shall be
returned to the secondhand dealer or pawnbroker who had custody of
the property and be treated as regularly acquired property. If the
property is transferred to the county purchasing agent it may be sold
in the manner provided by Article 7 (commencing with Section 25500)
of Chapter 5 of Part 2 of Division 2 of Title 3 of the Government
Code for the sale of surplus personal property. If the county
officer determines that any of the property transferred to him or her
for sale is needed for a public use, the property may be retained by
the county and need not be sold. The magistrate or other officer
having the property in custody may, however, provide for the sale of
the property in the manner provided for the sale of unclaimed
property which has been held for at least three months pursuant to
Section 2080.4 of the Civil Code.



1412. When money or other property is taken from a defendant,
arrested upon a charge of a public offense, the officer taking it
must at the time give duplicate receipts therefor, specifying
particularly the amount of money or the kind of property taken; one
of which receipts he must deliver to the defendant and the other of
which he must forthwith file with the Clerk of the Court to which the
depositions and statement are to be sent. When such property is
taken by a police officer of any incorporated city or town, he must
deliver one of the receipts to the defendant, and one, with the
property, at once to the Clerk or other person in charge of the
police office in such city or town.



1413. (a) The clerk or person having charge of the property section
for any police department in any incorporated city or town, or for
any sheriff's department in any county, shall enter in a suitable
book a description of every article of property alleged to be stolen
or embezzled, and brought into the office or taken from the person of
a prisoner, and shall attach a number to each article, and make a
corresponding entry thereof. He may engrave or imbed an
identification number in property described in Section 537e for the
purposes thereof.
(b) The clerk or person in charge of the property section may,
upon satisfactory proof of the ownership of property held pursuant to
Section 1407, and upon presentation of proper personal
identification, deliver it to the owner. Such delivery shall be
without prejudice to the state or to the person from whom custody of
the property was taken or to any other person who may have a claim
against the property. Prior to such delivery such clerk or person in
charge of the property section shall make and retain a complete
photographic record of such property. The person to whom property is
delivered shall sign, under penalty of perjury, a declaration of
ownership, which shall be retained by the clerk or person in charge
of the property section. This subdivision shall not apply to any
property subject to forfeiture under any provision of law. This
subdivision shall not apply unless the clerk or person in charge of
the property section has served upon the person from whom custody of
the property was taken a notice of a claim of ownership and a copy of
the satisfactory proof of ownership tendered and has allowed such
person reasonable opportunity to be heard as to why the property
should not be delivered to the person claiming ownership.
If the person upon whom a notice of claim and proof of ownership
has been served does not respond asserting a claim to the property
within 15 days from the date of receipt of the service, the property
may be disposed of in a manner not inconsistent with the provisions
of this section.
(c) The magistrate before whom the complaint is laid, or who
examines the charge against the person accused of stealing or
embezzling the property, or the court before which a trial is had for
stealing or embezzling it, shall upon application by the person from
whom custody of the property was taken, review the determination of
the clerk or person in charge of the property section, and may order
the property taken into the custody of the court upon a finding that
the person to whom the property was delivered is not entitled
thereto. Such court shall make its determination in the same manner
as a determination is made when the matter is before the court
pursuant to Sections 1408 to 1410, inclusive.
(d) The clerk or person in charge of the property section is not
liable in damages for any official action performed hereunder in good
faith.

[هيثم الفقى]

1417. All exhibits which have been introduced or filed in any
criminal action or proceeding shall be retained by the clerk of the
court who shall establish a procedure to account for the exhibits
properly, subject to Sections 1417.2 and 1417.3 until final
determination of the action or proceedings and the exhibits shall
thereafter be distributed or disposed of as provided in this chapter.



1417.1. No order shall be made for the destruction of an exhibit
prior to the final determination of the action or proceeding. For
the purposes of this chapter, the date when a criminal action or
proceeding becomes final is as follows:
(a) When no notice of appeal is filed, 30 days after the last day
for filing that notice.
(b) When a notice of appeal is filed, 30 days after the date the
clerk of the court receives the remittitur affirming the judgment.
(c) When an order for a rehearing, a new trial, or other
proceeding is granted and the ordered proceedings have not been
commenced within one year thereafter, one year after the date of that
order.
(d) In cases where the death penalty is imposed, 30 days after the
date of execution of sentence.



1417.2. Notwithstanding Section 1417.5, the court may, on
application of the party entitled thereto or an agent designated in
writing by the owner, order an exhibit delivered to that party at any
time prior to the final determination of the action or proceeding,
upon stipulation of the parties or upon notice and motion if both of
the following requirements are met:
(a) No prejudice will be suffered by either party.
(b) A full and complete photographic record is made of the
exhibits so released.
The party to whom the exhibit is being returned shall provide the
photographic record. This section shall not apply to any material,
the release of which is prohibited by Section 1417.6.



1417.3. (a) At any time prior to the final determination of the
action or proceeding, exhibits offered by the state or defendant
shall be returned to the party offering them by order of the court
when an exhibit poses a security, storage, or safety problem, as
recommended by the clerk of the court. If an exhibit by its nature
is severable the court shall order the clerk to retain a portion of
the exhibit not exceeding three pounds by weight or one cubic foot by
volume and shall order the return of the balance of the exhibit to
the district attorney. The clerk, upon court order, shall substitute
a full and complete photographic record of any exhibit or part of
any exhibit returned to the state under this section. The party to
whom the exhibit is being returned shall provide the photographic
record.
(b) Exhibits toxic by their nature that pose a health hazard to
humans shall be introduced to the court in the form of a photographic
record and a written chemical analysis certified by competent
authority. Where the court finds that good cause exists to depart
from this procedure, toxic exhibits may be brought into the courtroom
and introduced. However, following introduction of the exhibit, the
person or persons previously in possession of the exhibit shall take
responsibility for it and the court shall not be required to store
the exhibit.



1417.5. Except as provided in Section 1417.6, 60 days after the
final determination of a criminal action or proceeding, the clerk of
the court shall dispose of all exhibits introduced or filed in the
case and remaining in the clerk's possession, as follows:
(a) If the name and address of the person from whom the exhibit
was taken is contained in the court record, the clerk shall notify
the person that he or she may make application to the court for
release of the exhibits within 15 days of receipt of the
notification.
(b) The court shall order the release of exhibits free of charge,
without prejudice to the state, upon application, to the following:
(1) First, the person from whom the exhibits were taken into
custody, provided that the person was in lawful possession of the
exhibits.
(2) Second, a person establishing title to, or a right to
possession of, the exhibits.
(c) If the party entitled to an exhibit fails to apply for the
return of the exhibit prior to the date for disposition under this
section, the following procedures shall apply:
(1) Exhibits of stolen or embezzled property other than money
shall be disposed of pursuant to court order as provided in Section
1417.6.
(2) Exhibits of property other than property which is stolen or
embezzled or property which consists of money or currency shall,
except as otherwise provided in this paragraph and in paragraph (3),
be transferred to the appropriate county agency for sale to the
public in the same manner provided by Article 7 (commencing with
Section 25500) of Chapter 5 of Part 2 of Division 2 of Title 3 of the
Government Code for the sale of surplus personal property. If the
county determines that any property is needed for a public use, the
property may be retained by the county and need not be sold.
(3) Exhibits of property, other than money, currency, or stolen or
embezzled property, that are determined by the court to have no
value at public sale shall be destroyed or otherwise disposed of
pursuant to court order.
(4) Exhibits of money or currency shall be disposed of pursuant to
Section 1420.


1417.6. (a) The provisions of Section 1417.5 shall not apply to any
dangerous or deadly weapons, narcotic or poisonous drugs,
explosives, or any property of any kind or character whatsoever the
possession of which is prohibited by law and that was used by a
defendant in the commission of the crime of which the defendant was
convicted, or with which the defendant was armed or that the
defendant had upon his or her person at the time of the defendant's
arrest.
Any of this property introduced or filed as an exhibit shall be,
by order of the trial court, destroyed or otherwise disposed of under
the conditions provided in the order no sooner than 60 days
following the final determination of the criminal action or
proceeding.
(b) (1) Every person who knowingly has in his or her possession
any tool or device that is seized and of a type used in the
commission of a violation of Section 10801, 10802, or 10803 of the
Vehicle Code, shall be subject to having the tool or device intended
for the above purpose deemed a nuisance as provided in paragraph (2).

(2) An evidentiary hearing shall be held only upon conviction of
the defendant for a violation of Section 10801, 10802, or 10803 of
the Vehicle Code and after 15 days' notice is given to the defendant
of the state's intent to declare as a nuisance any property that is
described in paragraph (1). All relevant evidence shall be
admissible at the hearing and the state shall prove by a
preponderance of the evidence that the property seized is of a type
used in facilitating the commission of the crime of which the
defendant was convicted.
(3) If a person purports to be the lawful owner of any tool or
device the state seeks to be declared a nuisance, the person shall
show proof by a preponderance of the evidence at the hearing pursuant
to paragraph (2), that he or she owns the tool or device, and the
illegal use of the tool or device was without his or her knowledge or
consent.
(4) Following a determination that the property shall be declared
a nuisance, the property shall be disposed of as provided in
paragraph (2) or (3) of subdivision (b) of Section 1417.5.



1417.7. Not less than 15 days before any proposed disposition of an
exhibit pursuant to Section 1417.3, 1417.5, or 1417.6, the court
shall notify the district attorney (or other prosecuting attorney),
the attorney of record for each party, and each party who is not
represented by counsel of the proposed disposition. Before the
disposition, any party, at his or her own expense, may cause to be
prepared a photographic record of all or part of the exhibit by a
person who is not a party or attorney of a party. The clerk of the
court shall observe the taking of the photographic record and, upon
receipt of a declaration of the person making the photographic record
that the copy and negative of the photograph delivered to the clerk
is a true, unaltered, and unretouched print of the photographic
record taken in the presence of the clerk, the clerk shall certify
the photographic record as such without charge and retain it
unaltered for a period of 60 days following the final determination
of the criminal action or proceeding. A certified photographic
record of exhibits shall not be deemed inadmissible pursuant to
Section 1521 or 1522 of the Evidence Code.



1417.8. (a) Notwithstanding any other provision of this chapter,
the court shall direct that any photograph of any minor that has been
found by the court to be harmful matter, as defined in Section 313,
and introduced or filed as an exhibit in any criminal proceeding
specified in subdivision (b) be handled as follows:
(1) Prior to the final determination of the action or proceeding,
the photograph shall be available only to the parties or to a person
named in a court order to receive the photograph.
(2) After the final determination of the action or proceeding, the
photograph shall be preserved with the permanent record maintained
by the clerk of the court. The photograph may be disposed of or
destroyed after preservation through any appropriate photographic or
electronic medium. If the photograph is disposed of, it shall be
rendered unidentifiable before the disposal. No person shall have
access to the photograph unless that person has been named in a court
order to receive the photograph. Any copy, negative, reprint, or
other duplication of the photograph in the possession of the state, a
state agency, the defendant, or an agent of the defendant, shall be
delivered to the clerk of the court for disposal whether or not the
defendant was convicted of the offense.
(b) The procedure provided by subdivision (a) shall apply to
actions listed under subparagraph (A) of paragraph (2) of subdivision
(a) of Section 290, and to actions under the following provisions:
(1) Section 261.5.
(2) Section 272.
(3) Chapter 7.5 (commencing with Section 311) of Title 9 of Part
1.
(4) Chapter 7.6 (commencing with Section 313) of Title 9 of Part
1.
(c) For the purposes of this section, "photograph" means any
photographic image contained in a digital format or on any chemical,
mechanical, magnetic, or electronic medium.



1417.9. (a) Notwithstanding any other provision of law and subject
to subdivision (b), the appropriate governmental entity shall retain
all biological material that is secured in connection with a criminal
case for the period of time that any person remains incarcerated in
connection with that case. The governmental entity shall have the
discretion to determine how the evidence is retained pursuant to this
section, provided that the evidence is retained in a condition
suitable for deoxyribonucleic acid (DNA) testing.
(b) A governmental entity may dispose of biological material
before the expiration of the period of time described in subdivision
(a) if all of the conditions set forth below are met:
(1) The governmental entity notifies all of the following persons
of the provisions of this section and of the intention of the
governmental entity to dispose of the material: any person, who as a
result of a felony conviction in the case is currently serving a
term of imprisonment and who remains incarcerated in connection with
the case, any counsel of record, the public defender in the county of
conviction, the district attorney in the county of conviction, and
the Attorney General.
(2) The notifying entity does not receive, within 90 days of
sending the notification, any of the following:
(A) A motion filed pursuant to Section 1405. However, upon filing
of that motion, the governmental entity shall retain the material
only until the time that the court's denial of the motion is final.
(B) A request under penalty of perjury that the material not be
destroyed or disposed of because the declarant will file within 180
days a motion for DNA testing pursuant to Section 1405 that is
followed within 180 days by a motion for DNA testing pursuant to
Section 1405, unless a request for an extension is requested by the
convicted person and agreed to by the governmental entity in
possession of the evidence.
(C) A declaration of innocence under penalty of perjury that has
been filed with the court within 180 days of the judgment of
conviction or July 1, 2001, whichever is later. However, the court
shall permit the destruction of the evidence upon a showing that the
declaration is false or there is no issue of identity that would be
affected by additional testing. The convicted person may be
cross-examined on the declaration at any hearing conducted under this
section or on an application by or on behalf of the convicted person
filed pursuant to Section 1405.
(3) No other provision of law requires that biological evidence be
preserved or retained.
(c) Notwithstanding any other provision of law, the right to
receive notice pursuant to this section is absolute and shall not be
waived. This prohibition applies to, but is not limited to, a waiver
that is given as part of an agreement resulting in a plea of guilty
or nolo contendre.

[هيثم الفقى]

DISPOSITION OF UNCLAIMED MONEY HELD BY DISTRICT
ATTORNEY OR COURT CLERK
1420. All money received by a district attorney or clerk of the
court in any criminal action or proceeding, the owner or owners of
which are unknown, and which remains unclaimed in the possession of
the district attorney or clerk of the court after final judgment in
the criminal action or proceeding, shall be deposited with the county
treasurer. Upon the expiration of two years after the deposit, the
county treasurer shall cause a notice pursuant to Section 1421 to be
published in the county once a week for two successive weeks in a
newspaper of general circulation published in the county.



1421. The notice shall state the amount of money, the criminal
action or proceeding in which the money was received by the district
attorney or clerk of the court, the fund in which it is held and that
it is proposed that the money will become the property of the county
on a designated date not less than 45 days nor more than 60 days
after the first publication of the notice.



1422. Unless some person files a verified complaint seeking to
recover all, or a designated part, of the money in a court of
competent jurisdiction within the county in which the notice is
published, and serves a copy of the complaint and the summons issued
thereon upon the county treasurer before the date designated in the
notice, upon that date the money becomes the property of the county
and shall be transferred by the treasurer to the general fund.

[هيثم الفقى]

1424. (a) (1) Notice of a motion to disqualify a district attorney
from performing an authorized duty shall be served on the district
attorney and the Attorney General at least 10 court days before the
motion is heard. The notice of motion shall contain a statement of
the facts setting forth the grounds for the claimed disqualification
and the legal authorities relied upon by the moving party and shall
be supported by affidavits of witnesses who are competent to testify
to the facts set forth in the affidavit. The district attorney or
the Attorney General, or both, may file affidavits in opposition to
the motion and may appear at the hearing on the motion and may file
with the court hearing the motion a written opinion on the
disqualification issue. The judge shall review the affidavits and
determine whether or not an evidentiary hearing is necessary. The
motion may not be granted unless the evidence shows that a conflict
of interest exists that would render it unlikely that the defendant
would receive a fair trial. An order recusing the district attorney
from any proceeding may be reviewed by extraordinary writ or may be
appealed by the district attorney or the Attorney General. The order
recusing the district attorney shall be stayed pending any review
authorized by this section. If the motion is brought at or before
the preliminary hearing, it may not be renewed in the trial court on
the basis of facts that were raised or could have been raised at the
time of the original motion.
(2) An appeal from an order of recusal or from a case involving a
charge punishable as a felony shall be made pursuant to Chapter 1
(commencing with Section 1235) of Title 9, regardless of the court in
which the order is made. An appeal from an order of recusal in a
misdemeanor case shall be made pursuant to Chapter 2 (commencing with
Section 1466) of Title 11, regardless of the court in which the
order is made.
(b) (1) Notice of a motion to disqualify a city attorney from
performing an authorized duty involving a criminal matter shall be
served on the city attorney and the district attorney at least 10
court days before the motion is heard. The notice of motion shall
set forth a statement of the facts relevant to the claimed
disqualification and the legal authorities relied on by the moving
party. The district attorney may appear at the hearing on the motion
and may file with the court hearing the motion a written opinion on
the disqualification issue. The motion may not be granted unless the
evidence shows that a conflict of interest exists that would render
it unlikely that the defendant would receive a fair trial.
(2) An order recusing the city attorney from a proceeding may be
appealed by the city attorney or the district attorney. The order
recusing the city attorney shall be stayed pending an appeal
authorized by this section. An appeal from an order of
disqualification in a misdemeanor case shall be made pursuant to
Chapter 2 (commencing with Section 1466) of Title 11.
(c) Motions to disqualify the city attorney and the district
attorney shall be separately made.

[هيثم الفقى]

PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND
APPEALS FROM SUCH CASES
PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES
1427. (a) When a complaint is presented to a judge in a misdemeanor
or infraction case appearing to be triable in the judge's court, the
judge must, if satisfied therefrom that the offense complained of
has been committed and that there is reasonable ground to believe
that the defendant has committed it, issue a warrant, for the arrest
of the defendant.
(b) Such warrant of arrest and proceedings upon it shall be in
conformity to the provisions of this code regarding warrants of
arrest, and it may be in the following form:
County of ____
The people of the State of California, to any peace officer in
this state:
Complaint upon oath having been this day made before me that the
offense of ____ (designating it generally) has been committed and
accusing ____ (name of defendant) thereof you are therefore commanded
forthwith to arrest the above-named defendant and bring the
defendant forthwith before the ____ Court of ____ (stating full title
of court) at ____ (naming place).
Witness my hand and the seal of said court this ____ day of ____,
19__.


(Signed). ___________________________________
Judge of said court

If it appears that the offense complained of has been committed by
a corporation, no warrant of arrest shall issue, but the judge must
issue a summons substantially in the form prescribed in Section 1391.
Such summons must be served at the time and in the manner
designated in Section 1392 except that if the offense complained of
is a violation of the Vehicle Code or a local ordinance adopted
pursuant to the Vehicle Code, such summons may be served by deposit
by the clerk of the court in the United States mail of an envelope
enclosing the summons, which envelope shall be addressed to a person
authorized to accept service of legal process on behalf of the
defendant, and which envelope shall be mailed by registered mail or
certified mail with a return receipt requested. Promptly upon such
mailing, the clerk of the court shall execute a certificate of such
mailing and place it in the file of the court for that case. At the
time stated in the summons the corporation may appear by counsel and
answer the complaint, except that in the case of misdemeanors arising
from operation of motor vehicles, or of infractions arising from
operation of motor vehicles, a corporation may appear by its
president, vice president, secretary or managing agent for the
purpose of entering a plea of guilty. If it does not appear, a plea
of not guilty shall be entered, and the same proceedings had therein
as in other cases.


1428. In misdemeanor and infraction cases, the clerk of the
superior court may keep a docket, instead of minutes pursuant to
Section 69844 of the Government Code and a register of actions
pursuant to Section 69845 or 69845.5 of the Government Code. In the
docket, the clerk shall enter the title of each criminal action or
proceeding and under each title all the orders and proceedings in
such action or proceeding. Wherever by any other section of this
code made applicable to such court an entry of any judgment, order or
other proceeding in the minutes or register of actions is required,
an entry thereof in the docket shall be made and shall be deemed a
sufficient entry in the minutes or register of actions for all
purposes.



1429. In a misdemeanor case the plea of the defendant may be made
by the defendant or by the defendant's counsel. If such defendant
pleads guilty, the court may, before entering such plea or
pronouncing judgment, examine witnesses to ascertain the gravity of
the offense committed; and if it appears to the court that a higher
offense has been committed than the offense charged in the complaint,
the court may order the defendant to be committed or admitted to
bail, to answer any indictment which may be found against the
defendant by the grand jury, or any complaint which may be filed
charging the defendant with such higher offense.




1445. When the defendant pleads guilty, or is convicted, either by
the court, or by a jury, the court shall render judgment thereon of
fine or imprisonment, or both, as the case may be.



1447. When the defendant is acquitted in a misdemeanor or
infraction case, if the court certifies in the minutes that the
prosecution was malicious and without probable cause, the court may
order the complainant to pay the costs of the action, or to give an
undertaking to pay the costs within 30 days after the trial.




1448. If the complainant does not pay the costs, or give an
undertaking therefor, the court may enter judgment against the
complainant for the amount of the costs, which may be enforced in
the manner provided for enforcement of money judgments generally.




1449. In a misdemeanor or infraction case, after a plea, finding,
or verdict of guilty, or after a finding or verdict against the
defendant on a plea of former conviction or acquittal, or once in
jeopardy, the court shall appoint a time for pronouncing judgment
which shall be not less than six hours, nor more than five days,
after the verdict or plea of guilty, unless the defendant waives the
postponement. The court may extend the time for not more than 10
days for the purpose of hearing or determining any motion for a new
trial, or in arrest of judgment. The court also may extend the time
for not more than 20 judicial days if probation is considered. Upon
request of the defendant or the probation officer, that time may be
further extended for not more than 90 additional days. In case of
postponement, the court may hold the defendant to bail to appear for
judgment. If, in the opinion of the court there is a reasonable
ground for believing a defendant insane, the court may extend the
time of pronouncing judgment and may commit the defendant to custody
until the question of insanity has been heard and determined.
If the defendant is a veteran who was discharged from service for
mental disability, upon his or her request, his or her case shall be
referred to the probation officer, who shall secure a military
medical history of the defendant and present it to the court together
with a recommendation for or against probation.



1457. Upon payment of the fine, the officer must discharge the
defendant, if he is not detained for any other legal cause, and pay
over the fine to the court which rendered the judgment.



1458. The provisions of this code relative to bail are applicable
to bail in misdemeanor or infraction cases. The defendant, at any
time after arrest and before conviction, may be admitted to bail.
The undertaking of bail in such a case shall be in substantially the
following form:

A complaint having been filed on the ____ day of ____, 19__, in
the ____ Court of ____ County of ____ (stating title and location of
court) charging ____ (naming defendant) as defendant with the crime
of ____ (designating it generally) and the defendant having been
admitted to bail in the sum of ____ dollars ($____) (stating amount);

We, ____ and ____, of ____ (stating their places of residence and
occupation), hereby undertake that the above-named defendant will
appear and answer any charge in any accusatory pleading based upon
the acts supporting the complaint above mentioned and all duly
authorized amendments thereof, in whatever court it may be
prosecuted, and will at all times hold himself or herself amenable to
the orders and process of the court, and, if convicted, will appear
for pronouncement of judgment or grant of probation or if the
defendant fails to perform either of these conditions, that we will
pay to the people of the State of California the sum of ____ dollars
($____) (inserting the sum in which the defendant is admitted to
bail). If the forfeiture of this bond is ordered by the court,
judgment may be summarily made and entered forthwith against the said
____ (naming the sureties and the defendant if the defendant is a
party to the bond) for the amount of their respective undertakings
herein, as provided by Sections 1305 and 1306 of the California Penal
Code.




1459. Undertakings of bail filed by admitted surety insurers shall
meet all other requirements of law and the obligation of the insurer
shall be in the following form except to the extent a different form
is otherwise provided by statute:

____ (stating the title and the location of the court).
Defendant ____ (stating the name of the defendant) having been
admitted to bail in the sum of ____ dollars ($____) (stating the
amount of bail fixed) and ordered to appear in the above-entitled
court on ____, 19__ (stating the date for appearance in court), on
____ (stating only the word "misdemeanor" or the word "felony")
charge/s;
Now, the ____ (stating the name of admitted surety insurer and
state of incorporation) hereby undertakes that the above-named
defendant will appear in the above-named court on the date above set
forth to answer any charge in any accusatory pleading based upon the
acts supporting the complaint filed against him/her and all duly
authorized amendments thereof, in whatever court it may be
prosecuted, and will at all times hold him/herself amenable to the
orders and process of the court and, if convicted, will appear for
pronouncement of judgment or grant of probation or if he/she fails to
perform either of these conditions, that the ____ (stating the name
of admitted surety insurer and state of incorporation) will pay to
the people of the State of California the sum of ____ dollars ($____)
(stating the amount of the undertaking of the admitted surety
insurer).
If the forfeiture of this bond be ordered by the court, judgment
may be summarily made and entered forthwith against the said ____
(stating the name of admitted surety insurer and state of
incorporation) for the amount of its undertaking herein, as provided
by Sections 1305 and 1306 of the California Penal Code.


__________________________________________________ __

(Stating the name of admitted surety insurer and
state of incorporation),
(Signature)
By _________________________________________________

Attorney-in-fact
(Corporate seal)
(Jurat of notary public or
other officer authorized
to administer oaths.)




1462.2. Except as otherwise provided in the Vehicle Code, the
proper court for the trial of criminal cases amounting to misdemeanor
shall be the superior court of the county within which the offense
charged was committed.
If an action or proceeding is commenced in a court other than the
court herein designated as the proper court for the trial, the action
may, notwithstanding, be tried in the court where commenced, unless
the defendant, at the time of pleading, requests an order
transferring the action or proceeding to the proper court. If after
that request it appears that the action or proceeding was not
commenced in the proper court, the court shall order the action or
proceeding transferred to the proper court. The judge shall, at the
time of arraignment, inform the defendant of the right to be tried in
the county where the offense was committed.



1462.25. (a) A defendant formally charged with a violation of
Vehicle Code Section 14601 in one court ("the first court"), against
whom a formal charge of a violation of Vehicle Code Section 14601 is
pending in one or more other courts, may state in writing his or her
agreement to plead guilty or nolo contendere to some or all of the
charges pending in the other courts, to waive trial or hearing in the
other courts, and to consent to disposition of the case in the first
court. The defendant's agreement is ineffective unless the district
attorney for the other county approves in writing. Upon receipt of
the defendant's agreement and the district attorney's approval, the
clerk of court in the other court shall transfer the pending matter
to the first court, and transmit the papers or certified copies. The
prosecution of each transferred matter shall proceed in the first
court as part of the case pending against the defendant there, but
shall be limited to proceedings upon the defendant's plea of guilty
or nolo contendere, and sentencing or probation. If the defendant
pleads not guilty, the clerk shall retransfer the transferred case to
the court of origin, and the prosecution shall be resumed in that
court. The defendant's statement that the defendant agreed to plead
guilty or nolo contendere shall not be used against the defendant.
(b) The procedure specified in subdivision (a) may be used only if
the defendant is represented by counsel in the other courts, or the
defendant has expressly waived his or her right to counsel in the
other courts.
(c) A defendant may request appointment of counsel in the other
courts by a written request. Upon receiving the defendant's written
request, the other court shall appoint counsel to represent the
defendant if he or she otherwise qualifies for appointed counsel.
(d) The appearance of the defendant in proceedings transferred
pursuant to subdivision (a) shall not commence the running of time
limits under Section 859b, 860, 861, or 1382.



1462.5. Each installment or partial payment of a fine, penalty,
forfeiture or fee shall be prorated among the state and local shares
according to the uniform accounting system established by the State
Controller pursuant to Section 71380 of the Government Code. In
cases subject to Section 1463.18 of the Penal Code, proration shall
not occur until the minimum amounts have been transferred to the
Restitution Fund as provided in that section.



1463. All fines and forfeitures imposed and collected for crimes
shall be distributed in accordance with Section 1463.001.
The following definitions shall apply to terms used in this
chapter:
(a) "Arrest" means any law enforcement action, including issuance
of a notice to appear or notice of violation, which results in a
criminal charge.
(b) "City" includes any city, city and county, district, including
any enterprise special district, community service district, or
community service area engaged in police protection activities as
reported to the Controller for inclusion in the 1989-90 edition of
the Financial Transactions Report Concerning Special Districts under
the heading of Police Protection and Public Safety, authority, or
other local agency (other than a county) which employs persons
authorized to make arrests or to issue notices to appear or notices
of violation which may be filed in court.
(c) "City arrest" means an arrest by an employee of a city, or by
a California Highway Patrol officer within the limits of a city.
(d) "County" means the county in which the arrest took place.
(e) "County arrest" means an arrest by a California Highway Patrol
officer outside the limits of a city, or any arrest by a county
officer or by any other state officer.
(f) "Court" means the superior court or a juvenile forum
established under Section 257 of the Welfare and Institutions Code,
in which the case arising from the arrest is filed.
(g) "Division of moneys" means an allocation of base fine proceeds
between agencies as required by statute, including, but not limited
to, Sections 1463.003, 1463.9, 1463.23, and 1463.26 of this code,
Sections 13001, 13002, and 13003 of the Fish and Game Code, and
Section 11502 of the Health and Safety Code.
(h) "Offense" means any infraction, misdemeanor, or felony, and
any act by a juvenile leading to an order to pay a financial sanction
by reason of the act being defined as an infraction, misdemeanor, or
felony, whether defined in this or any other code, except any
parking offense as defined in subdivision (i).
(i) "Parking offense" means any offense charged pursuant to
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17
of the Vehicle Code, including registration and equipment offenses
included on a notice of parking violation.
(j) "Penalty allocation" means the deposit of a specified part of
moneys to offset designated processing costs, as provided by Section
1463.16 of this code and by Section 68090.8 of the Government Code.
(k) "Total parking penalty" means the total sum to be collected
for a parking offense, whether as fine, forfeiture of bail, or
payment of penalty to the Department of Motor Vehicles (DMV). It may
include the following components:
(1) The base parking penalty as established pursuant to Section
40203.5 of the Vehicle Code.
(2) The DMV fees added upon the placement of a hold pursuant to
Section 40220 of the Vehicle Code.
(3) The surcharges required by Section 76000 of the Government
Code.
(4) The notice penalty added to the base parking penalty when a
notice of delinquent parking violations is given.
(l) "Total fine or forfeiture" means the total sum to be collected
upon a conviction, or the total amount of bail forfeited or
deposited as cash bail subject to forfeiture. It may include, but is
not limited to, the following components as specified for the
particular offense:
(1) The "base fine" upon which the state penalty and additional
county penalty is calculated.
(2) The "county penalty" required by Section 76000 of the
Government Code.
(3) The "service charge" permitted by Section 853.7 of the Penal
Code and Section 40508.5 of the Vehicle Code.
(4) The "special penalty" dedicated for blood alcohol analysis,
alcohol program services, traumatic brain injury research, and
similar purposes.
(5) The "state penalty" required by Section 1464.



1463.001. Except as otherwise provided in this section, all fines
and forfeitures imposed and collected for crimes other than parking
offenses resulting from a filing in a court shall as soon as
practicable after receipt thereof, be deposited with the county
treasurer, and each month the total fines and forfeitures which have
accumulated within the past month shall be distributed, as follows:
(a) The state penalties, county penalties, special penalties,
service charges, and penalty allocations shall be transferred to the
proper funds as required by law.
(b) The base fines shall be distributed, as follows:
(1) Any base fines which are subject to specific distribution
under any other section shall be distributed to the specified funds
of the state or local agency.
(2) Base fines resulting from county arrest not included in
paragraph (1), shall be transferred into the proper funds of the
county.
(3) Base fines resulting from city arrests not included in
paragraph (1), an amount equal to the applicable county percentages
set forth in Section 1463.002, as modified by Section 1463.28, shall
be transferred into the proper funds of the county. Until July 1,
1998, the remainder of base fines resulting from city arrests shall
be divided between each city and county, with 50 percent deposited to
the county's general fund, and 50 percent deposited to the treasury
of the appropriate city, and thereafter the remainder of base fines
resulting from city arrests shall be deposited to the treasury of the
appropriate city.
(4) In a county that had an agreement as of March 22, 1977, that
provides for city fines and forfeitures to accrue to the county in
exchange for sales tax receipts, base fines resulting from city
arrests not included in paragraph (1) shall be deposited into the
proper funds of the county.
(c) Each county shall keep a record of its deposits to its
treasury and its transmittal to each city treasury pursuant to this
section.
(d) The distribution specified in subdivision (b) applies to all
funds subject thereto distributed on or after July 1, 1992,
regardless of whether the court has elected to allocate and
distribute funds pursuant to Section 1464.8.
(e) Any amounts remitted to the county from amounts collected by
the Franchise Tax Board upon referral by a county pursuant to Article
6 (commencing with Section 19280) of Chapter 5 of Part 10.2 of
Division 2 of the Revenue and Taxation Code shall be allocated
pursuant to this section.



1463.002. The base fine amounts from city arrests shall be subject
to distribution according to the following schedule:


County and city
Percentage
Alameda
Alameda ..................................................
18
Albany .................................................. .
29
Berkeley .................................................
19
Emeryville ...............................................
13
Hayward ..................................................
10
Livermore ................................................
7
Oakland ..................................................
22
Piedmont .................................................
44
Pleasanton ...............................................
17
San Leandro ..............................................
9
County percentage ......................................
21
Amador
Amador .................................................. .
25
Ione .................................................. ...
25
Jackson ..................................................
25
Plymouth .................................................
25
Sutter Creek .............................................
25
County percentage ......................................
29
Butte
Biggs .................................................. ..
75
Chico .................................................. ..
22
Gridley ..................................................
49
Oroville .................................................
9
County percentage ......................................
20
Calaveras
Angels .................................................. .
62
County percentage ......................................
62
Colusa
Colusa .................................................. .
13
Williams .................................................
17
County percentage ......................................
16
Contra Costa
Antioch ..................................................
11
Brentwood ................................................
24
Concord ..................................................
18
El Cerrito ...............................................
19
Hercules .................................................
14
Martinez .................................................
22
Pinole .................................................. .
22
Pittsburg ................................................
5
Richmond .................................................
14
San Pablo ................................................
12
Walnut Creek .............................................
24
County percentage ......................................
14
Del Norte
Crescent City ............................................
19
County percentage ......................................
19
El Dorado
Placerville ..............................................
14
County percentage ......................................
14
Fresno
Clovis .................................................. .
23
Coalinga .................................................
21
Firebaugh ................................................
16
Fowler .................................................. .
34
Fresno .................................................. .
26
Huron .................................................. ..
24
Kerman .................................................. .
14
Kingsburg ................................................
34
Mendota ..................................................
11
Orange Cove ..............................................
24
Parlier ..................................................
21
Reedley ..................................................
30
Sanger .................................................. .
29
San Joaquin ..............................................
15
Selma .................................................. ..
14
County percentage ......................................
24
Glenn
Orland .................................................. .
27
Willows ..................................................
36
County percentage ......................................
32
Humboldt
Arcata .................................................. .
9
Blue Lake ................................................
26
Eureka .................................................. .
11
Ferndale .................................................
30
Fortuna ..................................................
17
Trinidad .................................................
11
County percentage ......................................
11
Imperial
Brawley ..................................................
8
Calexico .................................................
10
Calipatria ...............................................
30
El Centro ................................................
5
Holtville ................................................
16
Imperial .................................................
6
Westmorland ..............................................
12
County percentage ......................................
8
Inyo
Bishop .................................................. .
25
County percentage ......................................
25
Kern
Bakersfield ..............................................
10
Delano .................................................. .
13
Maricopa .................................................
36
Shafter ..................................................
15
Taft .................................................. ...
19
Tehachapi ................................................
12
Wasco .................................................. ..
28
County percentage ......................................
12
Kings
Corcoran .................................................
31
Hanford ..................................................
21
Lemoore ..................................................
25
County percentage ......................................
25
Lake
Lakeport .................................................
33
County percentage ......................................
33
Lassen
Susanville ...............................................
21
County percentage ......................................
21
Los Angeles
Alhambra .................................................
13
Arcadia ..................................................
11
Avalon .................................................. .
54
Azusa .................................................. ..
11
Bell .................................................. ...
11
Beverly Hills ............................................
14
Burbank ..................................................
14
Claremont ................................................
5
Compton ..................................................
16
Covina .................................................. .
11
Culver City ..............................................
10
El Monte .................................................
11
El Segundo ...............................................
11
Gardena ..................................................
22
Glendale .................................................
16
Glendora .................................................
12
Hawthorne ................................................
7
Hermosa Beach ............................................
14
Huntington Park ..........................................
12
Inglewood ................................................
16
La Verne .................................................
14
Long Beach ...............................................
14
Los Angeles ..............................................
8
Lynwood ..................................................
9
Manhattan Beach ..........................................
13
Maywood ..................................................
15
Monrovia .................................................
11
Montebello ...............................................
11
Monterey Park ............................................
11
Palos Verdes Estates .....................................
10
Pasadena .................................................
9
Pomona .................................................. .
12
Redondo Beach ............................................
15
San Fernando .............................................
17
San Gabriel ..............................................
16
San Marino ...............................................
5
Santa Monica .............................................
11
Sierra Madre .............................................
11
Signal Hill ..............................................
24
South Gate ...............................................
13
South Pasadena ...........................................
9
Torrance .................................................
16
Vernon .................................................. .
25
West Covina ..............................................
11
Whittier .................................................
11
County percentage ......................................
11
Madera
Chowchilla ...............................................
17
Madera .................................................. .
16
County percentage ......................................
17
Marin
Belvedere ................................................
16
Corte Madera .............................................
12
Fairfax ..................................................
30
Larkspur .................................................
30
Mill Valley ..............................................
13
Ross .................................................. ...
18
San Anselmo ..............................................
11
San Rafael ...............................................
13
Sausalito ................................................
21
County percentage ......................................
16
Mendocino
Fort Bragg ...............................................
19
Point Arena ..............................................
40
Ukiah .................................................. ..
10
Willits ..................................................
24
County percentage ......................................
17
Merced
Atwater ..................................................
23
Dos Palos ................................................
21
Gustine ..................................................
23
Livingston ...............................................
14
Los Banos ................................................
13
Merced .................................................. .
18
County percentage ......................................
18
Modoc
Alturas ..................................................
42
County percentage ......................................
42
Monterey
Carmel .................................................. .
17
Gonzales .................................................
10
Greenfield ...............................................
13
King City ................................................
36
Monterey .................................................
13
Pacific Grove ............................................
22
Salinas ..................................................
36
Soledad ..................................................
16
County percentage ......................................
23
Napa
Calistoga ................................................
37
Napa .................................................. ...
11
St. Helena ...............................................
12
County percentage ......................................
14
Nevada
Grass Valley .............................................
7
Nevada City ..............................................
17
County percentage ......................................
9
Orange
County percentage ......................................
15
Placer
Auburn .................................................. .
18
Colfax .................................................. .
8
Lincoln ..................................................
26
Rocklin ..................................................
16
Roseville ................................................
10
County percentage ......................................
14
Plumas
Portola ..................................................
19
County percentage ......................................
19
Riverside
Banning ..................................................
35
Beaumont .................................................
15
Blythe .................................................. .
9
Coachella ................................................
12
Corona .................................................. .
12
Elsinore .................................................
10
Hemet .................................................. ..
35
Indio .................................................. ..
16
Palm Springs .............................................
35
Perris .................................................. .
14
Riverside ................................................
16
San Jacinto ..............................................
41
County percentage ......................................
35
Sacramento
Folsom .................................................. .
31
Galt .................................................. ...
25
Isleton ..................................................
13
North Sacramento .........................................
10
Sacramento ...............................................
21
County percentage ......................................
26
San Benito
Hollister ................................................
9
San Juan Bautista ........................................
28
County percentage ......................................
11
San Bernardino
Barstow ..................................................
23
Chino .................................................. ..
14
Colton .................................................. .
21
Fontana ..................................................
15
Needles ..................................................
33
Ontario ..................................................
20
Redlands .................................................
28
Rialto .................................................. .
15
San Bernardino ...........................................
20
Upland .................................................. .
14
County percentage ......................................
20
San Diego
Carlsbad .................................................
8
Chula Vista ..............................................
23
Coronado .................................................
25
Del Mar ..................................................
8
El Cajon .................................................
17
Escondido ................................................
16
Imperial Beach ...........................................
8
La Mesa ..................................................
23
Lemon Grove ..............................................
8
National City ............................................
14
Oceanside ................................................
15
San Marcos ...............................................
8
Vista .................................................. ..
8
San Diego ................................................
6
County percentage ......................................
25
San Joaquin
Lodi .................................................. ...
18
Manteca ..................................................
8
Ripon .................................................. ..
11
Stockton .................................................
14
Tracy .................................................. ..
15
County percentage ......................................
14
San Luis Obispo
Arroyo Grande ............................................
9
Paso Robles ..............................................
26
Pismo Beach ..............................................
8
San Luis Obispo ..........................................
21
County percentage ......................................
16
San Mateo
Atherton .................................................
27
Belmont ..................................................
7
Burlingame ...............................................
38
Colma .................................................. ..
40
Daly City ................................................
24
Hillsborough .............................................
75
Menlo Park ...............................................
12
Millbrae .................................................
16
Redwood City .............................................
27
San Bruno ................................................
13
San Carlos ...............................................
8
San Mateo ................................................
42
South San Francisco ......................................
12
County percentage ......................................
21
Santa Barbara
Guadalupe ................................................
28
Lompoc .................................................. .
16
Santa Barbara ............................................
11
Santa Maria ..............................................
12
County percentage ......................................
13
Santa Clara
Alviso .................................................. .
75
Campbell .................................................
16
Gilroy .................................................. .
28
Los Altos ................................................
16
Los Gatos ................................................
30
Morgan Hill ..............................................
11
Mountain View ............................................
13
Palo Alto ................................................
21
San Jose .................................................
13
Santa Clara ..............................................
16
Sunnyvale ................................................
26
County percentage ......................................
16
Santa Cruz
Capitola .................................................
21
Santa Cruz ...............................................
23
Watsonville ..............................................
21
County percentage ......................................
22
Shasta
Redding ..................................................
22
County percentage ......................................
22
Sierra
Loyalton .................................................
75
County percentage ......................................
75
Siskiyou
Dorris .................................................. .
18
Dunsmuir .................................................
29
Etna .................................................. ...
18
Fort Jones ...............................................
46
Montague .................................................
75
Mount Shasta .............................................
37
Tulelake .................................................
33
Yreka .................................................. ..
30
County percentage ......................................
29
Solano
Benicia ..................................................
17
Dixon .................................................. ..
18
Fairfield ................................................
18
Rio Vista ................................................
19
Suisun .................................................. .
7
Vacaville ................................................
15
Vallejo ..................................................
18
County percentage ......................................
19
Sonoma
Cloverdale ...............................................
40
Cotati .................................................. .
40
Healdsburg ...............................................
40
Petaluma .................................................
24
Rohnert Park .............................................
40
Santa Rosa ...............................................
40
Sebastopol ...............................................
40
Sonoma .................................................. .
40
County percentage ......................................
40
Stanislaus
Ceres .................................................. ..
14
Modesto ..................................................
15
Newman .................................................. .
10
Oakdale ..................................................
15
Patterson ................................................
20
Riverbank ................................................
18
Turlock ..................................................
19
County percentage ......................................
15
Sutter
Live Oak .................................................
17
Yuba City ................................................
17
County percentage ......................................
17
Tehama
Corning ..................................................
26
Red Bluff ................................................
39
Tehama .................................................. .
10
County percentage ......................................
31
Tulare
Dinuba .................................................. .
21
Exeter .................................................. .
23
Lindsay ..................................................
24
Porterville ..............................................
26
Tulare .................................................. .
20
Visalia ..................................................
17
Woodlake .................................................
15
County percentage ......................................
21
Tuolumne
Sonora .................................................. .
23
County percentage ......................................
23
Ventura
Fillmore .................................................
16
Ojai .................................................. ...
16
Oxnard .................................................. .
16
Port Hueneme .............................................
16
Santa Paula ..............................................
16
Ventura ..................................................
16
County percentage ......................................
16
Yolo
Davis .................................................. ..
22
Winters ..................................................
19
Woodland .................................................
20
County percentage ......................................
20
Yuba
Marysville ...............................................
15
Wheatland ................................................
38
County percentage ......................................
15

With respect to any city arrest from a city which is not set forth
in the above schedule, the county percentage shall apply. A county
and city therein may, by mutual agreement, adjust these percentages.
Where a county and a city have, prior to June 1, 1991, entered into
an agreement to adjust the percentage specified in this section, or
where a county and a city have entered into an agreement governing
the distribution of revenue from parking penalties, those agreements
shall remain in full force and effect until changed by mutual
agreement.


1463.004. (a) If a sentencing judge specifies only the total fine
or forfeiture, or if an automated case-processing system requires it,
percentage calculations may be employed to establish the components
of total fines or forfeitures, provided that the aggregate monthly
distributions resulting from the calculations are the same as would
be produced by strict observance of the statutory distributions.
(b) If a fund would receive less than one hundred dollars ($100)
in monthly distributions of total fines and forfeitures by a
particular court for at least 11 months of each year, the court may
omit that fund from the system for calculating distributions, and
shall instead apply the distribution provided for by Section
1463.001.



1463.005. Notwithstanding Section 1463.001, in a county subject to
Section 77202.5 of the Government Code, of base fines resulting from
arrests not subject to allocation under paragraph (1) of subdivision
(b) of Section 1463.001, by a California Highway Patrol Officer on
state highways constructed as freeways within the city whereon city
police officers enforced the provisions of the Vehicle Code on April
1, 1965, 25 percent shall be deposited in the treasury of the
appropriate city, 75 percent shall be deposited in the proper funds
of the county.


1463.006. Any money deposited with the court or with the clerk
thereof which, by order of the court or for any other reason, should
be returned, in whole or in part, to any person, or which is by law
payable to the state or to any other public agency, shall be paid to
that person or to the state or to the other public agency by warrant
of the county auditor, which shall be drawn upon the requisition of
the clerk of the court.
All money deposited as bail which has not been claimed within one
year after the final disposition of the case in which the money was
deposited, or within one year after an order made by the court for
the return or delivery of the money to any person, shall be
apportioned between the city and the county and paid or transferred
in the manner provided by statute for the apportionment and payment
of fines and forfeitures. This paragraph controls over any
conflicting provisions of law.



1463.007. Notwithstanding any other provision of law, any county or
court that implements or has implemented a comprehensive program to
identify and collect fines and forfeitures which have not been paid
after 60 days from the date on which they were due and payable, with
or without warrant having been issued against the alleged violator,
and for which the base fine excluding state and county penalties is
at least one hundred dollars ($100), may deduct and deposit in the
county treasury the cost of operating that program, excluding capital
expenditures, from any revenues collected thereby prior to making
any distribution of revenues to other governmental entities required
by any other provision of law. This section does not apply to a
defendant who is paying a fine or forfeiture through time payments,
unless he or she is delinquent in making payments according to the
agreed-upon payment schedule. For purposes of this section, a
comprehensive collection program is a separate and distinct revenue
collection activity and shall include at least 10 of the following
components:
(a) Monthly bill statements to all debtors.
(b) Telephone contact with delinquent debtors to apprise them of
their failure to meet payment obligations.
(c) Issuance of warning letters to advise delinquent debtors of an
outstanding obligation.
(d) Requests for credit reports to assist in locating delinquent
debtors.
(e) Access to Employment Development Department employment and
wage information.
(f) The generation of monthly delinquent reports.
(g) Participation in the Franchise Tax Board's tax intercept
program.
(h) The use of Department of Motor Vehicle information to locate
delinquent debtors.
(i) The use of wage and bank account garnishments.
(j) The imposition of liens on real property and proceeds from the
sale of real property held by a title company.
(k) The filing of objections to the inclusion of outstanding fines
and forfeitures in bankruptcy proceedings.
(l) Coordination with the probation department to locate debtors
who may be on formal or informal probation.
(m) The initiation of drivers' license suspension actions where
appropriate.
(n) The capability to accept credit card payments.



1463.007. Notwithstanding any other provision of law, any county or
court that implements or has implemented a comprehensive program to
identify and collect delinquent fees, fines, forfeitures, penalties,
and assessments with or without a warrant having been issued against
the alleged violator, if the base fees, fines, forfeitures,
penalties, and assessments are delinquent, may deduct and deposit in
the county treasury or in the trial court operations fund the cost of
operating that program, excluding capital expenditures, from any
revenues collected thereby prior to making any distribution of
revenues to other governmental entities required by any other
provision of law. Any county or court may establish a minimum base
fee, fine, forfeiture, penalty, or assessment amount for inclusion in
the program. This section applies to costs incurred by a court or a
county on or after June 30, 1997, and prior to the implementation of
a time payments agreement, and shall supersede any prior law to the
contrary. This section does not apply to a defendant who is paying
fees, fines, forfeitures, penalties, or assessments through time
payments, unless he or she is delinquent in making payments according
to the agreed-upon payment schedule. For purposes of this section,
a comprehensive collection program is a separate and distinct revenue
collection activity and shall include at least 10 of the following
components:
(a) Monthly bill or account statements to all debtors.
(b) Telephone contact with delinquent debtors to apprise them of
their failure to meet payment obligations.
(c) Issuance of warning letters to advise delinquent debtors of an
outstanding obligation.
(d) Requests for credit reports to assist in locating delinquent
debtors.
(e) Access to Employment Development Department employment and
wage information.
(f) The generation of monthly delinquent reports.
(g) Participation in the Franchise Tax Board's Interagency
Intercept Collections Program.
(h) The use of Department of Motor Vehicle information to locate
delinquent debtors.
(i) The use of wage and bank account garnishments.
(j) The imposition of liens on real property and proceeds from the
sale of real property held by a title company.
(k) The filing of a claim or the filing of objections to the
inclusion of outstanding fines and forfeitures in bankruptcy
proceedings.
(l) Coordination with the probation department to locate debtors
who may be on formal or informal probation.
(m) The initiation of drivers' license suspension actions where
appropriate.
(n) The capability to accept credit card payments.
(o) Participation in the Franchise Tax Board's Court-Ordered Debt
Collections Program.
(p) Contracting with one or more private debt collectors.
(q) The use of local, regional, state, or national skip tracing or
locator resources or services to locate delinquent debtors.



1463.009. Notwithstanding Section 1463, all bail forfeitures that
are collected from any source in a case in which a defendant is
charged and convicted of a violation of Section 261, 264.1, 286, 288,
288a, 288.5, or 289, or of a violent felony as defined in
subdivision (c) of Section 667.5 or a serious felony as defined in
subdivision (c) of Section 1192.7, and that are required to be
deposited with the county treasurer shall be allocated according to
the following priority:
(a) The county shall be reimbursed for reasonable administrative
costs for the collection of the forfeited property, the maintenance
and preservation of the property, and the distribution of the
property pursuant to this section.
(b) Out of the remainder of the forfeited bail money, a total of
up to 50 percent shall be distributed in the amount necessary to
satisfy any civil court judgment in favor of a victim as a result of
the offense or a restitution order due to a criminal conviction to a
victim who was under 18 years of age at the time of the commission of
the offense if the defendant is convicted under Section 261, 264.1,
286, 288, 288a, 288.5, or 289, and to a victim of any age if the
defendant has been convicted of a violent felony as defined in
subdivision (c) of Section 667.5 or a serious felony as defined in
subdivision (c) of Section 1192.7.
(c) The balance of the amount collected shall be deposited
pursuant to Section 1463.



1463.010. The enforcement of court orders is recognized as an
important element of collections efforts. The prompt, efficient, and
effective collection of court-ordered fees, fines, forfeitures,
penalties, and assessments ensures the appropriate respect for court
orders. To provide for this prompt, efficient, and effective
collection:
(a) The Judicial Council shall adopt guidelines for a
comprehensive program concerning the collection of moneys owed for
fees, fines, forfeitures, penalties, and assessments imposed by court
order after considering the recommendations of the collaborative
court-county working group established pursuant to subdivision (b).
As part of its guidelines, the Judicial Council may establish
standard agreements for entities to provide collection services. As
part of its guidelines, the Judicial Council shall include provisions
that promote competition by and between entities in providing
collection services to courts and counties. The Judicial Council may
delegate to the Administrative Director of the Courts the
implementation of the aspects of this program to be carried out at
the state level.
(b) The Judicial Council shall establish a collaborative
court-county working group on collections. The California State
Association of Counties shall appoint eight members of the working
group. The Judicial Council shall appoint four court executives, two
judges, and two employees of the Administrative Office of the Courts
as members of the working group, and shall designate a chair of the
working group. The working group shall, among other activities,
survey courts and counties regarding current collection efforts and
evaluate a variety of methods to enhance future collections,
including, but not limited to, referring accounts to private agencies
for collection, develop a strategy for court and county cooperation
in collection plan discussions, consult with groups other than courts
and counties that are affected by collection programs, and evaluate
and make recommendations to the Judicial Council concerning current
and future collection methods.
(c) The courts and counties shall maintain the collection program
which was in place on January 1, 1996, unless otherwise agreed to by
the court and county. The program may wholly or partially be staffed
and operated within the court itself, may be wholly or partially
staffed and operated by the county, or may be wholly or partially
contracted with a third party. In carrying out this collection
program, each superior court and county shall develop a cooperative
plan to implement the Judicial Council guidelines. In the event that
a court and a county are unwilling or unable to enter into a
cooperative plan pursuant to this section, the court or the county
may request the continuation of negotiations with mediation
assistance as mutually agreed upon and provided by the Administrative
Director of the Courts and the California Association of Counties.
(d) Each superior court and county shall jointly report to the
Judicial Council, as provided by the Judicial Council and not more
than once a year, on the effectiveness of the cooperative superior
court and county collection program. The Judicial Council shall
report to the Legislature, as appropriate, on the effectiveness of
the program.
(e) The Judicial Council may, when the efficiency and
effectiveness of the collection process may be improved, facilitate a
joint collection program between superior courts, between counties,
or between superior courts and counties.
(f) The Judicial Council may establish, by court rule, a program
providing for the suspension and nonrenewal of a business and
professional license if the holder of the license has unpaid fees,
fines, forfeitures, penalties, and assessments imposed upon them
under a court order. The Judicial Council may provide that some or
all of the superior courts or counties participate in the program.
Any program established by the Judicial Council shall ensure that the
licensee receives adequate and appropriate notice of the proposed
suspension or nonrenewal of his or her license and has an opportunity
to contest the suspension or nonrenewal. The opportunity to contest
may not require a court hearing.
(g) Notwithstanding any other provision of law, the Judicial
Council, after consultation with the Franchise Tax Board with respect
to collections under Section 19280 of the Revenue and Taxation Code,
may provide for an amnesty program involving the collection of
outstanding fees, fines, forfeitures, penalties, and assessments,
applicable either statewide or within one or more counties. The
amnesty program shall provide that some or all of the interest or
collections costs imposed on outstanding fees, fines, forfeitures,
penalties, and assessments may be waived if the remaining amounts due
are paid within the amnesty period.



1463.04. Notwithstanding Section 1463, out of the moneys deposited
with the county treasurer pursuant to Section 1463, there shall be
transferred once a month into the State Treasury to the credit of the
Winter Recreation Fund an amount equal to 50 percent of all fines
and forfeitures collected during the preceding month upon conviction
or upon the forfeiture of bail from any person of any violation of
Section 5091.15 of the Public Resources Code, and an amount equal to
the remaining 50 percent shall be transferred to the county general
fund and deposited in a special account which shall be used
exclusively to pay for the cost of furthering the purposes of the
California SNO-PARK Permit Program, including, but not limited to,
the snow removal, maintenance, and development of designated parking
areas.



1463.07. An administrative screening fee of twenty-five dollars
($25) shall be collected from each person arrested and released on
his or her own recognizance upon conviction of any criminal offense
related to the arrest other than an infraction. A citation
processing fee in the amount of ten dollars ($10) shall be collected
from each person cited and released by any peace officer in the field
or at a jail facility upon conviction of any criminal offense, other
than an infraction, related to the criminal offense cited in the
notice to appear. However, the court may determine a lesser fee than
otherwise provided in this subdivision upon a showing that the
defendant is unable to pay the full amount. All fees collected
pursuant to this subdivision shall be deposited by the county auditor
in the general fund of the county. This subdivision applies only to
convictions occurring on or after the effective date of the act
adding this subdivision.


1463.1. Notwithstanding any other provisions of law except Section
77009 of the Government Code, any trial court may elect, with prior
approval of the Administrative Director of the Courts, to deposit in
a bank account pursuant to Section 53679 of the Government Code, all
moneys deposited as bail with the court, or with the clerk thereof.

All moneys received and disbursed through the bank account shall
be properly and uniformly accounted for under any procedures the
Controller may deem necessary. The Judicial Council may regulate the
bank accounts, provided that its regulations are not inconsistent
with those of the Controller.



1463.5. The distribution of funds required pursuant to Section
1463, and the distribution of assessments imposed and collected under
Section 1464 and Section 42006 of the Vehicle Code, may be
determined and made upon the basis of probability sampling. The
sampling shall be procedural in nature and shall not substantively
modify the distributions required pursuant to Sections 1463 and 1464
and Section 42006 of the Vehicle Code. The procedure for the
sampling shall be prescribed by the county auditor and the procedure
and its implementation shall be approved by the board of supervisors
and a majority of the cities within a county. The reasonableness of
the distribution shall be verified during the audit performed
pursuant to Section 71383 of the Government Code.



1463.7. Funds transferred to the Regents of the University of
California pursuant to Section 1462.3 may not be utilized to purchase
land or to construct any parking facility. These funds shall be
utilized for the development, enhancement, and operation of alternate
methods of transportation of students and employees of the
University of California and for the mitigation of the impact of
off-campus student and employee parking in university communities.



1463.9. Notwithstanding the provisions of Section 1463, 50 percent
of all fines and forfeitures collected upon conviction, or upon
forfeiture of bail, for violations of Section 13002 of the Health and
Safety Code, Sections 23111 and 23112, and subdivision (a) of
Section 23113 of the Vehicle Code, and Section 374.3 of this code
shall be kept separate and apart from any other fines and
forfeitures. These fines and forfeitures shall, as soon as
practicable after their receipt, be deposited with the county
treasurer of the county in which the court is situated and shall be
distributed as prescribed in Section 1463, except that the money
distributed to any county or city shall be expended only for litter
cleanup activities within that city or county.



1463.10. Notwithstanding Section 1463, fines and forfeitures which
are collected for a conviction of a violation of Section 11366.7 of
the Health and Safety Code and which are required to be deposited
with the county treasurer pursuant to Section 1463 shall be allocated
as follows:
(a) To reimburse any local agency for the reasonable costs of the
removal and disposal, or storage, of any chemical or drug, or any
laboratory apparatus or device, sold by a person convicted under
Section 11366.7 of the Health and Safety Code.
(b) The balance of the amount collected, if any, shall be
deposited by the county treasurer pursuant to Section 1463.




1463.11. Notwithstanding Sections 1463 and 1464 of this code and
Section 76000 of the Government Code, moneys that are collected for
a violation of subdivision (a) or (c) of Section 21453 of,
subdivision (c) of Section 21454 of, or subdivision (a) of Section
21457 of, the Vehicle Code, and which are required to be deposited
with the county treasurer pursuant to Section 1463 of this code shall
be allocated as follows:
(a) The first 30 percent of the amount collected shall be
allocated to the general fund of the city or county in which the
offense occurred.
(b) The balance of the amount collected shall be deposited by the
county treasurer under Sections 1463 and 1464.



1463.12. Notwithstanding Sections 1463 and 1464 of this code and
Section 76000 of the Government Code, moneys that are collected for a
violation of subdivision (c) of Section 21752 or Section 22450 of
the Vehicle Code, involving railroad grade crossings, or Section
22451, 22452, or subdivision (c) of Section 22526 of the Vehicle
Code, and that are required to be deposited with the county treasurer
pursuant to Section 1463 of this code shall be allocated as follows:

(a) If the offense occurred in an area where a transit district or
transportation commission or authority established under Division 12
(commencing with Section 130000) of the Public Utilities Code
provides rail transportation, the first 30 percent of the amount
collected shall be allocated to the general fund of that transit
district or transportation commission or authority to be used only
for public safety and public education purposes relating to railroad
grade crossings.
(b) If there is no transit district or transportation commission
or authority providing rail transportation in the area where the
offense occurred, the first 30 percent of the amount collected shall
be allocated to the general fund of the county in which the offense
occurred, to be used only for public safety and public education
purposes relating to railroad grade crossings.
(c) The balance of the amount collected shall be deposited by the
county treasurer under Section 1463.
(d) A transit district, transportation commission or authority, or
a county that is allocated funds pursuant to subdivision (a) or (b)
shall provide public safety and public education relating to railroad
grade crossings only to the extent that those purposes are funded by
the allocations provided pursuant to subdivision (a) or (b).



1463.13. (a) Each county may develop, implement, operate, and
administer an alcohol and drug problem assessment program for persons
convicted of a crime in which the court finds that alcohol or
substance abuse was substantially involved in the commission of the
crime. This program may be operated in coordination with the program
developed under Article 6 (commencing with Section 23645) of Chapter
4 of Division 11.5 of the Vehicle Code.
(1) A portion of any program established pursuant to this section
shall include a face-to-face interview with each program participant.

(2) No person convicted of driving under the influence of alcohol
or a controlled substance or a related offense shall participate in
any program established pursuant to this section.
(b) An alcohol and drug problem assessment report shall be made on
each person who participates in the program. The report may be used
to determine the appropriate sentence for the person. The report
shall be submitted to the court within 14 days of the completion of
the assessment.
(c) In any county in which the county operates an alcohol and drug
problem assessment program under this section, a court may order any
person convicted of a crime that involved the use of drugs or
alcohol, including any person who is found to have been under the
influence of drugs or alcohol during the commission of the crime, to
participate in the assessment program.
(d) Notwithstanding any other provision of law, in addition to any
other fine or penalty assessment, there shall be levied an
assessment of not more than one hundred fifty dollars ($150) upon
every fine, penalty, or forfeiture imposed and collected by the
courts for a public offense wherein the court orders the offender to
participate in a county alcohol and drug problem assessment program.
The assessment shall only be levied in a county upon the adoption of
a resolution by the board of supervisors of the county making that
county subject to this section.
(e) The court shall determine if the defendant has the ability to
pay the assessment. If the court determines that the defendant has
the ability to pay the assessment then the court may set the amount
to be reimbursed and order the defendant to pay that sum to the
county in the manner which the court determines is reasonable and
compatible with the defendant's financial ability. In making a
determination of whether a defendant has the ability to pay, the
court shall take into account the amount of any fine imposed upon the
defendant and any amount the defendant has been ordered to pay in
victim restitution.
(f) Notwithstanding Section 1463 or 1464 of the Penal Code or any
other provision of law, all moneys collected pursuant to this section
shall be deposited in a special account in the county treasury and
shall be used exclusively to pay for the costs of developing,
implementing, operating, maintaining, and evaluating alcohol and drug
problem assessment and monitoring programs.
(g) On January 15 of each year, the treasurer of each county that
administers an alcohol and drug problem assessment and monitoring
program shall determine those moneys in the special account which
were not expended during the preceding fiscal year, and shall
transfer those moneys to the general fund of the county.



1463.14. (a) Notwithstanding the provisions of Section 1463, of the
moneys deposited with the county treasurer pursuant to Section 1463,
fifty dollars ($50) of each fine collected for each conviction of a
violation of Section 23103, 23104, 23152, or 23153 of the Vehicle
Code shall be deposited in a special account which shall be used
exclusively to pay for the cost of performing for the county, or a
city or special district within the county, analysis of blood, breath
or urine for alcohol content or for the presence of drugs, or for
services related to that testing. The sum shall not exceed the
reasonable cost of providing the services for which the sum is
intended.
On November 1 of each year, the treasurer of each county shall
determine those moneys in the special account that were not expended
during the preceding fiscal year, and shall transfer those moneys
into the general fund of the county. The board of supervisors may, by
resolution, assign the treasurer's duty to determine the amount of
money that was not expended to the auditor or another county officer.
The county may retain an amount of that money equal to its
administrative cost incurred pursuant to this section, and shall
distribute the remainder pursuant to Section 1463. If the account
becomes exhausted, the public entity ordering a test performed
pursuant to this subdivision shall bear the costs of the test.
(b) The board of supervisors of a county may, by resolution,
authorize an additional penalty upon each defendant convicted of a
violation of Section 23152 or 23153 of the Vehicle Code, of an amount
equal to the cost of testing for alcohol content, less the fifty
dollars ($50) deposited as provided in subdivision (a). The
additional penalty authorized by this subdivision shall be imposed
only in those instances where the defendant has the ability to pay,
but in no case shall the defendant be ordered to pay a penalty in
excess of fifty dollars ($50). The penalty authorized shall be
deposited directly with the county, or city or special district
within the county, which performed the test, in the special account
described in subdivision (a), and shall not be the basis for any
additional assessment pursuant to Section 1464 or 1465, or Chapter 12
(commencing with Section 76010) of Title 8 of the Government Code.
For purposes of this subdivision, "ability to pay" means the
overall capability of the defendant to pay the additional penalty
authorized by this subdivision, taking into consideration all of the
following:
(1) Present financial obligations, including family support
obligations, and fines, penalties, and other obligations to the
court.
(2) Reasonably discernible future financial position over the next
12 months.
(3) Any other factor or factors which may bear upon the defendant'
s financial ability to pay the additional penalty.
(c) The Department of Justice shall promulgate rules and
regulations to implement the provisions of this section.



1463.15. Notwithstanding Section 1463, if a county board of
supervisors establishes a combined vehicle inspection and sobriety
checkpoint program under Section 2814.1 of the Vehicle Code,
thirty-five dollars ($35) of the money deposited with the county
treasurer under Section 1463.001 and collected from each fine and
forfeiture imposed under subdivision (b) of Section 42001.2 of the
Vehicle Code shall be deposited in a special account to be used
exclusively to pay the cost incurred by the county for establishing
and conducting the combined vehicle inspection and sobriety
checkpoint program. The money allocated to pay the cost incurred by
the county for establishing and conducting the combined checkpoint
program pursuant to this section may only be deposited in the special
account after a fine imposed pursuant to subdivision (b) of Section
42001.2, and any penalty assessment thereon, has been collected.



1463.16. (a) Notwithstanding Section 1203.1 or 1463, fifty dollars
($50) of each fine collected for each conviction of a violation of
Section 23103, 23104, 23152, or 23153 of the Vehicle Code shall be
deposited with the county treasurer in a special account for
exclusive allocation by the county for the county's alcoholism
program, with approval of the board of supervisors, for alcohol
programs and services for the general population. These funds shall
be allocated through the local planning process pursuant to specific
provision in the county alcohol program plan which is submitted to
the State Department of Alcohol and Drug Programs. Programs shall be
certified by the Department of Alcohol and Drug Programs or have
made application for certification to be eligible for funding under
this section. The county shall implement the intent and procedures
of subdivision (b) of Section 11812 of the Health and Safety Code
while distributing funds under this section.
(b) In a county of the 1st, 2nd, 3rd, 15th, 19th, 20th, or 24th
class, notwithstanding Section 1463, of the moneys deposited with the
county treasurer pursuant to Section 1463, fifty dollars ($50) for
each conviction of a violation of Section 23103, 23104, 23152, or
23153 of the Vehicle Code shall be deposited in a special account for
exclusive allocation by the administrator of the county's alcoholism
program, with approval of the board of supervisors, for alcohol
programs and services for the general population. These funds shall
be allocated through the local planning process pursuant to a
specific provision in the county plan which is submitted to the State
Department of Alcohol and Drug Programs. For those services for
which standards have been developed and certification is available,
programs shall be certified by the State Department of Alcohol and
Drug Programs or shall apply for certification to be eligible for
funding under this section. The county alcohol administrator shall
implement the intent and procedures of subdivision (b) of Section
11812 of the Health and Safety Code while distributing funds under
this section.
(c) The Board of Supervisors of Contra Costa County may, by
resolution, authorize the imposition of a fifty dollar ($50)
assessment by the court upon each defendant convicted of a violation
of Section 23152 or 23153 of the Vehicle Code for deposit in the
account from which the fifty dollar ($50) distribution specified in
subdivision (a) is deducted.
(d) It is the specific intent of the Legislature that funds
expended under this part shall be used for ongoing alcoholism program
services as well as for contracts with private nonprofit
organizations to upgrade facilities to meet state certification and
state licensing standards and federal nondiscrimination regulations
relating to accessibility for handicapped persons.
(e) Counties may retain up to 5 percent of the funds collected to
offset administrative costs of collection and disbursement.



1463.17. (a) In a county of the 19th class, notwithstanding any
other provision of this chapter, of the moneys deposited with the
county treasurer pursuant to Section 1463, fifty dollars ($50) for
each conviction of a violation of Section 23103, 23104, 23152, or
23153 of the Vehicle Code shall be deposited in a special account to
be used exclusively to pay the cost incurred by the county or a city
or special district within the county, with approval of the board of
supervisors, for performing analysis of blood, breath, or urine for
alcohol content or for the presence of drugs, or for services related
to the testing.
(b) The application of this section shall not reduce the county's
remittance to the state specified in paragraph (2) of subdivision (b)
of Section 77201 of, and paragraph (2) of subdivision (b) of,
Section 77201.1 of the Government Code.



1463.18. (a) Notwithstanding the provisions of Section 1463, moneys
which are collected for a conviction of a violation of Section 23152
or 23153 of the Vehicle Code and which are required to be deposited
with the county treasurer pursuant to Section 1463 shall be allocated
as follows:
(1) The first twenty dollars ($20) of any amount collected for a
conviction shall be transferred to the Restitution Fund. This amount
shall be aggregated by the county treasurer and transferred to the
State Treasury once per month for deposit in the Restitution Fund.
(2) The balance of the amount collected, if any, shall be
deposited by the county treasurer pursuant to Section 1463.
(b) The amount transferred to the Restitution Fund pursuant to
this section shall be in addition to any amount of any additional
fine or assessment imposed pursuant to Sections 1202.4 and 1203.04,
as operative on or before August 3, 1995, or Section 13967, as
operative on or before September 28, 1994, of the Government Code.
The amount deposited to the Restitution Fund pursuant to this section
shall be used for the purpose of indemnification of victims pursuant
to Section 13965 of the Government Code, with priority given to
victims of alcohol-related traffic offenses.



1463.20. Notwithstanding any other law, fifty dollars ($50) of
every parking penalty received by a local entity pursuant to Section
42001.5 of the Vehicle Code may be deposited by the treasurer of the
local entity in a special account to be used by the local entity for
the sole purposes of altering existing public facilities to make them
accessible to persons with disabilities in compliance with the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101, et
seq.), and federal regulations adopted pursuant to that act, and
covering the actual administrative cost of setting aside fifty
dollars ($50) of every parking penalty received pursuant to Section
42001.5 of the Vehicle Code for that purpose.



1463.21. (a) Notwithstanding Section 1463.001, out of moneys
deposited with the county treasurer pursuant to Section 1463.001, the
enhanced portion of the fine imposed pursuant to Section 42011 of
the Vehicle Code shall be deposited in a special account in the
county treasury which shall be used exclusively to pay for the cost
of school pedestrian-bicyclist safety programs administered in
accordance with Section 45452 of the Education Code by a city or
county that has adopted Section 42011 of the Vehicle Code.
(b) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.



1463.22. (a) Notwithstanding Section 1463, of the moneys deposited
with the county treasurer pursuant to Section 1463, seventeen dollars
and fifty cents ($17.50) for each conviction of a violation of
Section 16028 of the Vehicle Code shall be deposited by the county
treasurer in a special account and allocated to defray costs of
municipal and superior courts incurred in administering Sections
16028, 16030, and 16031 of the Vehicle Code. Any moneys in the
special account in excess of the amount required to defray those
costs shall be redeposited and distributed by the county treasurer
pursuant to Section 1463.
(b) Notwithstanding Section 1463, of the moneys deposited with the
county treasurer pursuant to Section 1463, three dollars ($3) for
each conviction for a violation of Section 16028 of the Vehicle Code
shall be initially deposited by the county treasurer in a special
account, and shall be transmitted once per month to the Controller
for deposit in the Motor Vehicle Account in the State Transportation
Fund. These moneys shall be available, when appropriated, to defray
the administrative costs incurred by the Department of Motor Vehicles
pursuant to Sections 16031, 16032, 16034, and 16035 of the Vehicle
Code. It is the intent of this subdivision to provide sufficient
revenues to pay for all of the department's costs in administering
those sections of the Vehicle Code.
(c) Notwithstanding Section 1463, of the moneys deposited with the
county treasurer pursuant to Section 1463, ten dollars ($10) upon
the conviction of, or upon the forfeiture of bail from, any person
arrested or notified for a violation of Section 16028 of the Vehicle
Code shall be deposited by the county treasurer in a special account
and shall be transmitted monthly to the Controller for deposit in the
General Fund.


1463.23. Notwithstanding Section 1463, out of the moneys deposited
with the county treasurer pursuant to Section 1463, fifty dollars
($50) of each fine imposed pursuant to Section 4383 of the Business
and Professions Code, subdivision (c) of Section 11350, subdivision
(c) of Section 11377, or subdivision (b) of Section 11550 of the
Health and Safety Code or subdivision (b) of Section 264, subdivision
(m) of Section 286, subdivision (m) of Section 288a or Section
647.1, shall be deposited in a special account in the county treasury
which shall be used exclusively to pay for the reasonable costs of
establishing and providing for the county, or any city within the
county, an AIDS (acquired immune deficiency syndrome) education
program under the direction of the county health department, in
accordance with Chapter 2.71 (commencing with Section 1001.10) of
Title 6, and for the costs of collecting and administering funds
received for purposes of this section.



1463.25. Notwithstanding Section 1203.1 or 1463, and in addition to
any allocation under Section 1463.16, the moneys from alcohol abuse
education and prevention penalty assessments collected pursuant to
Section 23196 of the Vehicle Code shall be initially deposited by the
county treasurer in a special county alcohol abuse and prevention
fund for exclusive allocation by the county alcohol program
administrator, subject to the approval of the board of supervisors,
for the county's alcohol abuse education and prevention program
pursuant to Section 11802 of the Health and Safety Code.
A county shall not use more than 5 percent of the funds deposited
in the special account for administrative costs.



1463.26. Notwithstanding Section 1463, out of moneys deposited with
the county treasurer pursuant to Section 1463, there shall be
transferred, once a month, to the traffic fund of the city, an amount
equal to one-third of all fines and forfeitures collected during the
preceding month upon the conviction of, or upon the forfeiture of
bail by, any person charged with a violation of Section 21655.5 or
21655.8 of the Vehicle Code within that city, and an amount equal to
one-third of those fines and forfeitures shall be transferred into
the general fund of the county, and an amount equal to one-third of
those fines and forfeitures shall be transferred to the agency whose
approval is required for high-occupancy vehicle lanes on state
highways pursuant to Section 21655.6 of the Vehicle Code. If the
arrest for a violation of either Section 21655.5 or 21655.8 of the
Vehicle Code was not within a city, then 50 percent of the fines and
forfeitures shall be transferred to the general fund of the county
and 50 percent shall be transferred to the agency having authority to
approve high-occupancy vehicle lanes pursuant to Section 21655.6 of
the Vehicle Code. Money received by the agency having the authority
to approve high-occupancy vehicle lanes pursuant to Section 21655.6
of the Vehicle Code shall be used by that agency for the purposes of
improving traffic flow and traffic operations upon the state highway
system within the jurisdiction of that agency. In counties where
there exists a county transportation commission created pursuant to
Division 12 (commencing with Section 130000) of the Public Utilities
Code, that commission is the agency for purposes of this section.




1463.28. (a) Notwithstanding any other provision of law, for each
option county, as defined by Section 77004 of the Government Code,
which has adopted the resolution specified in subdivision (b), that
portion of fines and forfeitures, whether collected by the courts or
by other processing agencies, which are attributable to an increase
in the bail amounts adopted subsequent to the resolution pursuant to
subdivision (c) of Section 1269b which would otherwise be divided
between the county and cities within the county shall be deposited
into the county general fund up to the annual limit listed in
subdivision (b) for that county. Fine and forfeiture increments
which exceed the specified annual limit shall be divided between the
county and the cities within the county as otherwise provided by law.
The scheduled bail amounts in such a county may exceed the bail
amounts established by the Judicial Council pursuant to subdivision
(c) of Section 1269b.
(b) The counties which may adopt a resolution directing that
future increments in fines and forfeitures as specified in
subdivision (a) be deposited in the county general fund and the
annual limit applicable to those counties is as follows:


County Annual Limit
Alpine ................... $ 300,000
Amador ................... 200,000
Butte .................... 900,000
Calaveras ................ 300,000
Contra Costa ............. 100,000
Del Norte ................ 200,000
Fresno ................... 700,000
Humboldt ................. 200,000
Kings .................... 300,000
Lake ..................... 400,000
Lassen ................... 200,000
Los Angeles .............. 15,000,000
Madera ................... 600,000
Mariposa ................. 200,000
Mendocino ................ 600,000
Modoc .................... 200,000
Mono ..................... 200,000
Plumas ................... 200,000
San Benito ............... 300,000
San Diego ................ 5,200,000
San Joaquin .............. 1,000,000
Santa Clara .............. 3,200,000
Sierra ................... 300,000
Stanislaus ............... 1,900,000
Sutter ................... 800,000
Trinity .................. 200,000
Tulare ................... 2,000,000
Tuolumne ................. 400,000
Yolo ..................... 700,000
Yuba ..................... 900,000

(c) Except as provided in Sections 40200.3 and 40200.4 of the
Vehicle Code, this section does not apply to the collection of
parking penalties.



1464. (a) Subject to Chapter 12 (commencing with Section 76000) of
Title 8 of the Government Code, there shall be levied a state
penalty, in an amount equal to ten dollars ($10) for every ten
dollars ($10) or fraction thereof, upon every fine, penalty, or
forfeiture imposed and collected by the courts for criminal offenses,
including all offenses, except parking offenses as defined in
subdivision (i) of Section 1463, involving a violation of a section
of the Vehicle Code or any local ordinance adopted pursuant to the
Vehicle Code. Any bail schedule adopted pursuant to Section 1269b
may include the necessary amount to pay the state penalties
established by this section and Chapter 12 (commencing with Section
76000) of Title 8 of the Government Code for all matters where a
personal appearance is not mandatory and the bail is posted primarily
to guarantee payment of the fine.
(b) Where multiple offenses are involved, the state penalty shall
be based upon the total fine or bail for each case. When a fine is
suspended, in whole or in part, the state penalty shall be reduced in
proportion to the suspension.
(c) When any deposited bail is made for an offense to which this
section applies, and for which a court appearance is not mandatory,
the person making the deposit shall also deposit a sufficient amount
to include the state penalty prescribed by this section for forfeited
bail. If bail is returned, the state penalty paid thereon pursuant
to this section shall also be returned.
(d) In any case where a person convicted of any offense, to which
this section applies, is in prison until the fine is satisfied, the
judge may waive all or any part of the state penalty, the payment of
which would work a hardship on the person convicted or his or her
immediate family.
(e) After a determination by the court of the amount due, the
clerk of the court shall collect the penalty and transmit it to the
county treasury. The portion thereof attributable to Chapter 12
(commencing with Section 76000) of Title 8 of the Government Code
shall be deposited in the appropriate county fund and 70 percent of
the balance shall then be transmitted to the State Treasury, to be
deposited in the State Penalty Fund, which is hereby created, and 30
percent to remain on deposit in the county general fund. The
transmission to the State Treasury shall be carried out in the same
manner as fines collected for the state by a county.
(f) The moneys so deposited in the State Penalty Fund shall be
distributed as follows:
(1) Once a month there shall be transferred into the Fish and Game
Preservation Fund an amount equal to 0.33 percent of the state
penalty funds deposited in the State Penalty Fund during the
preceding month, except that the total amount shall not be less than
the state penalty levied on fines or forfeitures for violation of
state laws relating to the protection or propagation of fish and
game. These moneys shall be used for the education or training of
department employees which fulfills a need consistent with the
objectives of the Department of Fish and Game.
(2) Once a month there shall be transferred into the Restitution
Fund an amount equal to 32.02 percent of the state penalty funds
deposited in the State Penalty Fund during the preceding month.
Those funds shall be made available in accordance with Section 13967
of the Government Code.
(3) Once a month there shall be transferred into the Peace
Officers' Training Fund an amount equal to 23.99 percent of the state
penalty funds deposited in the State Penalty Fund during the
preceding month.
(4) Once a month there shall be transferred into the Driver
Training Penalty Assessment Fund an amount equal to 25.70 percent of
the state penalty funds deposited in the State Penalty Fund during
the preceding month.
(5) Once a month there shall be transferred into the Corrections
Training Fund an amount equal to 7.88 percent of the state penalty
funds deposited in the State Penalty Fund during the preceding month.
Money in the Corrections Training Fund is not continuously
appropriated and shall be appropriated in the Budget Act.
(6) Once a month there shall be transferred into the Local Public
Prosecutors and Public Defenders Training Fund established pursuant
to Section 11503 an amount equal to 0.78 percent of the state penalty
funds deposited in the State Penalty Fund during the preceding
month. The amount so transferred shall not exceed the sum of eight
hundred fifty thousand dollars ($850,000) in any fiscal year. The
remainder in excess of eight hundred fifty thousand dollars
($850,000) shall be transferred to the Restitution Fund.
(7) Once a month there shall be transferred into the
Victim-Witness Assistance Fund an amount equal to 8.64 percent of the
state penalty funds deposited in the State Penalty Fund during the
preceding month.
(8) (A) Once a month there shall be transferred into the Traumatic
Brain Injury Fund, created pursuant to Section 4358 of the Welfare
and Institutions Code, an amount equal to 0.66 percent of the state
penalty funds deposited into the State Penalty Fund during the
preceding month. However, the amount of funds transferred into the
Traumatic Brain Injury Fund for the 1996-97 fiscal year shall not
exceed the amount of five hundred thousand dollars ($500,000).
Thereafter, funds shall be transferred pursuant to the requirements
of this section. Notwithstanding any other provision of law, the
funds transferred into the Traumatic Brain Injury Fund for the
1997-98, 1998-99, and 1999-2000 fiscal years, may be expended by the
State Department of Mental Health, in the current fiscal year or a
subsequent fiscal year, to provide additional funding to the existing
projects funded by the Traumatic Brain Injury Fund, to support new
projects, or to do both.
(B) Any moneys deposited in the State Penalty Fund attributable to
the assessments made pursuant to subdivision (i) of Section 27315 of
the Vehicle Code on or after the date that Chapter 6.6 (commencing
with Section 5564) of Part 1 of Division 5 of the Welfare and
Institutions Code is repealed shall be utilized in accordance with
paragraphs (1) to (8), inclusive, of this subdivision.



1464.05. Wherever the word "assessment" appears in any reference to
Section 1464 in any law or regulation with regard to a fine,
penalty, or bail forfeiture, it shall be deemed to refer to the
penalty, state penalty, or additional penalty required by Section
1464.



1464.2. Notwithstanding any other provision of law, an amount of
not more than two hundred fifty thousand dollars ($250,000) per
fiscal year of the moneys otherwise required to be deposited in the
State Penalty Fund under subdivision (e) of Section 1464 shall be
available, upon appropriation, for the exclusive trust purposes
authorized under Article 2 (commencing with Section 2930) of Chapter
5 of Division 2 of the Vehicle Code.



1464.8. Notwithstanding any other provision of law, when an
allocation and distribution of any fine, forfeiture, penalty, fee, or
assessment collected in any criminal case is made, including, but
not limited to, moneys collected pursuant to this chapter, Section
13003 of the Fish and Game Code, Chapter 12 (commencing with Section
76000) of Title 8 of the Government Code, and Sections 11372.5 and
11502 of the Health and Safety Code, the allocation and distribution
of any payment may be based upon the law in effect during the
accounting period when the payment is made.



1465.5. An assessment of two dollars ($2) for every ten dollars
($10) or fraction thereof, for every fine, forfeiture, or parking
penalty imposed and collected pursuant to Section 42001.13 of the
Vehicle Code for violation of Section 22507.8 of the Vehicle Code,
may be imposed by each county upon the adoption of a resolution by
the board of supervisors. An assessment imposed by this section
shall be collected and disbursed as provided in Section 9545 of the
Welfare and Institutions Code.



1465.6. In addition to any assessment levied pursuant to Section
1465.5 of this code, or any other law, an additional assessment equal
to 10 percent of the fine, penalty, or forfeiture imposed under
Section 42001, 42001.5, or 42001.13 of the Vehicle Code shall be
imposed by each county for a violation of Section 22507.8 or 22522 of
the Vehicle Code. An assessment imposed pursuant to this section
shall be deposited in the general fund of the city or county wherein
the violation occurred.



1465.7. (a) A state surcharge of 20 percent shall be levied on the
base fine used to calculate the state penalty assessment as specified
in subdivision (a) of Section 1464.
(b) This surcharge shall be in addition to the state penalty
assessed pursuant to Section 1464 of the Penal Code and may not be
included in the base fine used to calculate the state penalty
assessment as specified in subdivision (a) of Section 1464.
(c) After a determination by the court of the amount due, the
clerk of the court shall cause the amount of the state surcharge
collected to be transmitted to the General Fund.
(d) Notwithstanding Chapter 12 (commencing with Section 76000) of
Title 8 of the Government Code and subdivision (b) of Section 68090.8
of the Government Code, the full amount of the surcharge shall be
transmitted to the State Treasury to be deposited in the General
Fund. Of the amount collected from the total amount of the fines,
penalties, and surcharges imposed, the amount of the surcharge
established by this section shall be transmitted to the State
Treasury to be deposited in the General Fund.
(e) When any deposited bail is made for an offense to which this
section applies, and for which a court appearance is not mandatory,
the person making the deposit shall also deposit a sufficient amount
to include the surcharge prescribed by this section.
(f) When amounts owed by an offender as a result of a conviction
are paid in installment payments, payments shall be credited pursuant
to Section 1203.1d. The amount of the surcharge established by this
section shall be transmitted to the State Treasury prior to the
county retaining or disbursing the remaining amount of the fines,
penalties, and forfeitures imposed.
(g) Notwithstanding Sections 40512.6 and 42007 of the Vehicle
Code, the term "total bail" as used in subdivision (a) of Section
42007 of the Vehicle Code does not include the surcharge set forth in
this section. The surcharge set forth in this section shall be
levied on what would have been the base fine had the provisions of
Section 42007 not been invoked and the proceeds from the imposition
of the surcharge shall be treated as otherwise set forth in this
section.
(h) This section shall become inoperative on July 1, 2007, and as
of January 1, 2008, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2008, deletes or extends
that date.


1465.8. (a) (1) To ensure and maintain adequate funding for court
security, a fee of twenty dollars ($20) shall be imposed on every
conviction for a criminal offense, including a traffic offense,
except parking offenses as defined in subdivision (i) of Section
1463, involving a violation of a section of the Vehicle Code or any
local ordinance adopted pursuant to the Vehicle Code.
(2) For the purposes of this section, "conviction" includes the
dismissal of a traffic violation on the condition that the defendant
attend a court-ordered traffic violator school, as authorized by
Sections 41501 and 42005 of the Vehicle Code. This security fee
shall be deposited in accordance with subdivision (d), and may not be
included with the fee calculated and distributed pursuant to Section
42007 of the Vehicle Code.
(b) This fee shall be in addition to the state penalty assessed
pursuant to Section 1464 and may not be included in the base fine to
calculate the state penalty assessment as specified in subdivision
(a) of Section 1464.
(c) When bail is deposited for an offense to which this section
applies, and for which a court appearance is not necessary, the
person making the deposit shall also deposit a sufficient amount to
include the fee prescribed by this section.
(d) Notwithstanding any other provision of law, the fees collected
pursuant to subdivision (a) shall all be deposited in a special
account in the county treasury and transmitted therefrom monthly to
the Controller for deposit in the Trial Court Trust Fund.
(e) The Judicial Council shall provide for the administration of
this section.

[هيثم الفقى]

1466. An appeal may be taken from a judgment or order, in an
infraction or misdemeanor case, to the appellate division of the
superior court of the county in which the court from which the appeal
is taken is located, in the following cases:
(1) By the people:
(A) From an order recusing the district attorney or city attorney
pursuant to Section 1424.
(B) From an order or judgment dismissing or otherwise terminating
all or any portion of the action, including such an order or
judgment, entered after a verdict or finding of guilty or a verdict
or judgment entered before the defendant has been placed in jeopardy
or where the defendant has waived jeopardy.
(C) From sustaining a demurrer to any portion of the complaint or
pleading.
(D) From an order granting a new trial.
(E) From an order arresting judgment.
(F) From any order made after judgment affecting the substantial
rights of the people.
(G) From the imposition of an unlawful sentence, whether or not
the court suspends the execution of sentence. As used in this
subparagraph, "unlawful sentence" means the imposition of a sentence
not authorized by law or the imposition of a sentence based upon an
unlawful order of the court that strikes or otherwise modifies the
effect of an enhancement or prior conviction. A defendant shall have
the right to counsel in the people's appeal of an unlawful sentence
under the same circumstances that he or she would have a right to
counsel under subdivision (a) of Section 1238.
(H) Nothing in this section shall be construed to authorize an
appeal from an order granting probation. Instead, the people may
seek appellate review of any grant of probation, whether or not the
court imposes sentence, by means of a petition for a writ of mandate
or prohibition that is filed within 60 days after probation is
granted. The review of any grant of probation shall include review
of any order underlying the grant of probation.
(2) By the defendant:
(A) From a final judgment of conviction. A sentence, an order
granting probation, a conviction in a case in which before final
judgment the defendant is committed for insanity or is given an
indeterminate commitment as a mentally disordered *** offender, or
the conviction of a defendant committed for controlled substance
addiction shall be deemed to be a final judgment within the meaning
of this section. Upon appeal from a final judgment or an order
granting probation the court may review any order denying a motion
for a new trial.
(B) From any order made after judgment affecting his or her
substantial rights.


1467. An appeal from a judgment of conviction does not stay the
execution of the judgment in any case unless the trial or a reviewing
court shall so order. The granting or refusal of such an order
shall rest in the discretion of the court, except that a court shall
not stay any duty to register as a *** offender pursuant to Section
290.



1468. Appeals to the appellate divisions of superior courts shall
be taken, heard and determined, the decisions thereon shall be
remitted to the courts from which the appeals are taken, and the
records on such appeals shall be made up and filed in such time and
manner as shall be prescribed in rules adopted by the Judicial
Council.



1469. Upon appeal by the people the reviewing court may review any
question of law involved in any ruling affecting the judgment or
order appealed from, without exception having been taken in the trial
court. Upon an appeal by a defendant the court may, without
exception having been taken in the trial court, review any question
of law involved in any ruling, order, instruction, or thing
whatsoever said or done at the trial or prior to or after judgment,
which thing was said or done after objection made in and considered
by the trial court and which affected the substantial rights of the
defendant. The court may also review any instruction given, refused
or modified, even though no objection was made thereto in the trial
court if the substantial rights of the defendant were affected
thereby. The reviewing court may reverse, affirm or modify the
judgment or order appealed from, and may set aside, affirm or modify
any or all of the proceedings subsequent to, or dependent upon, such
judgment or order, and may, if proper, order a new trial. If a new
trial is ordered upon appeal, it must be had in the court from which
the appeal is taken.

[هيثم الفقى]

1471. A court of appeal may order any case on appeal to a superior
court in its district transferred to it for hearing and decision as
provided by rules of the Judicial Council when the superior court
certifies, or the court of appeal determines, that such transfer
appears necessary to secure uniformity of decision or to settle
important questions of law.
A court to which any such case is transferred shall have similar
power to review any matter and make orders and judgments as the
appellate division of the superior court by statute would have in
such case, except as otherwise expressly provided.

[هيثم الفقى]

OF THE WRIT OF HABEAS CORPUS
1473. (a) Every person unlawfully imprisoned or restrained of his
liberty, under any pretense whatever, may prosecute a writ of habeas
corpus, to inquire into the cause of such imprisonment or restraint.

(b) A writ of habeas corpus may be prosecuted for, but not limited
to, the following reasons:
(1) False evidence that is substantially material or probative on
the issue of guilt or punishment was introduced against a person at
any hearing or trial relating to his incarceration; or
(2) False physical evidence, believed by a person to be factual,
probative, or material on the issue of guilt, which was known by the
person at the time of entering a plea of guilty, which was a material
factor directly related to the plea of guilty by the person.
(c) Any allegation that the prosecution knew or should have known
of the false nature of the evidence referred to in subdivision (b) is
immaterial to the prosecution of a writ of habeas corpus brought
pursuant to subdivision (b).
(d) Nothing in this section shall be construed as limiting the
grounds for which a writ of habeas corpus may be prosecuted or as
precluding the use of any other remedies.



1473.5. (a) A writ of habeas corpus also may be prosecuted on the
basis that expert testimony relating to intimate partner battering
and its effects, within the meaning of Section 1107 of the Evidence
Code, was not received in evidence at the trial court proceedings
relating to the prisoner's incarceration, and is of such substance
that, had it been received in evidence, there is a reasonable
probability, sufficient to undermine confidence in the judgment of
conviction, that the result of the proceedings would have been
different. Sections 1260 to 1262, inclusive, apply to the
prosecution of a writ of habeas corpus pursuant to this section. As
used in this section, "trial court proceedings" means those court
proceedings that occur from the time the accusatory pleading is
filed until and including judgment and sentence.
(b) This section is limited to violent felonies as specified in
subdivision (c) of Section 667.5 that were committed before August
29, 1996, and that resulted in judgments of conviction after a plea
or trial as to which expert testimony admissible pursuant to Section
1107 of the Evidence Code may be probative on the issue of
culpability.
(c) If a petitioner for habeas corpus under this section
previously filed a petition for writ of habeas corpus, it is grounds
for denial of the new petition if a court determined on the merits in
the prior petition that the omission of expert testimony relating to
battered women's syndrome or intimate partner battering and its
effects at trial was not prejudicial and did not entitle the
petitioner to the writ of habeas corpus.
(d) For purposes of this section, the changes that become
effective on January 1, 2005, are not intended to expand the uses or
applicability of expert testimony on battering and its effects that
were in effect immediately prior to that date in criminal cases.
(e) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.



1473.6. (a) Any person no longer unlawfully imprisoned or
restrained may prosecute a motion to vacate a judgment for any of the
following reasons:
(1) Newly discovered evidence of fraud by a government official
that completely undermines the prosecution's case, is conclusive, and
points unerringly to his or her innocence.
(2) Newly discovered evidence that a government official testified
falsely at the trial that resulted in the conviction and that the
testimony of the government official was substantially probative on
the issue of guilt or punishment.
(3) Newly discovered evidence of misconduct by a government
official committed in the underlying case that resulted in
fabrication of evidence that was substantially material and probative
on the issue of guilt or punishment. Evidence of misconduct in
other cases is not sufficient to warrant relief under this paragraph.

(b) For purposes of this section, "newly discovered evidence" is
evidence that could not have been discovered with reasonable
diligence prior to judgment.
(c) The procedure for bringing and adjudicating a motion under
this section, including the burden of producing evidence and the
burden of proof, shall be the same as for prosecuting a writ of
habeas corpus.
(d) A motion pursuant to this section must be filed within one
year of the later of the following:
(1) The date the moving party discovered, or could have discovered
with the exercise of due diligence, additional evidence of the
misconduct or fraud by a government official beyond the moving party'
s personal knowledge.
(2) The effective date of this section.



1474. Application for the writ is made by petition, signed either
by the party for whose relief it is intended, or by some person in
his behalf, and must specify:
1. That the person in whose behalf the writ is applied for is
imprisoned or restrained of his liberty, the officer or person by
whom he is so confined or restrained, and the place where, naming all
the parties, if they are known, or describing them, if they are not
known;
2. If the imprisonment is alleged to be illegal, the petition must
also state in what the alleged illegality consists;
3. The petition must be verified by the oath or affirmation of the
party making the application.



1475. The writ of habeas corpus may be granted in the manner
provided by law. If the writ has been granted by any court or a
judge thereof and after the hearing thereof the prisoner has been
remanded, he shall not be discharged from custody by the same or any
other court of like general jurisdiction, or by a judge of the same
or any other court of like general jurisdiction, unless upon some
ground not existing in fact at the issuing of the prior writ. Should
the prisoner desire to urge some point of law not raised in the
petition for or at the hearing upon the return of the prior writ,
then, in case such prior writ had been returned or returnable before
a superior court or a judge thereof, no writ can be issued upon a
second or other application except by the appropriate court of appeal
or some judge thereof, or by the Supreme Court or some judge
thereof, and in such an event such writ must not be made returnable
before any superior court or any judge thereof. In the event,
however, that the prior writ was returned or made returnable before a
court of appeal or any judge thereof, no writ can be issued upon a
second or other application except by the Supreme Court or some judge
thereof, and such writ must be made returnable before said Supreme
Court or some judge thereof.
Every application for a writ of habeas corpus must be verified,
and shall state whether any prior application or applications have
been made for a writ in regard to the same detention or restraint
complained of in the application, and if any such prior application
or applications have been made the later application must contain a
brief statement of all proceedings had therein, or in any of them, to
and including the final order or orders made therein, or in any of
them, on appeal or otherwise.
Whenever the person applying for a writ of habeas corpus is held
in custody or restraint by any officer of any court of this state or
any political subdivision thereof, or by any peace officer of this
state, or any political subdivision thereof, a copy of the
application for such writ must in all cases be served upon the
district attorney of the county wherein such person is held in
custody or restraint at least 24 hours before the time at which said
writ is made returnable and no application for such writ can be heard
without proof of such service in cases where such service is
required.
If such person is in custody for violation of an ordinance of a
city which has a city attorney, a copy of the application for the
writ must also be served on the city attorney of the city whose
ordinance is the basis for the charge at least 24 hours before the
time at which the writ is made returnable, provided that failure to
serve such city attorney shall not deprive the court of jurisdiction
to hear the application.



1476. Any court or judge authorized to grant the writ, to whom a
petition therefor is presented, must endorse upon the petition the
hour and date of its presentation and the hour and date of the
granting or denial of the writ, and must, if it appear that the writ
ought to issue, grant the same without delay; and if the person by or
upon whose behalf the application for the writ is made be detained
upon a criminal charge, may admit him to bail, if the offense is
bailable, pending the determination of the proceeding.



1477. The writ must be directed to the person having custody of or
restraining the person on whose behalf the application is made, and
must command him to have the body of such person before the Court or
Judge before whom the writ is returnable, at a time and place therein
specified.


1478. If the writ is directed to the sheriff or other ministerial
officer of the court out of which it issues, it must be delivered by
the clerk to such officer without delay, as other writs are delivered
for service. If it is directed to any other person, it must be
delivered to the sheriff or a marshal, and be by him served upon such
person by delivering the copy to him without delay, and make his
return on the original to the court of issuance. If the person to
whom the writ is directed cannot be found, or refuses admittance to
the officer or person serving or delivering such writ, it may be
served or delivered by leaving it at the residence of the person to
whom it is directed, or by affixing it to some conspicuous place on
the outside either of his dwelling house or of the place where the
party is confined or under restraint.



1479. If the person to whom the writ is directed refuses, after
service, to obey the same, the Court or Judge, upon affidavit, must
issue an attachment against such person, directed to the Sheriff or
Coroner, commanding him forthwith to apprehend such person and bring
him immediately before such Court or Judge; and upon being so
brought, he must be committed to the jail of the county until he
makes due return to such writ, or is otherwise legally discharged.



1480. The person upon whom the writ is served must state in his
return, plainly and unequivocally:
1. Whether he has or has not the party in his custody, or under
his power or restraint;
2. If he has the party in his custody or power, or under his
restraint, he must state the authority and cause of such imprisonment
or restraint;
3. If the party is detained by virtue of any writ, warrant, or
other written authority, a copy thereof must be annexed to the
return, and the original produced and exhibited to the Court or Judge
on the hearing of such return;
4. If the person upon whom the writ is served had the party in his
power or custody, or under his restraint, at any time prior or
subsequent to the date of the writ of habeas corpus, but has
transferred such custody or restraint to another, the return must
state particularly to whom, at what time and place, for what cause,
and by what authority such transfer took place;
5. The return must be signed by the person making the same, and,
except when such person is a sworn public officer, and makes such
return in his official capacity, it must be verified by his oath.



1481. The person to whom the writ is directed, if it is served,
must bring the body of the party in his custody or under his
restraint, according to the command of the writ, except in the cases
specified in the next section.


1482. When, from sickness or infirmity of the person directed to be
produced, he cannot, without danger, be brought before the Court or
Judge, the person in whose custody or power he is may state that fact
in his return to the writ, verifying the same by affidavit. If the
Court or Judge is satisfied of the truth of such return, and the
return to the writ is otherwise sufficient, the Court or Judge may
proceed to decide on such return, and to dispose of the matter as if
such party had been produced on the writ, or the hearing thereof may
be adjourned until such party can be produced.



1483. The Court or Judge before whom the writ is returned must,
immediately after the return, proceed to hear and examine the return,
and such other matters as may be properly submitted to their hearing
and consideration.


1484. The party brought before the Court or Judge, on the return of
the writ, may deny or controvert any of the material facts or
matters set forth in the return, or except to the sufficiency
thereof, or allege any fact to show either that his imprisonment or
detention is unlawful, or that he is entitled to his discharge. The
Court or Judge must thereupon proceed in a summary way to hear such
proof as may be produced against such imprisonment or detention, or
in favor of the same, and to dispose of such party as the justice of
the case may require, and have full power and authority to require
and compel the attendance of witnesses, by process of subpoena and
attachment, and to do and perform all other acts and things necessary
to a full and fair hearing and determination of the case.



1485. If no legal cause is shown for such imprisonment or
restraint, or for the continuation thereof, such Court or Judge must
discharge such party from the custody or restraint under which he is
held.


1486. The Court or Judge, if the time during which such party may
be legally detained in custody has not expired, must remand such
party, if it appears that he is detained in custody:
1. By virtue of process issued by any Court or Judge of the United
States, in a case where such Court or Judge has exclusive
jurisdiction; or,
2. By virtue of the final judgment or decree of any competent
Court of criminal jurisdiction, or of any process issued upon such
judgment or decree.



1487. If it appears on the return of the writ that the prisoner is
in custody by virtue of process from any Court of this State, or
Judge or officer thereof, such prisoner may be discharged in any of
the following cases, subject to the restrictions of the last section:

1. When the jurisdiction of such Court or officer has been
exceeded;
2. When the imprisonment was at first lawful, yet by some act,
omission, or event which has taken place afterwards, the party has
become entitled to a discharge;
3. When the process is defective in some matter of substance
required by law, rendering such process void;
4. When the process, though proper in form, has been issued in a
case not allowed by law;
5. When the person having the custody of the prisoner is not the
person allowed by law to detain him;
6. Where the process is not authorized by any order, judgment, or
decree of any Court, nor by any provision of law;
7. Where a party has been committed on a criminal charge without
reasonable or probable cause.



1488. If any person is committed to prison, or is in custody of any
officer on any criminal charge, by virtue of any warrant of
commitment of a magistrate, such person must not be discharged on the
ground of any mere defect of form in the warrant of commitment.




1489. If it appears to the Court or Judge, by affidavit or
otherwise, or upon the inspection of the process or warrant of
commitment, and such other papers in the proceedings as may be shown
to the Court or Judge, that the party is guilty of a criminal
offense, or ought not to be discharged, such Court or Judge, although
the charge is defective or unsubstantially set forth in such process
or warrant of commitment, must cause the complainant or other
necessary witnesses to be subpoenaed to attend at such time as
ordered, to testify before the Court or Judge; and upon the
examination he may discharge such prisoner, let him to bail, if the
offense be bailable, or recommit him to custody, as may be just and
legal.



1490. When a person is imprisoned or detained in custody on any
criminal charge, for want of bail, such person is entitled to a writ
of habeas corpus for the purpose of giving bail, upon averring that
fact in his petition, without alleging that he is illegally confined.



1491. Any judge before whom a person who has been committed upon a
criminal charge may be brought on a writ of habeas corpus, if the
same is bailable, may take an undertaking of bail from such person as
in other cases, and file the same in the proper court. Whenever a
writ of habeas corpus is returned to a court for hearing and the
petitioner is charged with an offense other than a crime of violence
or committed with a deadly weapon or involving the forcible taking or
destruction of the property of another, but the prisoner does not
stand convicted of any offense, the amount of the bail must be set
immediately if no bail has theretofore been fixed.



1492. If a party brought before the Court or Judge on the return of
the writ is not entitled to his discharge, and is not bailed, where
such bail is allowable, the Court or Judge must remand him to custody
or place him under the restraint from which he was taken, if the
person under whose custody or restraint he was is legally entitled
thereto.



1493. In cases where any party is held under illegal restraint or
custody, or any other person is entitled to the restraint or custody
of such party, the Judge or Court may order such party to be
committed to the restraint or custody of such person as is by law
entitled thereto.



1494. Until judgment is given on the return, the Court or Judge
before whom any party may be brought on such writ may commit him to
the custody of the Sheriff of the county, or place him in such care
or under such custody as his age or circumstances may require.




1495. No writ of habeas corpus can be disobeyed for defect of form,
if it sufficiently appear therefrom in whose custody or under whose
restraint the party imprisoned or restrained is, the officer or
person detaining him, and the Court or Judge before whom he is to be
brought.



1496. No person who has been discharged by the order of the Court
or Judge upon habeas corpus can be again imprisoned, restrained, or
kept in custody for the same cause, except in the following cases:
1. If he has been discharged from custody on a criminal charge,
and is afterwards committed for the same offense, by legal order or
process;
2. If, after a discharge for defect of proof, or for any defect of
the process, warrant, or commitment in a criminal case, the prisoner
is again arrested on sufficient proof and committed by legal process
for the same offense.



1497. When it appears to any court, or judge, authorized by law to
issue the writ of habeas corpus, that any one is illegally held in
custody, confinement, or restraint, and that there is reason to
believe that the person will be carried out of the jurisdiction of
the court or judge before whom the application is made, or will
suffer some irreparable injury before compliance with the writ of
habeas corpus can be enforced, the court or judge may cause a warrant
to be issued, reciting the facts, and directed to any peace officer,
commanding the peace officer to take the person held in custody,
confinement, or restraint, and immediately bring him or her before
the court or judge, to be dealt with according to law.




1498. The Court or Judge may also insert in such warrant a command
for the apprehension of the person charged with such illegal
detention and restraint.


1499. The officer to whom such warrant is delivered must execute it
by bringing the person therein named before the Court or Judge who
directed the issuing of such warrant.



1500. The person alleged to have such party under illegal
confinement or restraint may make return to such warrant as in case
of a writ of habeas corpus, and the same may be denied, and like
allegations, proofs, and trial may thereupon be had as upon a return
to a writ of habeas corpus.



1501. If such party is held under illegal restraint or custody, he
must be discharged; and if not, he must be restored to the care or
custody of the person entitled thereto.



1502. Any writ or process authorized by this Chapter may be issued
and served on any day or at any time.



1503. All writs, warrants, process, and subpoenas authorized by the
provisions of this Chapter must be issued by the Clerk of the Court,
and, except subpoenas, must be sealed with the seal of such Court,
and served and returned forthwith, unless the Court or Judge shall
specify a particular time for any such return.


1504. All such writs and process, when made returnable before a
Judge, must be returned before him at the county seat, and there
heard and determined.


1505. If the officer or person to whom a writ of habeas corpus is
directed, refuses obedience to the command thereof, he shall forfeit
and pay to the person aggrieved a sum not exceeding ten thousand
dollars ($10,000), to be recovered by action in any court of
competent jurisdiction.



1506. An appeal may be taken to the court of appeal by the people
from a final order of a superior court made upon the return of a writ
of habeas corpus discharging a defendant or otherwise granting all
or any part of the relief sought, in all criminal cases, excepting
criminal cases where judgment of death has been rendered, and in such
cases to the Supreme Court; and in all criminal cases where an
application for a writ of habeas corpus has been heard and determined
in a court of appeal, either the defendant or the people may apply
for a hearing in the Supreme Court. Such appeal shall be taken and
such application for hearing in the Supreme Court shall be made in
accordance with rules to be laid down by the Judicial Council. If
the people appeal from an order granting the discharge or release of
the defendant, or petition for hearing in either the court of appeal
or the Supreme Court, the defendant shall be admitted to bail or
released on his own recognizance or any other conditions which the
court deems just and reasonable, subject to the same limitations,
terms, and conditions which are applicable to, or may be imposed
upon, a defendant who is awaiting trial. If the order grants relief
other than a discharge or release from custody, the trial court or
the court in which the appeal or petition for hearing is pending may,
upon application by the people, in its discretion, and upon such
conditions as it deems just stay the execution of the order pending
final determination of the matter.


1507. Where an application for a writ of habeas corpus has been
made by or on behalf of any person other than a defendant in a
criminal case, an appeal may be taken to the court of appeal from a
final order of a superior court granting all or any part of the
relief sought; and where such application has been heard and
determined in a court of appeal, either on an application filed in
that court or on appeal from a superior court, and all or any part of
the relief sought has been granted, an application may be made for a
hearing in the Supreme Court. Such appeal shall be taken and such
application for hearing in the Supreme Court shall be made in
accordance with rules to be laid down by the Judicial Council. The
court which made the order granting relief or the court in which the
appeal or petition for hearing is pending may, in its discretion, and
upon such conditions as it deems just stay the execution of the
order pending final determination of the matter.



1508. (a) A writ of habeas corpus issued by the Supreme Court or a
judge thereof may be made returnable before the issuing judge or his
court, before any court of appeal or judge thereof, or before any
superior court or judge thereof.
(b) A writ of habeas corpus issued by a court of appeal or a judge
thereof may be made returnable before the issuing judge or his court
or before any superior court or judge thereof located in that
appellate district.
(c) A writ of habeas corpus issued by a superior court or a judge
thereof may be made returnable before the issuing judge or his court.

[هيثم الفقى]

1510. The denial of a motion made pursuant to Section 995 or 1538.5
may be reviewed prior to trial only if the motion was made by the
defendant in the trial court not later than 45 days following
defendant's arraignment on the complaint if a misdemeanor, or 60 days
following defendant's arraignment on the information or indictment
if a felony, unless within these time limits the defendant was
unaware of the issue or had no opportunity to raise the issue.



1511. If in a felony case the superior court sets the trial beyond
the period of time specified in Section 1049.5, in violation of
Section 1049.5, or continues the hearing of any matter without good
cause, and good cause is required by law for such a continuance,
either party may file a petition for writ of mandate or prohibition
in the court of appeal seeking immediate appellate review of the
ruling setting the trial or granting the continuance. Such a petition
shall have precedence over all other cases in the court to which the
petition is assigned, including, but not limited to, cases that
originated in the juvenile court. If the court of appeal grants a
peremptory writ, it shall issue the writ and a remittitur three court
days after its decision becomes final as to that court if such
action is necessary to prevent mootness or to prevent frustration of
the relief granted, notwithstanding the right of the parties to file
a petition for review in the Supreme Court. When the court of appeal
issues the writ and remittitur as provided herein, the writ shall
command the superior court to proceed with the criminal case without
further delay, other than that reasonbly necessary for the parties to
obtain the attendance of their witnesses.
The Supreme Court may stay or recall the issuance of the writ and
remittitur. The Supreme Court's failure to stay or recall the
issuance of the writ and remittitur shall not deprive the respondent
or the real party in interest of its right to file a petition for
review in the Supreme Court.



1512. (a) In addition to petitions for a writ of mandate,
prohibition, or review which the people are authorized to file
pursuant to any other statute or pursuant to any court decision, the
people may also seek review of an order granting a defendant's motion
for severance or discovery by a petition for a writ of mandate or
prohibition.
(b) In construing the legislative intent of subdivision (a), no
inference shall be drawn from the amendment to Assembly Bill 1052 of
the 1989-90 Regular Session of the Legislature which deleted
reference to the case of People v. Superior Court, 69 Cal. 2d 491.

[هيثم الفقى]

1523. A search warrant is an order in writing, in the name of the
people, signed by a magistrate, directed to a peace officer,
commanding him or her to search for a person or persons, a thing or
things, or personal property, and, in the case of a thing or things
or personal property, bring the same before the magistrate.




1524. (a) A search warrant may be issued upon any of the following
grounds:
(1) When the property was stolen or embezzled.
(2) When the property or things were used as the means of
committing a felony.
(3) When the property or things are in the possession of any
person with the intent to use them as a means of committing a public
offense, or in the possession of another to whom he or she may have
delivered them for the purpose of concealing them or preventing their
being discovered.
(4) When the property or things to be seized consist of any item
or constitute any evidence that tends to show a felony has been
committed, or tends to show that a particular person has committed a
felony.
(5) When the property or things to be seized consist of evidence
that tends to show that ***ual exploitation of a child, in violation
of Section 311.3, or possession of matter depicting ***ual conduct of
a person under the age of 18 years, in violation of Section 311.11,
has occurred or is occurring.
(6) When there is a warrant to arrest a person.
(7) When a provider of electronic communication service or remote
computing service has records or evidence, as specified in Section
1524.3, showing that property was stolen or embezzled constituting a
misdemeanor, or that property or things are in the possession of any
person with the intent to use them as a means of committing a
misdemeanor public offense, or in the possession of another to whom
he or she may have delivered them for the purpose of concealing them
or preventing their discovery.
(8) When the property or things to be seized include an item or
any evidence that tends to show a violation of Section 3700.5 of the
Labor Code, or tends to show that a particular person has violated
Section 3700.5 of the Labor Code.
(b) The property or things or person or persons described in
subdivision (a) may be taken on the warrant from any place, or from
any person in whose possession the property or things may be.
(c) Notwithstanding subdivision (a) or (b), no search warrant
shall issue for any documentary evidence in the possession or under
the control of any person, who is a lawyer as defined in Section 950
of the Evidence Code, a physician as defined in Section 990 of the
Evidence Code, a psychotherapist as defined in Section 1010 of the
Evidence Code, or a member of the clergy as defined in Section 1030
of the Evidence Code, and who is not reasonably suspected of engaging
or having engaged in criminal activity related to the documentary
evidence for which a warrant is requested unless the following
procedure has been complied with:
(1) At the time of the issuance of the warrant the court shall
appoint a special master in accordance with subdivision (d) to
accompany the person who will serve the warrant. Upon service of the
warrant, the special master shall inform the party served of the
specific items being sought and that the party shall have the
opportunity to provide the items requested. If the party, in the
judgment of the special master, fails to provide the items requested,
the special master shall conduct a search for the items in the areas
indicated in the search warrant.
(2) If the party who has been served states that an item or items
should not be disclosed, they shall be sealed by the special master
and taken to court for a hearing.
At the hearing, the party searched shall be entitled to raise any
issues that may be raised pursuant to Section 1538.5 as well as a
claim that the item or items are privileged, as provided by law. The
hearing shall be held in the superior court. The court shall provide
sufficient time for the parties to obtain counsel and make any
motions or present any evidence. The hearing shall be held within
three days of the service of the warrant unless the court makes a
finding that the expedited hearing is impracticable. In that case the
matter shall be heard at the earliest possible time.
If an item or items are taken to court for a hearing, any
limitations of time prescribed in Chapter 2 (commencing with Section
799) of Title 3 of Part 2 shall be tolled from the time of the
seizure until the final conclusion of the hearing, including any
associated writ or appellate proceedings.
(3) The warrant shall, whenever practicable, be served during
normal business hours. In addition, the warrant shall be served upon
a party who appears to have possession or control of the items
sought. If, after reasonable efforts, the party serving the warrant
is unable to locate the person, the special master shall seal and
return to the court, for determination by the court, any item that
appears to be privileged as provided by law.
(d) As used in this section, a "special master" is an attorney who
is a member in good standing of the California State Bar and who has
been selected from a list of qualified attorneys that is maintained
by the State Bar particularly for the purposes of conducting the
searches described in this section. These attorneys shall serve
without compensation. A special master shall be considered a public
employee, and the governmental entity that caused the search warrant
to be issued shall be considered the employer of the special master
and the applicable public entity, for purposes of Division 3.6
(commencing with Section 810) of Title 1 of the Government Code,
relating to claims and actions against public entities and public
employees. In selecting the special master, the court shall make
every reasonable effort to ensure that the person selected has no
relationship with any of the parties involved in the pending matter.
Any information obtained by the special master shall be confidential
and may not be divulged except in direct response to inquiry by the
court.
In any case in which the magistrate determines that, after
reasonable efforts have been made to obtain a special master, a
special master is not available and would not be available within a
reasonable period of time, the magistrate may direct the party
seeking the order to conduct the search in the manner described in
this section in lieu of the special master.
(e) Any search conducted pursuant to this section by a special
master may be conducted in a manner that permits the party serving
the warrant or his or her designee to accompany the special master as
he or she conducts his or her search. However, that party or his or
her designee may not participate in the search nor shall he or she
examine any of the items being searched by the special master except
upon agreement of the party upon whom the warrant has been served.
(f) As used in this section, "documentary evidence" includes, but
is not limited to, writings, documents, blueprints, drawings,
photographs, computer printouts, microfilms, X-rays, files, diagrams,
ledgers, books, tapes, audio and video recordings, films or papers
of any type or description.
(g) No warrant shall issue for any item or items described in
Section 1070 of the Evidence Code.
(h) Notwithstanding any other law, no claim of attorney work
product as described in Chapter 4 (commencing with Section 2018.010)
of Title 4 of Part 4 of the Code of Civil Procedure shall be
sustained where there is probable cause to believe that the lawyer is
engaging or has engaged in criminal activity related to the
documentary evidence for which a warrant is requested unless it is
established at the hearing with respect to the documentary evidence
seized under the warrant that the services of the lawyer were not
sought or obtained to enable or aid anyone to commit or plan to
commit a crime or a fraud.
(i) Nothing in this section is intended to limit an attorney's
ability to request an in camera hearing pursuant to the holding of
the Supreme Court of California in People v. Superior Court (Laff)
(2001) 25 Cal.4th 703.
(j) In addition to any other circumstance permitting a magistrate
to issue a warrant for a person or property in another county, when
the property or things to be seized consist of any item or constitute
any evidence that tends to show a violation of Section 530.5, the
magistrate may issue a warrant to search a person or property located
in another county if the person whose identifying information was
taken or used resides in the same county as the issuing court.



1524.1. (a) The primary purpose of the testing and disclosure
provided in this section is to benefit the victim of a crime by
informing the victim whether the defendant is infected with the HIV
virus. It is also the intent of the Legislature in enacting this
section to protect the health of both victims of crime and those
accused of committing a crime. Nothing in this section shall be
construed to authorize mandatory testing or disclosure of test
results for the purpose of a charging decision by a prosecutor, nor,
except as specified in subdivisions (g) and (i), shall this section
be construed to authorize breach of the confidentiality provisions
contained in Chapter 7 (commencing with Section 120975) of Part 4 of
Division 105 of the Health and Safety Code.
(b) (1) Notwithstanding the provisions of Chapter 7 (commencing
with Section 120975) of Part 4 of Division 105 of the Health and
Safety Code, when a defendant has been charged by complaint,
information, or indictment with a crime, or a minor is the subject of
a petition filed in juvenile court alleging the commission of a
crime, the court, at the request of the victim, may issue a search
warrant for the purpose of testing the accused's blood or oral
mucosal transudate saliva with any HIV test, as defined in Section
120775 of the Health and Safety Code only under the following
circumstances: when the court finds, upon the conclusion of the
hearing described in paragraph (3), or in those cases in which a
preliminary hearing is not required to be held, that there is
probable cause to believe that the accused committed the offense, and
that there is probable cause to believe that blood, semen, or any
other bodily fluid identified by the State Department of Health
Services in appropriate regulations as capable of transmitting the
human immunodeficiency virus has been transferred from the accused to
the victim.
(2) Notwithstanding Chapter 7 (commencing with Section 120975) of
Part 4 of Division 105 of the Health and Safety Code, when a
defendant has been charged by complaint, information, or indictment
with a crime under Section 220, 261, 261.5, 262, 264.1, 266c, 269,
286, 288, 288a, 288.5, 289, or 289.5, or with an attempt to commit
any of the offenses, and is the subject of a police report alleging
the commission of a separate, uncharged offense that could be charged
under Section 220, 261, 261.5, 262, 264.1, 266c, 269, 286, 288,
288a, 288.5, 289, or 289.5, or of an attempt to commit any of the
offenses, or a minor is the subject of a petition filed in juvenile
court alleging the commission of a crime under Section 220, 261,
261.5, 262, 264.1, 266c, 269, 286, 288, 288a, 288.5, 289, or 289.5,
or of an attempt to commit any of the offenses, and is the subject of
a police report alleging the commission of a separate, uncharged
offense that could be charged under Section 220, 261, 261.5, 262,
264.1, 266c, 269, 286, 288, 288a, 288.5, 289, or 289.5, or of an
attempt to commit any of the offenses, the court, at the request of
the victim of the uncharged offense, may issue a search warrant for
the purpose of testing the accused's blood or oral mucosal transudate
saliva with any HIV test, as defined in Section 120775 of the Health
and Safety Code only under the following circumstances: when the
court finds that there is probable cause to believe that the accused
committed the uncharged offense, and that there is probable cause to
believe that blood, semen, or any other bodily fluid identified by
the State Department of Health Services in appropriate regulations as
capable of transmitting the human immunodeficiency virus has been
transferred from the accused to the victim. As used in this
paragraph, "Section 289.5" refers to the statute enacted by Chapter
293 of the Statutes of 1991, penetration by an unknown object.
(3) (A) Prior to the issuance of a search warrant pursuant to
paragraph (1), the court, where applicable and at the conclusion of
the preliminary examination if the defendant is ordered to answer
pursuant to Section 872, shall conduct a hearing at which both the
victim and the defendant have the right to be present. During the
hearing, only affidavits, counter affidavits, and medical reports
regarding the facts that support or rebut the issuance of a search
warrant under paragraph (1) shall be admissible.
(B) Prior to the issuance of a search warrant pursuant to
paragraph (2), the court, where applicable, shall conduct a hearing
at which both the victim and the defendant are present. During the
hearing, only affidavits, counter affidavits, and medical reports
regarding the facts that support or rebut the issuance of a search
warrant under paragraph (2) shall be admissible.
(4) A request for a probable cause hearing made by a victim under
paragraph (2) shall be made before sentencing in the superior court,
or before disposition on a petition in a juvenile court, of the
criminal charge or charges filed against the defendant.
(c) (1) In all cases in which the person has been charged by
complaint, information, or indictment with a crime, or is the subject
of a petition filed in a juvenile court alleging the commission of a
crime, the prosecutor shall advise the victim of his or her right to
make this request. To assist the victim of the crime to determine
whether he or she should make this request, the prosecutor shall
refer the victim to the local health officer for prerequest
counseling to help that person understand the extent to which the
particular circumstances of the crime may or may not have put the
victim at risk of transmission of HIV from the accused, to ensure
that the victim understands both the benefits and limitations of the
current tests for HIV, to help the victim decide whether he or she
wants to request that the accused be tested, and to help the victim
decide whether he or she wants to be tested.
(2) The Department of Justice, in cooperation with the California
District Attorneys Association, shall prepare a form to be used in
providing victims with the notice required by paragraph (1).
(d) If the victim decides to request HIV testing of the accused,
the victim shall request the issuance of a search warrant, as
described in subdivision (b).
Neither the failure of a prosecutor to refer or advise the victim
as provided in this subdivision, nor the failure or refusal by the
victim to seek or obtain counseling, shall be considered by the court
in ruling on the victim's request.
(e) The local health officer shall make provision for
administering all HIV tests ordered pursuant to subdivision (b).
(f) Any blood or oral mucosal transudate saliva tested pursuant to
subdivision (b) shall be subjected to appropriate confirmatory tests
to ensure accuracy of the first test results, and under no
circumstances shall test results be transmitted to the victim or the
accused unless any initially reactive test result has been confirmed
by appropriate confirmatory tests for positive reactors.
(g) The local health officer shall have the responsibility for
disclosing test results to the victim who requested the test and to
the accused who was tested. However, no positive test results shall
be disclosed to the victim or to the accused without also providing
or offering professional counseling appropriate to the circumstances.

(h) The local health officer and victim shall comply with all laws
and policies relating to medical confidentiality subject to the
disclosure authorized by subdivisions (g) and (i). Any individual
who files a false report of ***ual assault in order to obtain test
result information pursuant to this section shall, in addition to any
other liability under law, be guilty of a misdemeanor punishable as
provided in subdivision (c) of Section 120980 of the Health and
Safety Code. Any individual as described in the preceding sentence
who discloses test result information obtained pursuant to this
section shall also be guilty of an additional misdemeanor punishable
as provided for in subdivision (c) of Section 120980 of the Health
and Safety Code for each separate disclosure of that information.
(i) Any victim who receives information from the health officer
pursuant to subdivision (g) may disclose the test results as the
victim deems necessary to protect his or her health and safety or the
health and safety of his or her family or ***ual partner.
(j) Any person transmitting test results or disclosing information
pursuant to this section shall be immune from civil liability for
any actions taken in compliance with this section.
(k) The results of any blood or oral mucosal transudate saliva
tested pursuant to subdivision (b) shall not be used in any criminal
proceeding as evidence of either guilt or innocence.



1524.2. (a) As used in this section, the following terms have the
following meanings:
(1) The terms "electronic communication services" and "remote
computing services" shall be construed in accordance with the
Electronic Communications Privacy Act in Chapter 121 (commencing with
Section 2701) of Part I of Title 18 of the United State Code
Annotated. This section shall not apply to corporations that do not
provide those services to the general public.
(2) An "adverse result" occurs when notification of the existence
of a search warrant results in:
(A) Danger to the life or physical safety of an individual.
(B) A flight from prosecution.
(C) The destruction of or tampering with evidence.
(D) The intimidation of potential witnesses.
(E) Serious jeopardy to an investigation or undue delay of a
trial.
(3) "Applicant" refers to the peace officer to whom a search
warrant is issued pursuant to subdivision (a) of Section 1528.
(4) "California corporation" refers to any corporation or other
entity that is subject to Section 102 of the Corporations Code,
excluding foreign corporations.
(5) "Foreign corporation" refers to any corporation that is
qualified to do business in this state pursuant to Section 2105 of
the Corporations Code.
(6) "Properly served" means that a search warrant has been
delivered by hand, or in a manner reasonably allowing for proof of
delivery if delivered by United States mail, overnight delivery
service, or facsimile to a person or entity listed in Section 2110 of
the Corporations Code.
(b) The following provisions shall apply to any search warrant
issued pursuant to this chapter allowing a search for records that
are in the actual or constructive possession of a foreign corporation
that provides electronic communication services or remote computing
services to the general public, where those records would reveal the
identity of the customers using those services, data stored by, or on
behalf of, the customer, the customer's usage of those services, the
recipient or destination of communications sent to or from those
customers, or the content of those communications.
(1) When properly served with a search warrant issued by the
California court, a foreign corporation subject to this section shall
provide to the applicant, all records sought pursuant to that
warrant within five business days of receipt, including those records
maintained or located outside this state.
(2) Where the applicant makes a showing and the magistrate finds
that failure to produce records within less than five business days
would cause an adverse result, the warrant may require production of
records within less than five business days. A court may reasonably
extend the time required for production of the records upon finding
that the foreign corporation has shown good cause for that extension
and that an extension of time would not cause an adverse result.
(3) A foreign corporation seeking to quash the warrant must seek
relief from the court that issued the warrant within the time
required for production of records pursuant to this section. The
issuing court shall hear and decide that motion no later than five
court days after the motion is filed.
(4) The foreign corporation shall verify the authenticity of
records that it produces by providing an affidavit that complies with
the requirements set forth in Section 1561 of the Evidence Code.
Those records shall be admissible in evidence as set forth in Section
1562 of the Evidence Code.
(c) A California corporation that provides electronic
communication services or remote computing services to the general
public, when served with a warrant issued by another state to produce
records that would reveal the identity of the customers using those
services, data stored by, or on behalf of, the customer, the customer'
s usage of those services, the recipient or destination of
communications sent to or from those customers, or the content of
those communications, shall produce those records as if that warrant
had been issued by a California court.
(d) No cause of action shall lie against any foreign or California
corporation subject to this section, its officers, employees,
agents, or other specified persons for providing records,
information, facilities, or assistance in accordance with the terms
of a warrant issued pursuant to this chapter.



1524.3. (a) A provider of electronic communication service or
remote computing service, as used in Chapter 121 (commencing with
Section 2701) of Title 18 of the United States Code, shall disclose
to a governmental prosecuting or investigating agency the name,
address, local and long distance telephone toll billing records,
telephone number or other subscriber number or identity, and length
of service of a subscriber to or customer of that service, and the
types of services the subscriber or customer utilized, when the
governmental entity is granted a search warrant pursuant to paragraph
(7) of subdivision (a) of Section 1524.
(b) A governmental entity receiving subscriber records or
information under this section is not required to provide notice to a
subscriber or customer.
(c) A court issuing a search warrant pursuant to paragraph (7) of
subdivision (a) of Section 1524, on a motion made promptly by the
service provider, may quash or modify the warrant if the information
or records requested are unusually voluminous in nature or compliance
with the warrant otherwise would cause an undue burden on the
provider.
(d) A provider of wire or electronic communication services or a
remote computing service, upon the request of a peace officer, shall
take all necessary steps to preserve records and other evidence in
its possession pending the issuance of a search warrant or a request
in writing and an affidavit declaring an intent to file a warrant to
the provider. Records shall be retained for a period of 90 days,
which shall be extended for an additional 90-day period upon a
renewed request by the peace officer.
(e) No cause of action shall be brought against any provider, its
officers, employees, or agents for providing information, facilities,
or assistance in good faith compliance with a search warrant.




1525. A search warrant cannot be issued but upon probable cause,
supported by affidavit, naming or describing the person to be
searched or searched for, and particularly describing the property,
thing, or things and the place to be searched.
The application shall specify when applicable, that the place to
be searched is in the possession or under the control of an attorney,
physician, psychotherapist or clergyman.



1526. (a) The magistrate, before issuing the warrant, may examine
on oath the person seeking the warrant and any witnesses the person
may produce, and shall take his or her affidavit or their affidavits
in writing, and cause the affidavit or affidavits to be subscribed by
the party or parties making them.
(b) In lieu of the written affidavit required in subdivision (a),
the magistrate may take an oral statement under oath under one of the
following conditions:
(1) The oath shall be made under penalty of perjury and recorded
and transcribed. The transcribed statement shall be deemed to be an
affidavit for the purposes of this chapter. In these cases, the
recording of the sworn oral statement and the transcribed statement
shall be certified by the magistrate receiving it and shall be filed
with the clerk of the court. In the alternative in these cases, the
sworn oral statement shall be recorded by a certified court reporter
and the transcript of the statement shall be certified by the
reporter, after which the magistrate receiving it shall certify the
transcript which shall be filed with the clerk of the court.
(2) The oath is made using telephone and facsimile transmission
equipment, or made using telephone and electronic mail, as follows:
(A) The oath is made during a telephone conversation with the
magistrate, whereafter the affiant shall sign his or her affidavit in
support of the application for the search warrant. The affiant's
signature shall be in the form of a digital signature if electronic
mail is used for transmission to the magistrate. The proposed search
warrant and all supporting affidavits and attachments shall then be
transmitted to the magistrate utilizing facsimile transmission
equipment or electronic mail.
(B) The magistrate shall confirm with the affiant the receipt of
the search warrant and the supporting affidavits and attachments.
The magistrate shall verify that all the pages sent have been
received, that all pages are legible, and that the affiant's
signature or digital signature is acknowledged as genuine.
(C) If the magistrate decides to issue the search warrant, he or
she shall:
(i) Cause the warrant, supporting affidavit, and attachments to be
printed if received by electronic mail.
(ii) Sign the warrant.
(iii) Note on the warrant the exact date and time of the issuance
of the warrant.
(iv) Indicate on the warrant that the oath of the affiant was
administered orally over the telephone.
The completed search warrant, as signed by the magistrate, shall
be deemed to be the original warrant.
(D) The magistrate shall transmit via facsimile transmission
equipment, or via electronic mail, the signed search warrant to the
affiant who shall telephonically acknowledge its receipt. The
Magistrate shall then telephonically authorize the affiant to write
the words "duplicate original" on the copy of the completed search
warrant transmitted to the affiant and this document shall be deemed
to be a duplicate original search warrant. The original warrant and
any affidavits or attachments in support thereof, and any duplicate
original warrant, shall be returned as provided in Section 1534.




1527. The affidavit or affidavits must set forth the facts tending
to establish the grounds of the application, or probable cause for
believing that they exist.



1528. (a) If the magistrate is thereupon satisfied of the existence
of the grounds of the application, or that there is probable cause
to believe their existence, he or she must issue a search warrant,
signed by him or her with his or her name of office, to a peace
officer in his or her county, commanding him or her forthwith to
search the person or place named for the property or things or person
or persons specified, and to retain the property or things in his or
her custody subject to order of the court as provided by Section
1536.
(b) The magistrate may orally authorize a peace officer to sign
the magistrate's name on a duplicate original warrant. A duplicate
original warrant shall be deemed to be a search warrant for the
purposes of this chapter, and it shall be returned to the magistrate
as provided for in Section 1537. The magistrate shall enter on the
face of the original warrant the exact time of the issuance of the
warrant and shall sign and file the original warrant and the
duplicate original warrant with the clerk of the court as provided
for in Section 1541.


1529. The warrant shall be in substantially the following form:
County of ____.
The people of the State of California to any peace officer in the
County of ____:
Proof, by affidavit, having been this day made before me by
(naming every person whose affidavit has been taken), that (stating
the grounds of the application, according to Section 1524, or, if the
affidavit be not positive, that there is probable cause for
believing that ____ stating the ground of the application in the same
manner), you are therefore commanded, in the daytime (or at any time
of the day or night, as the case may be, according to Section 1533),
to make search on the person of C.D. (or in the house situated ____,
describing it, or any other place to be searched, with reasonable
particularity, as the case may be) for the following property, thing,
things, or person: (describing the property, thing, things, or
person with reasonable particularity); and, in the case of a thing or
things or personal property, if you find the same or any part
thereof, to bring the thing or things or personal property forthwith
before me (or this court) at (stating the place).
Given under my hand, and dated this ____ day of ____, A.D. (year).

E.F., Judge of the (applicable) Court.




1530. A search warrant may in all cases be served by any of the
officers mentioned in its directions, but by no other person, except
in aid of the officer on his requiring it, he being present and
acting in its execution.


1531. The officer may break open any outer or inner door or window
of a house, or any part of a house, or anything therein, to execute
the warrant, if, after notice of his authority and purpose, he is
refused admittance.


1532. He may break open any outer or inner door or window of a
house, for the purpose of liberating a person who, having entered to
aid him in the execution of the warrant, is detained therein, or when
necessary for his own liberation.


1533. Upon a showing of good cause, the magistrate may, in his or
her discretion, insert a direction in a search warrant that it may be
served at any time of the day or night. In the absence of such a
direction, the warrant shall be served only between the hours of 7
a.m. and 10 p.m.
When establishing "good cause" under this section, the magistrate
shall consider the safety of the peace officers serving the warrant
and the safety of the public as a valid basis for nighttime
endorsements.



1534. (a) A search warrant shall be executed and returned within 10
days after date of issuance. A warrant executed within the 10-day
period shall be deemed to have been timely executed and no further
showing of timeliness need be made. After the expiration of 10 days,
the warrant, unless executed, is void. The documents and records of
the court relating to the warrant need not be open to the public
until the execution and return of the warrant or the expiration of
the 10-day period after issuance. Thereafter, if the warrant has
been executed, the documents and records shall be open to the public
as a judicial record.
(b) If a duplicate original search warrant has been executed, the
peace officer who executed the warrant shall enter the exact time of
its execution on its face.
(c) A search warrant may be made returnable before the issuing
magistrate or his court.



1535. When the officer takes property under the warrant, he must
give a receipt for the property taken (specifying it in detail) to
the person from whom it was taken by him, or in whose possession it
was found; or, in the absence of any person, he must leave it in the
place where he found the property.



1536. All property or things taken on a warrant must be retained by
the officer in his custody, subject to the order of the court to
which he is required to return the proceedings before him, or of any
other court in which the offense in respect to which the property or
things taken is triable.


1536.5. (a) If a government agency seizes business records from an
entity pursuant to a search warrant, the entity from which the
records were seized may file a demand on that government agency to
produce copies of the business records that have been seized. The
demand for production of copies of business records shall be
supported by a declaration, made under penalty of perjury, that
denial of access to the records in question will either unduly
interfere with the entity's ability to conduct its regular course of
business or obstruct the entity from fulfilling an affirmative
obligation that it has under the law. Unless the government agency
objects pursuant to subdivision (d), this declaration shall suffice
if it makes a prima facie case that specific business activities or
specific legal obligations faced by the entity would be impaired or
impeded by the ongoing loss of records.
(b) (1) Except as provided in paragraph (2), when a government
agency seizes business records from an entity and is subsequently
served with a demand for copies of those business records pursuant to
subdivision (a), the government agency in possession of those
records shall make copies of those records available to the entity
within 10 court days of the service of the demand to produce copies
of the records.
(2) In the alternative, the agency in possession of the original
records, may in its discretion, make the original records reasonably
available to the entity within 10 court days following the service of
the demand to produce records, and allow the entity reasonable time
to copy the records.
(3) No agency shall be required to make records available at times
other than normal business hours.
(4) If data is recorded in a tangible medium, copies of the data
may be provided in that same medium, or any other medium of which the
entity may make reasonable use. If the data is stored
electronically, electromagnetically, or photo-optically, the entity
may obtain either a copy made by the same process in which the data
is stored, or in the alternative, by any other tangible medium
through which the entity may make reasonable use of the data.
(5) A government agency granting the entity access to the original
records for the purpose of making copies of the records, may take
reasonable steps to ensure the integrity and chain of custody of the
business records.
(6) If the seized records are too voluminous to be reviewed or be
copied in the time period required by subdivision (a), the government
agency that seized the records may file a written motion with the
court for additional time to review the records or make the copies.
This motion shall be made within 10 court days of the service of the
demand for the records. An extension of time under this paragraph
shall not be granted unless the agency establishes that reviewing or
producing copies of the records within the 10 court day time period,
would create a hardship on the agency. If the court grants the
motion, it shall make an order designating a timeframe for the review
and the duplication and return of the business records, deferring to
the entity the priority of the records to be reviewed, duplicated,
and returned first.
(c) If a court finds that a declaration made by an entity as
provided in subdivision (a) is adequate to establish the specified
prima facie case, a government agency may refuse to produce copies of
the business records or to grant access to the original records only
under one or both of the following circumstances:
(1) The court determines by the preponderance of the evidence
standard that denial of access to the business records or copies of
the business records will not unduly interfere with the entity's
ability to conduct its regular course of business or obstruct the
entity from fulfilling an affirmative obligation that it has under
the law.
(2) The court determines by the preponderance of the evidence
standard that possession of the business records by the entity will
pose a significant risk of ongoing criminal activity, or that the
business records are contraband, evidence of criminal conduct by the
entity from which the records were seized, or depict a person under
the age of 18 years personally engaging in or simulating ***ual
conduct, as defined in subdivision (d) of Section 311.4.
(d) A government agency that desires not to produce copies of, or
grant access to, seized business records shall file a motion with the
court requesting an order denying the entity copies of and access to
the records. A motion under this paragraph shall be in writing, and
filed and served upon the entity prior to the expiration of 10 court
days following the service of the demand to produce records
specified in subdivision (a), within any extension of that time
period granted under paragraph (6) of subdivision (b), or as soon as
reasonably possible after discovery of the risk of harm.
(e) A hearing on a motion under subdivision (d) shall be held
within two court days of the filing of the motion, except upon
agreement of the parties.
(f) (1) Upon filing a motion under subdivision (d) opposing a
demand for copies of records, the government agency may file a
request in writing, served upon the demanding entity, that any
showings of why the material should not be copied and released occur
in an ex parte, in camera hearing. If the government agency alleges
in its request for an in camera hearing that the demanding entity is,
or is likely to become, a target of the investigation resulting in
the seizure of records, the court shall hold this hearing outside of
the presence of the demanding entity, and any representatives or
counsel of the demanding entity. If the government agency does not
allege in its request for an in camera hearing that the demanding
entity is, or is likely to become, a target of the investigation
resulting in the seizure of records, the court shall hold the hearing
in camera only upon a particular factual showing by the government
agency in its pleadings that a hearing in open court would impede or
interrupt an ongoing criminal investigation.
(2) At the in camera hearing, any evidence that the government
agency may offer that the release of the material would pose a
significant risk of ongoing criminal activity, impede or interrupt an
ongoing criminal investigation, or both, shall be offered under
oath. A reporter shall be present at the in camera hearing to
transcribe the entirety of the proceedings.
(3) Any transcription of the proceedings at the in camera hearing,
as well as any physical evidence presented at the hearing, shall be
ordered sealed by the court, and only a court may have access to its
contents, unless a court determines that the failure to disclose the
contents of the hearing would deprive the defendant or the people of
a fair trial.
(4) Following the conclusion of the in camera hearing, the court
shall make its ruling in open court, after notice to the demanding
entity.
(g) The reasonable and necessary costs of producing copies of
business records under this section shall be borne by the entity
requesting copies of the records. Either party may request the
court to resolve any dispute regarding these costs.
(h) Any motion under this section shall be filed in the court that
issued the search warrant.
(i) For purposes of this section, the following terms are defined
as follows:
(1) "Seize" means obtaining actual possession of any property
alleged by the entity to contain business records.
(2) "Business" means an entity, sole proprietorship, partnership,
or corporation operating legally in the State of California, that
sells, leases, distributes, creates, or otherwise offers products or
services to customers.
(3) "Business records" means computer data, data compilations,
accounts, books, reports, contracts, correspondence, inventories,
lists, personnel files, payrolls, vendor and client lists, documents,
or papers of the person or business normally used in the regular
course of business, or any other material item of business
recordkeeping that may become technologically feasible in the future.



1537. The officer must forthwith return the warrant to the
magistrate, and deliver to him a written inventory of the property
taken, made publicly or in the presence of the person from whose
possession it was taken, and of the applicant for the warrant, if
they are present, verified by the affidavit of the officer at the
foot of the inventory, and taken before the magistrate at the time,
to the following effect: "I, R.S., the officer by whom this warrant
was executed, do swear that the above inventory contains a true and
detailed account of all the property taken by me on the warrant."



1538. The magistrate must thereupon, if required, deliver a copy of
the inventory to the person from whose possession the property was
taken, and to the applicant for the warrant.



1538.5. (a) (1) A defendant may move for the return of property or
to suppress as evidence any tangible or intangible thing obtained as
a result of a search or seizure on either of the following grounds:
(A) The search or seizure without a warrant was unreasonable.
(B) The search or seizure with a warrant was unreasonable because
any of the following apply:
(i) The warrant is insufficient on its face.
(ii) The property or evidence obtained is not that described in
the warrant.
(iii) There was not probable cause for the issuance of the
warrant.
(iv) The method of execution of the warrant violated federal or
state constitutional standards.
(v) There was any other violation of federal or state
constitutional standards.
(2) A motion pursuant to paragraph (1) shall be made in writing
and accompanied by a memorandum of points and authorities and proof
of service. The memorandum shall list the specific items of property
or evidence sought to be returned or suppressed and shall set forth
the factual basis and the legal authorities that demonstrate why the
motion should be granted.
(b) When consistent with the procedures set forth in this section
and subject to the provisions of Sections 170 to 170.6, inclusive, of
the Code of Civil Procedure, the motion should first be heard by the
magistrate who issued the search warrant if there is a warrant.
(c) (1) Whenever a search or seizure motion is made in the
superior court as provided in this section, the judge or magistrate
shall receive evidence on any issue of fact necessary to determine
the motion.
(2) While a witness is under examination during a hearing pursuant
to a search or seizure motion, the judge or magistrate shall, upon
motion of either party, do any of the following:
(A) Exclude all potential and actual witnesses who have not been
examined.
(B) Order the witnesses not to converse with each other until they
are all examined.
(C) Order, where feasible, that the witnesses be kept separated
from each other until they are all examined.
(D) Hold a hearing, on the record, to determine if the person
sought to be excluded is, in fact, a person excludable under this
section.
(3) Either party may challenge the exclusion of any person under
paragraph (2).
(4) Paragraph (2) does not apply to the investigating officer or
the investigator for the defendant, nor does it apply to officers
having custody of persons brought before the court.
(d) If a search or seizure motion is granted pursuant to the
proceedings authorized by this section, the property or evidence
shall not be admissible against the movant at any trial or other
hearing unless further proceedings authorized by this section,
Section 871.5, 1238, or 1466 are utilized by the people.
(e) If a search or seizure motion is granted at a trial, the
property shall be returned upon order of the court unless it is
otherwise subject to lawful detention. If the motion is granted at a
special hearing, the property shall be returned upon order of the
court only if, after the conclusion of any further proceedings
authorized by this section, Section 1238 or 1466, the property is not
subject to lawful detention or if the time for initiating the
proceedings has expired, whichever occurs last. If the motion is
granted at a preliminary hearing, the property shall be returned upon
order of the court after 10 days unless the property is otherwise
subject to lawful detention or unless, within that time, further
proceedings authorized by this section, Section 871.5 or 1238 are
utilized; if they are utilized, the property shall be returned only
if, after the conclusion of the proceedings, the property is no
longer subject to lawful detention.
(f) (1) If the property or evidence relates to a felony offense
initiated by a complaint, the motion shall be made only upon filing
of an information, except that the defendant may make the motion at
the preliminary hearing, but the motion shall be restricted to
evidence sought to be introduced by the people at the preliminary
hearing.
(2) The motion may be made at the preliminary examination only if,
at least five court days before the date set for the preliminary
examination, the defendant has filed and personally served on the
people a written motion accompanied by a memorandum of points and
authorities as required by paragraph (2) of subdivision (a). At the
preliminary examination, the magistrate may grant the defendant a
continuance for the purpose of filing the motion and serving the
motion upon the people, at least five court days before resumption of
the examination, upon a showing that the defendant or his or her
attorney of record was not aware of the evidence or was not aware of
the grounds for suppression before the preliminary examination.
(3) Any written response by the people to the motion described in
paragraph (2) shall be filed with the court and personally served on
the defendant or his or her attorney of record at least two court
days prior to the hearing at which the motion is to be made.
(g) If the property or evidence relates to a misdemeanor
complaint, the motion shall be made before trial and heard prior to
trial at a special hearing relating to the validity of the search or
seizure. If the property or evidence relates to a misdemeanor filed
together with a felony, the procedure provided for a felony in this
section and Sections 1238 and 1539 shall be applicable.
(h) If, prior to the trial of a felony or misdemeanor, opportunity
for this motion did not exist or the defendant was not aware of the
grounds for the motion, the defendant shall have the right to make
this motion during the course of trial.
(i) If the property or evidence obtained relates to a felony
offense initiated by complaint and the defendant was held to answer
at the preliminary hearing, or if the property or evidence relates to
a felony offense initiated by indictment, the defendant shall have
the right to renew or make the motion at a special hearing relating
to the validity of the search or seizure which shall be heard prior
to trial and at least 10 court days after notice to the people,
unless the people are willing to waive a portion of this time. Any
written response by the people to the motion shall be filed with the
court and personally served on the defendant or his or her attorney
of record at least two court days prior to the hearing, unless the
defendant is willing to waive a portion of this time. If the offense
was initiated by indictment or if the offense was initiated by
complaint and no motion was made at the preliminary hearing, the
defendant shall have the right to fully litigate the validity of a
search or seizure on the basis of the evidence presented at a special
hearing. If the motion was made at the preliminary hearing, unless
otherwise agreed to by all parties, evidence presented at the special
hearing shall be limited to the transcript of the preliminary
hearing and to evidence that could not reasonably have been presented
at the preliminary hearing, except that the people may recall
witnesses who testified at the preliminary hearing. If the people
object to the presentation of evidence at the special hearing on the
grounds that the evidence could reasonably have been presented at the
preliminary hearing, the defendant shall be entitled to an in camera
hearing to determine that issue. The court shall base its ruling on
all evidence presented at the special hearing and on the transcript
of the preliminary hearing, and the findings of the magistrate shall
be binding on the court as to evidence or property not affected by
evidence presented at the special hearing. After the special hearing
is held, any review thereafter desired by the defendant prior to
trial shall be by means of an extraordinary writ of mandate or
prohibition filed within 30 days after the denial of his or her
motion at the special hearing.
(j) If the property or evidence relates to a felony offense
initiated by complaint and the defendant's motion for the return of
the property or suppression of the evidence at the preliminary
hearing is granted, and if the defendant is not held to answer at the
preliminary hearing, the people may file a new complaint or seek an
indictment after the preliminary hearing, and the ruling at the prior
hearing shall not be binding in any subsequent proceeding, except as
limited by subdivision (p). In the alternative, the people may move
to reinstate the complaint, or those parts of the complaint for
which the defendant was not held to answer, pursuant to Section
871.5. If the property or evidence relates to a felony offense
initiated by complaint and the defendant's motion for the return or
suppression of the property or evidence at the preliminary hearing is
granted, and if the defendant is held to answer at the preliminary
hearing, the ruling at the preliminary hearing shall be binding upon
the people unless, upon notice to the defendant and the court in
which the preliminary hearing was held and upon the filing of an
information, the people, within 15 days after the preliminary
hearing, request a special hearing, in which case the validity of the
search or seizure shall be relitigated de novo on the basis of the
evidence presented at the special hearing, and the defendant shall be
entitled, as a matter of right, to a continuance of the special
hearing for a period of time up to 30 days. The people may not
request relitigation of the motion at a special hearing if the
defendant's motion has been granted twice. If the defendant's motion
is granted at a special hearing, the people, if they have additional
evidence relating to the motion and not presented at the special
hearing, shall have the right to show good cause at the trial why the
evidence was not presented at the special hearing and why the prior
ruling at the special hearing should not be binding, or the people
may seek appellate review as provided in subdivision (o), unless the
court, prior to the time the review is sought, has dismissed the case
pursuant to Section 1385. If the case has been dismissed pursuant
to Section 1385, or if the people dismiss the case on their own
motion after the special hearing, the people may file a new complaint
or seek an indictment after the special hearing, and the ruling at
the special hearing shall not be binding in any subsequent
proceeding, except as limited by subdivision (p). If the property or
evidence seized relates solely to a misdemeanor complaint, and the
defendant made a motion for the return of property or the suppression
of evidence in the superior court prior to trial, both the people
and defendant shall have the right to appeal any decision of that
court relating to that motion to the appellate division, in
accordance with the California Rules of Court provisions governing
appeals to the appellate division in criminal cases. If the people
prosecute review by appeal or writ to decision, or any review
thereof, in a felony or misdemeanor case, it shall be binding upon
them.
(k) If the defendant's motion to return property or suppress
evidence is granted and the case is dismissed pursuant to Section
1385, or the people appeal in a misdemeanor case pursuant to
subdivision (j), the defendant shall be released pursuant to Section
1318 if he or she is in custody and not returned to custody unless
the proceedings are resumed in the trial court and he or she is
lawfully ordered by the court to be returned to custody.
If the defendant's motion to return property or suppress evidence
is granted and the people file a petition for writ of mandate or
prohibition pursuant to subdivision (o) or a notice of intention to
file a petition, the defendant shall be released pursuant to Section
1318, unless (1) he or she is charged with a capital offense in a
case where the proof is evident and the presumption great, or (2) he
or she is charged with a noncapital offense defined in Chapter 1
(commencing with Section 187) of Title 8 of Part 1, and the court
orders that the defendant be discharged from actual custody upon
bail.
(l) If the defendant's motion to return property or suppress
evidence is granted, the trial of a criminal case shall be stayed to
a specified date pending the termination in the appellate courts of
this state of the proceedings provided for in this section, Section
871.5, 1238, or 1466 and, except upon stipulation of the parties,
pending the time for the initiation of these proceedings. Upon the
termination of these proceedings, the defendant shall be brought to
trial as provided by Section 1382, and, subject to the provisions of
Section 1382, whenever the people have sought and been denied
appellate review pursuant to subdivision (o), the defendant shall be
entitled to have the action dismissed if he or she is not brought to
trial within 30 days of the date of the order that is the last denial
of the petition. Nothing contained in this subdivision shall
prohibit a court, at the same time as it rules upon the search and
seizure motion, from dismissing a case pursuant to Section 1385 when
the dismissal is upon the court's own motion and is based upon an
order at the special hearing granting the defendant's motion to
return property or suppress evidence. In a misdemeanor case, the
defendant shall be entitled to a continuance of up to 30 days if he
or she intends to file a motion to return property or suppress
evidence and needs this time to prepare for the special hearing on
the motion. In case of an appeal by the defendant in a misdemeanor
case from the denial of the motion, he or she shall be entitled to
bail as a matter of right, and, in the discretion of the trial or
appellate court, may be released on his or her own recognizance
pursuant to Section 1318. In the case of an appeal by the defendant
in a misdemeanor case from the denial of the motion, the trial court
may, in its discretion, order or deny a stay of further proceedings
pending disposition of the appeal.
(m) The proceedings provided for in this section, and Sections
871.5, 995, 1238, and 1466 shall constitute the sole and exclusive
remedies prior to conviction to test the unreasonableness of a search
or seizure where the person making the motion for the return of
property or the suppression of evidence is a defendant in a criminal
case and the property or thing has been offered or will be offered as
evidence against him or her. A defendant may seek further review of
the validity of a search or seizure on appeal from a conviction in a
criminal case notwithstanding the fact that the judgment of
conviction is predicated upon a plea of guilty. Review on appeal may
be obtained by the defendant provided that at some stage of the
proceedings prior to conviction he or she has moved for the return of
property or the suppression of the evidence.
(n) This section establishes only the procedure for suppression of
evidence and return of property, and does not establish or alter any
substantive ground for suppression of evidence or return of
property. Nothing contained in this section shall prohibit a person
from making a motion, otherwise permitted by law, to return property,
brought on the ground that the property obtained is protected by the
free speech and press provisions of the United States and California
Constitutions. Nothing in this section shall be construed as
altering (1) the law of standing to raise the issue of an
unreasonable search or seizure; (2) the law relating to the status of
the person conducting the search or seizure; (3) the law relating to
the burden of proof regarding the search or seizure; (4) the law
relating to the reasonableness of a search or seizure regardless of
any warrant that may have been utilized; or (5) the procedure and law
relating to a motion made pursuant to Section 871.5 or 995, or the
procedures that may be initiated after the granting or denial of a
motion.
(o) Within 30 days after a defendant's motion is granted at a
special hearing in a felony case, the people may file a petition for
writ of mandate or prohibition in the court of appeal, seeking
appellate review of the ruling regarding the search or seizure
motion. If the trial of a criminal case is set for a date that is
less than 30 days from the granting of a defendant's motion at a
special hearing in a felony case, the people, if they have not filed
a petition and wish to preserve their right to file a petition, shall
file in the superior court on or before the trial date or within 10
days after the special hearing, whichever occurs last, a notice of
intention to file a petition and shall serve a copy of the notice
upon the defendant.
(p) If a defendant's motion to return property or suppress
evidence in a felony matter has been granted twice, the people may
not file a new complaint or seek an indictment in order to relitigate
the motion or relitigate the matter de novo at a special hearing as
otherwise provided by subdivision (j), unless the people discover
additional evidence relating to the motion that was not reasonably
discoverable at the time of the second suppression hearing.
Relitigation of the motion shall be heard by the same judge who
granted the motion at the first hearing if the judge is available.
(q) The amendments to this section enacted in the 1997 portion of
the 1997-98 Regular Session of the Legislature shall apply to all
criminal proceedings conducted on or after January 1, 1998.




1539. (a) If a special hearing is held in a felony case pursuant to
Section 1538.5, or if the grounds on which the warrant was issued
are controverted and a motion to return property is made (i) by a
defendant on grounds not covered by Section 1538.5, (ii) by a
defendant whose property has not been offered or will not be offered
as evidence against the defendant, or (iii) by a person who is not a
defendant in a criminal action at the time the hearing is held, the
judge or magistrate shall proceed to take testimony in relation
thereto, and the testimony of each witness shall be reduced to
writing and authenticated by a shorthand reporter in the manner
prescribed in Section 869.
(b) The reporter shall forthwith transcribe the reporter's
shorthand notes pursuant to this section if any party to a special
hearing in a felony case files a written request for its preparation
with the clerk of the court in which the hearing was held. The
reporter shall forthwith file in the superior court an original and
as many copies thereof as there are defendants (other than a
fictitious defendant) or persons aggrieved. The reporter is entitled
to compensation in accordance with the provisions of Section 869.
In every case in which a transcript is filed as provided in this
section, the clerk of the court shall deliver the original of the
transcript so filed to the district attorney immediately upon receipt
thereof and shall deliver a copy of the transcript to each defendant
(other than a fictitious defendant) upon demand without cost to the
defendant.
(c) Upon a motion by a defendant pursuant to this chapter, the
defendant is entitled to discover any previous application for a
search warrant in the case which was refused by a magistrate for lack
of probable cause.



1540. If it appears that the property taken is not the same as that
described in the warrant, or that there is no probable cause for
believing the existence of the grounds on which the warrant was
issued, the magistrate must cause it to be restored to the person
from whom it was taken.



1541. The magistrate must annex the affidavit, or affidavits, the
search warrant and return, and the inventory, and if he has not power
to inquire into the offense in respect to which the warrant was
issued, he must at once file such warrant and return and such
affidavit, or affidavits, and inventory with the clerk of the court
having power to so inquire.



1542. When a person charged with a felony is supposed by the
magistrate before whom he is brought to have on his person a
dangerous weapon, or anything which may be used as evidence of the
commission of the offense, the magistrate may direct him to be
searched in his presence, and the weapon or other thing to be
retained, subject to his order, or to the order of the Court in which
the defendant may be tried.
1543. (a) Records of the identity, diagnosis, prognosis, or
treatment of any patient maintained by a health care facility which
are not privileged records required to be secured by the special
master procedure in Section 1524, or records required by law to be
confidential, shall only be disclosed to law enforcement agencies
pursuant to this section:
(1) In accordance with the prior written consent of the patient;
or
(2) If authorized by an appropriate order of a court of competent
jurisdiction in the county where the records are located, granted
after application showing good cause therefor. In assessing good
cause, the court:
(A) Shall weigh the public interest and the need for disclosure
against the injury to the patient, to the physician-patient
relationship, and to the treatment services;
(B) Shall determine that there is a reasonable likelihood that the
records in question will disclose material information or evidence
of substantial value in connection with the investigation or
prosecution; or
(3) By a search warrant obtained pursuant to Section 1524.
(b) The prohibitions of this section continue to apply to records
concerning any individual who has been a patient, irrespective of
whether or when he or she ceases to be a patient.
(c) Except where an extraordinary order under Section 1544 is
granted or a search warrant is obtained pursuant to Section 1524, any
health care facility whose records are sought under this chapter
shall be notified of the application and afforded an opportunity to
appear and be heard thereon.
(d) Both disclosure and dissemination of any information from the
records shall be limited under the terms of the order to assure that
no information will be unnecessarily disclosed and that dissemination
will be no wider than necessary.
This chapter shall not apply to investigations of fraud in the
provision or receipt of Medi-Cal benefits, investigations of
insurance fraud performed by the Department of Insurance or the
California Highway Patrol, investigations of workers' compensation
insurance fraud performed by the Department of Corrections and
conducted by peace officers specified in paragraph (2) of subdivision
(d) of Section 830.2, and investigations and research regarding
occupational health and safety performed by or under agreement with
the Department of Industrial Relations. Access to medical records in
these investigations shall be governed by all laws in effect at the
time access is sought.
(e) Nothing in this chapter shall prohibit disclosure by a medical
facility or medical provider of information contained in medical
records where disclosure to specific agencies is mandated by statutes
or regulations.
(f) This chapter shall not be construed to authorize disclosure of
privileged records to law enforcement agencies by the procedure set
forth in this chapter, where the privileged records are required to
be secured by the special master procedure set forth in subdivision
(c) of Section 1524 or required by law to be confidential.



1544. A law enforcement agency applying for disclosure of patient
records under Section 1543 may petition the court for an
extraordinary order delaying the notice of the application to the
health care facility required by subdivision (f) of Section 1543 for
a period of 30 days, upon a showing of good cause to believe that
notice would seriously impede the investigation.



1545. For the purposes of this chapter:
(a) "Health care facility" means any clinic, health dispensary, or
health facility, licensed pursuant to Division 2 (commencing with
Section 1200) of the Health and Safety Code, or any mental hospital,
drug abuse clinic, or detoxification center.
(b) "Law enforcement agency" means the Attorney General of the
State of California, every district attorney, and every agency of the
State of California expressly authorized by statute to investigate
or prosecute law violators.

[هيثم الفقى]

1547. (a) The Governor may offer a reward of not more than fifty
thousand dollars ($50,000), payable out of the General Fund, for
information leading to the arrest and conviction of any of the
following:
(1) Any convict who has escaped from a state prison, prison camp,
prison farm, or the custody of any prison officer or employee or as
provided in Section 3059 or 4530.
(2) Any person who has committed, or is charged with the
commission of, an offense punishable by death.
(3) (A) Any person engaged in the robbery or hijacking of, or any
attempt to rob or hijack, any person upon or in charge of, in whole
or in part, any public conveyance engaged at the time in carrying
passengers within this state.
(B) As used in this paragraph, "hijacking" means an unauthorized
person causing, or attempting to cause, by violence or threat of
violence, a public conveyance to go to an unauthorized destination.
(4) Any person who attempts to murder either in the first or
second degree, assaults with a deadly weapon, or inflicts serious
bodily harm upon a peace officer or firefighter who is acting in the
line of duty.
(5) Any person who has committed a crime involving the burning or
bombing of public or private property, including any public hospital
housed in a privately owned facility.
(6) Any person who has committed a crime involving the burning or
bombing of any private hospital. A reward may be offered by the
Governor in conjunction with that crime only if a reward in
conjunction with the same crime is offered by the hospital, or any
other public or private donor on its behalf. The amount of the
reward offered by the Governor shall not exceed the aggregate amount
offered privately, or fifty thousand dollars ($50,000), whichever is
less. Nothing in this paragraph shall preclude a private hospital,
or any public or private donor on its behalf, from offering a reward
in an amount exceeding fifty thousand dollars ($50,000). If a person
providing information for a reward under this paragraph so requests,
his or her name and address shall remain confidential. This
confidentiality, however, shall not preclude or obstruct the
investigations of law enforcement authorities.
(7) Any person who commits a violation of Section 11413.
(8) Any person who commits a violation of Section 207.
(9) Any person who has committed a crime involving the burning or
bombing of any bookstore or public or private library not subject to
Section 11413. A reward may be offered by the Governor in
conjunction with that crime only if a reward in conjunction with the
same crime is offered by the bookstore or library, or any other
public or private donor on its behalf. The amount of the reward
offered by the Governor shall not exceed the aggregate amount offered
privately, or fifty thousand dollars ($50,000), whichever is less.
Nothing in this paragraph shall preclude a bookstore or public or
private library, or any public or private donor on its behalf, from
offering a reward in an amount exceeding fifty thousand dollars
($50,000). If a person providing information for a reward under this
paragraph so requests, his or her name and address shall remain
confidential. This confidentiality, however, shall not preclude or
obstruct the investigations of law enforcement authorities.
(10) Any person who commits a violation of Section 454 or 463.
(11) Any person who willfully and maliciously sets fire to, or who
attempts to willfully and maliciously set fire to, any property that
is included within a hazardous fire area designated by the State
Board of Forestry and Fire Protection pursuant to Section 4252 of the
Public Resources Code or by the Director of Forestry and Fire
Protection pursuant to Section 4253 of the Public Resources Code, if
the fire, or attempt to set a fire, results in death or great bodily
injury to anyone, including fire protection personnel, or if the fire
causes substantial structural damage.
(12) Any person who has committed, or is charged with the
commission of, a felony that is punishable under Section 422.75 and
that resulted in serious bodily injury or in property damage of more
than ten thousand dollars ($10,000).
(13) Any person who commits an act that violates Section 11411, if
the Governor determines that the act is one in a series of similar
or related acts committed in violation of that section by the same
person or group.
(b) The Governor may offer a reward of not more than one hundred
thousand dollars ($100,000) for information leading to the arrest and
conviction of any person who kills a peace officer or firefighter
who is acting in the line of duty.
(c) The Governor may offer a reward of not more than one hundred
thousand dollars ($100,000), payable out of the General Fund, for
information leading to the arrest and conviction of any person who
commits arson upon a place of worship.
(d) The reward shall be paid to the person giving the information,
promptly upon the conviction of the person so arrested, after a
recommendation from the United States Attorney, or the California
Attorney General, or the district attorney and the chief law
enforcement officer, or his or her designate, in the jurisdiction
where the crime occurred. Rewards shall only be paid to the person
if the information is given voluntarily, at the person's own
initiative. Rewards shall not be paid as part of any plea bargain.
(e) The reward may also be paid to the person giving the
information if both of the following are met:
(1) The arrest or conviction of the person for an offense
described in subdivision (a), (b), or (c) is rendered impossible by
an intervening event, including, but not limited to, the death of the
person during a pursuit by law enforcement, or while in custody.
(2) The appropriate law enforcement officials, after reviewing the
evidence related to the crime or crimes, determine that the person
is the individual responsible for the crime or crimes for which the
reward was offered, and that the information would have reasonably
led to the arrest and conviction of that person.
(f) If more than one claimant is eligible for any reward issued
pursuant to this section, the Governor may apportion the reward money
in a manner the Governor deems appropriate.



1548. As used in this chapter:
(a) "Governor" means any person performing the functions of
Governor by authority of the law of this State.
(b) "Executive authority" means the Governor or any person
performing the functions of Governor in a State other than this
State.
(c) "State," referring to a State other than the State of
California, means any other State or Territory, organized or
unorganized, of the United States of America.
(d) "Laws of the United States" means: (1) those laws of the
United States passed by Congress pursuant to authority given to
Congress by the Constitution of the United States where the laws of
the United States are controlling, and (2) those laws of the United
States not controlling the several States of the United States but
which are not in conflict with the provisions of this chapter.



1548.1. Subject to the provisions of this chapter, the Constitution
of the United States, and the laws of the United States, it is the
duty of the Governor of this State to have arrested and delivered up
to the executive authority of any other State any person charged in
that State with treason, felony, or other crime, who has fled from
justice and is found in this State.



1548.2. No demand for the extradition of a person charged with
crime in another State shall be recognized by the Governor unless it
is in writing alleging that the accused was present in the demanding
State at the time of the commission of the alleged crime, and that
thereafter he fled from that State. Such demand shall be accompanied
by a copy of an indictment found or by information or by a copy of an
affidavit made before a magistrate in the demanding State together
with a copy of any warrant which was issued thereon; or such demand
shall be accompanied by a copy of a judgment of conviction or of a
sentence imposed in execution thereof, together with a statement by
the executive authority of the demanding State that the person
claimed has escaped from confinement or has violated the terms of his
bail, probation or parole. The indictment, information, or
affidavit made before the magistrate must substantially charge the
person demanded with having committed a crime under the law of that
State; and the copy of indictment, information, affidavit, judgment
of conviction or sentence must be certified as authentic by the
executive authority making the demand.



1548.3. When a demand is made upon the Governor of this State by
the executive authority of another State for the surrender of a
person so charged with crime, the Governor may call upon the Attorney
General or any district attorney in this State to investigate or
assist in investigating the demand, and to report to him the
situation and circumstances of the person so demanded, and whether he
ought to be surrendered according to the provision of this chapter.



1549. When it is desired to have returned to this state a person
charged in this state with a crime, and the person is imprisoned or
is held under criminal proceedings then pending against him or her in
another state, the Governor of this state may agree with the
executive authority of the other state for the extradition of the
person before the conclusion of the proceedings or his or her term
of sentence in the other state, upon the condition that the person be
returned to the other state at the expense of this state as soon as
the prosecution in this state is terminated.
The Governor of this state may also surrender on demand of the
executive authority of any other state any person in this state who
is charged in the manner provided in Section 1548.2 with having
violated the laws of the demanding state even though such person left
the demanding state involuntarily.



1549.1. The Governor of this state may also surrender, on demand of
the executive authority of any other state, any person in this state
charged in the other state in the manner provided in Section 1548.2
with committing an act in this state, or in a third state,
intentionally resulting in a crime in the state whose executive
authority is making the demand. The provisions of this chapter, not
otherwise inconsistent, shall apply to those cases, even though the
accused was not in the demanding state at the time of the commission
of the crime, and has not fled therefrom. Neither the demand, the
oath, nor any proceedings under this chapter pursuant to this section
need state or show that the accused has fled from justice from, or
at the time of the commission of the crime was in, the demanding or
other state.



1549.2. If a demand conforms to the provisions of this chapter, the
Governor or agent authorized in writing by the Governor whose
authorization has been filed with the Secretary of State shall sign a
warrant of arrest, which shall be sealed with the State Seal, and
shall be directed to any peace officer or other person whom he may
entrust with the execution thereof. The warrant must substantially
recite the facts necessary to the validity of its issuance. The
provisions of Section 850 shall be applicable to such warrant, except
that it shall not be necessary to include a warrant number, address,
or description of the subject, provided that a complaint under
Section 1551 is then pending against the subject.



1549.3. Such warrant shall authorize the peace officer or other
person to whom it is directed:
(a) To arrest the accused at any time and any place where he may
be found within the State;
(b) To command the aid of all peace officers or other persons in
the execution of the warrant; and
(c) To deliver the accused, subject to the provisions of this
chapter, to the duly authorized agent of the demanding State.



1550. Every peace officer or other person empowered to make the
arrest hereunder shall have the same authority, in arresting the
accused, to command assistance therefor as the persons designated in
Section 150. Failure or refusal to render that assistance is a
violation of Section 150.



1550.1. No person arrested upon such warrant shall be delivered
over to the agent of the executive authority demanding him unless he
is first taken forthwith before a magistrate, who shall inform him of
the demand made for his surrender, and of the crime with which he is
charged, and that he has the right to demand and procure counsel.
If the accused or his counsel desires to test the legality of the
arrest, the magistrate shall remand the accused to custody, and fix a
reasonable time to be allowed him within which to apply for a writ
of habeas corpus. If the writ is denied, and probable cause appears
for an application for a writ of habeas corpus to another court, or
justice or judge thereof, the order denying the writ shall remand the
accused to custody, and fix a reasonable time within which the
accused may again apply for a writ of habeas corpus. When an
application is made for a writ of habeas corpus as contemplated by
this section, a copy of the application shall be served as provided
in Section 1475, upon the district attorney of the county in which
the accused is in custody, and upon the agent of the demanding state.
A warrant issued in accordance with the provisions of Section
1549.2 shall be presumed to be valid, and unless a court finds that
the person in custody is not the same person named in the warrant, or
that the person is not a fugitive from justice, or otherwise subject
to extradition under Section 1549.1, or that there is no criminal
charge or criminal proceeding pending against the person in the
demanding state, or that the documents are not on their face in
order, the person named in the warrant shall be held in custody at
all times, and shall not be eligible for release on bail.



1550.2. Any officer or other person entrusted with a Governor's
warrant who delivers to the agent of the demanding State a person in
his custody under such Governor's warrant, in wilful disobedience to
the preceding section, is guilty of a misdemeanor and, on conviction
thereof, shall be fined not more than $1,000 or be imprisoned not
more than six months, or both.



1550.3. The officer or persons executing the Governor's warrant of
arrest, or the agent of the demanding State to whom the prisoner has
been delivered may confine the prisoner in the jail of any county or
city through which he may pass. The keeper of such jail must receive
and safely keep the prisoner until the officer or person having
charge of him is ready to proceed on his route. Such officer or
person shall be charged with the expense of keeping the prisoner.
The officer or agent of a demanding State to whom a prisoner has
been delivered following extradition proceedings in another State, or
to whom a prisoner has been delivered after waiving extradition in
such other State, and who is passing through this State with such a
prisoner for the purpose of immediately returning such prisoner to
the demanding State may confine the prisoner in the jail of any
county or city through which he may pass. The keeper of such jail
must receive and safely keep the prisoner until the officer or agent
having charge of him is ready to proceed on his route. Such officer
or agent shall be charged with the expense of keeping the prisoner.
Such officer or agent shall produce and show to the keeper of such
jail satisfactory written evidence of the fact that he is actually
transporting such prisoner to the demanding State after a requisition
by the executive authority thereof. Such prisoner shall not be
entitled to demand a new requisition while in this State.



1551. (a) Whenever any person within this State is charged by a
verified complaint before any magistrate of this State with the
commission of any crime in any other State, or, with having been
convicted of a crime in that State and having escaped from
confinement, or having violated the terms of his bail, probation or
parole; or (b) whenever complaint is made before any magistrate in
this State setting forth on the affidavit of any credible person in
another State that a crime has been committed in such other State and
that the accused has been charged in such State with the commission
of the crime, or that the accused has been convicted of a crime in
that State and has escaped from bail, probation or parole and is
believed to be in this State; then the magistrate shall issue a
warrant directed to any peace officer commanding him to apprehend the
person named therein, wherever he may be found in this State, and to
bring him before the same or any other magistrate who is available
in or convenient of access to the place where the arrest is made. A
certified copy of the sworn charge or complaint and affidavit upon
which the warrant is issued shall be attached to the warrant.



1551.05. (a) Any person on outpatient status pursuant to Title 15
(commencing with Section 1600) of Part 2 or pursuant to subdivision
(d) of Section 2972 who leaves this state without complying with
Section 1611, or who fails to return to this state on the date
specified by the committing court, shall be subject to extradition in
accordance with this section.
(b) When the return to this state is required by a person who is
subject to extradition pursuant to subdivision (a), the Director of
Mental Health shall present to the Governor a written application for
requisition for the return of that person. In the requisition
application there shall be stated the name of the person, the type of
judicial commitment the person is under, the nature of the
underlying criminal act which was the basis for the judicial
commitment, the circumstances of the noncompliance with Section 1611,
and the state in which the person is believed to be, including the
specific location of the person, if known.
(c) The application shall be verified, shall be executed in
duplicate, and shall be accompanied by two certified copies of the
court order of judicial commitment and of the court order authorizing
outpatient status. The director may also attach any affidavits or
other documents in duplicate as are deemed proper to be submitted
with the application. One copy of the application, with the action
of the Governor indicated by endorsement thereon, and one copy of the
court orders shall be filed in the office of the Secretary of State.
The other copies of all papers shall be forwarded with the Governor'
s requisition.
(d) Upon receipt of an application under this section, the
Governor or agent authorized in writing by the Governor whose
authorization has been filed with the Secretary of State, may sign a
requisition for the return of the person.



1551.1. The arrest of a person may also be lawfully made by any
peace officer, without a warrant, upon reasonable information that
the accused stands charged in the courts of any other state with a
crime punishable by death or imprisonment for a term exceeding one
year, or that the person has been convicted of a crime punishable in
the state of conviction by imprisonment for a term exceeding one year
and thereafter escaped from confinement or violated the terms of his
or her bail, probation or parole. When so arrested the accused
shall be taken before a magistrate with all practicable speed and
complaint shall be made against him or her under oath setting forth
the ground for the arrest as in Section 1551.


1551.2. At the initial appearance of a person arrested under
Section 1551 or 1551.1, he shall be informed of the reason for his
arrest and of his right to demand and procure counsel. If the person
denies that he is the same person charged with or convicted of a
crime in the other state, a hearing shall be held within 10 days to
determine whether there is probable cause to believe that he is the
same person and whether he is charged with or convicted of a crime in
the other state. At the hearing, the magistrate shall accept a
certified copy of an indictment found, an information, a verified
complaint, a judgment or sentence, or other judicial proceedings
against that person in the state in which the crime is charged or the
conviction occurred, and such copy shall constitute conclusive proof
of its contents. Witnesses from the other state shall not be
required to be present at the hearing.



1551.3. Immediately upon the arrest of the person charged, the
magistrate must give notice thereof to the district attorney. The
district attorney must immediately thereafter give notice to the
executive authority of the State, or to the prosecuting attorney or
presiding judge of the court of the city or county within the State
having jurisdiction of the offense, to the end that a demand may be
made for the arrest and surrender of the person charged.



1552. If at the hearing before the magistrate, it appears that the
accused is the person charged with having committed the crime
alleged, the magistrate must, by a warrant reciting the accusation,
commit him to the county jail for such a time, not exceeding thirty
days and specified in the warrant, as will enable the arrest of the
accused to be made under a warrant of the Governor on a requisition
of the executive authority of the State having jurisdiction of the
offense, unless the accused give bail as provided in section 1552.1,
or until he shall be legally discharged.



1552.1. Unless the offense with which the prisoner is charged, is
shown to be an offense punishable by death or life imprisonment under
the laws of the state in which it was committed, or it is shown that
the prisoner is alleged to have escaped or violated the terms of his
parole following conviction of a crime punishable in the state of
conviction by imprisonment for a term exceeding one year, the
magistrate may admit the person arrested to bail by bond or
undertaking, with sufficient sureties, and in such sum as he deems
proper, conditioned upon the appearance of such person before him at
a time specified in such bond or undertaking, and for his surrender
upon the warrant of the Governor of this state. Nothing in this
section or in Section 1553 shall be deemed to prevent the immediate
service of a Governor's warrant issued under Section 1549.2.



1552.2. If the accused is not arrested under warrant of the
Governor by the expiration of the time specified in the warrant,
bond, or undertaking, a magistrate may discharge him or may recommit
him for a further period of 60 days. In the latter event a justice
of the Supreme Court or court of appeal or a judge of the superior
court may again take bail for his appearance and surrender, as
provided in Section 1552.1 but within a period not to exceed 60 days
after the date of such new bond or undertaking.



1553. If the prisoner is admitted to bail, and fails to appear and
surrender himself according to the conditions of his bond, the
magistrate, by proper order, shall declare the bond forfeited and
order his immediate arrest without warrant if he be within this
State. Recovery may be had on such bond in the name of the people of
the State as in the case of other bonds or undertakings given by a
defendant in criminal proceedings.



1553.1. (a) If a criminal prosecution has been instituted against a
person charged under Section 1551 under the laws of this state and
is still pending, the Governor, with the consent of the Attorney
General, may surrender the person on demand of the executive
authority of another state or hold him or her until he or she has
been tried and discharged or convicted and served his or her sentence
in this state.
(b) If a criminal prosecution has been instituted under the laws
of this state against a person charged under Section 1551, the
restrictions on the length of commitment contained in Sections 1552
and 1552.2 shall not be applicable during the period that the
criminal prosecution is pending in this state.




1553.2. The guilt or innocence of the accused as to the crime with
which he is charged may not be inquired into by the Governor or in
any proceeding after the demand for extradition accompanied by a
charge of crime in legal form as above provided has been presented to
the Governor, except as such inquiry may be involved in identifying
the person held as the person charged with the crime.



1554. The Governor may recall his warrant of arrest or may issue
another warrant whenever he deems it proper.



1554.1. Whenever the Governor of this State shall demand the return
of a person charged with crime in this State or with escaping from
confinement or violating the terms of his bail, probation or parole
in this State, from the executive authority of any other State or of
any foreign government or the chief justice or an associate justice
of the Supreme Court of the District of Columbia authorized to
receive such demand, he shall issue a warrant under the seal of this
State to an agent, commanding him to receive the person so demanded
and to convey him to the proper officer in the county in this State
in which the offense was committed.



1554.2. (a) When the return to this state of a person charged with
crime in this state is required, the district attorney shall present
to the Governor his written application for a requisition for the
return of the person charged. In such application there shall be
stated the name of the person so charged, the crime charged against
him, the approximate time, place and circumstances of its commission,
and the state in which he is believed to be, including the location
of the accused therein at the time the application is made. Such
application shall certify that, in the opinion of the district
attorney, the ends of justice require the arrest and return of the
accused to this state for trial and that the proceeding is not
instituted to enforce a private claim.
(b) When the return to this state is required of a person who has
been convicted of a crime in this state and who has escaped from
confinement or has violated the terms of his bail, probation or
parole the district attorney of the county in which the offense was
committed, the Board of Prison Terms, the Director of Corrections,
the California Institution for Women, the Youth Authority, or the
sheriff of the county from which escape from confinement was made,
shall present to the Governor a written application for a requisition
for the return of such person. In such application there shall be
stated the name of the person, the crime of which he was convicted,
the circumstances of his escape or of the violation of the terms of
his bail, probation or parole, and the state in which he is believed
to be, including the location of such person therein at the time
application is made.
(c) The application shall be verified, shall be executed in
duplicate, and shall be accompanied by two certified copies of the
indictment, the information, or the verified complaint made to the
magistrate stating the offense with which the accused is charged, or
the judgment of conviction or the sentence. The officer or board
requesting the requisition may also attach such affidavits and other
documents in duplicate as are deemed proper to be submitted with such
application. One copy of the application, with the action of the
Governor indicated by endorsement thereon, and one of the certified
copies of the indictment, verified complaint, information, or
judgment of conviction or sentence shall be filed in the office of
the Secretary of State. The other copies of all papers shall be
forwarded with the Governor's requisition.
(d) Upon receipt of an application under this section, the
Governor or agent authorized in writing by the Governor whose
authorization has been filed with the Secretary of State, may sign a
requisition for the return of the person charged and any other
document incidental to that requisition or to the return of the
person charged.


1555. A person brought into this State on, or after waiver of
extradition based on a criminal charge shall not be subject to
service of process in civil actions arising out of the same facts as
the criminal proceedings for which he is returned, until he has been
convicted in the criminal proceeding, or, if acquitted, until he has
had reasonable opportunity to return to the State from which he was
extradited.



1555.1. Any person arrested in this state charged with having
committed any crime in another state or alleged to have escaped from
confinement, or broken the terms of his or her bail, probation or
parole may waive the issuance and service of the Governor's warrant
provided for in this chapter and all other procedure incidental to
extradition proceedings, by subscribing in the presence of a
magistrate within this state a writing which states that he or she
consents to return to the demanding state; provided, however, that
before such waiver shall be subscribed by such person, the magistrate
shall inform him or her of his or her rights to require the issuance
and service of a warrant of extradition as provided in this chapter.

If such waiver is executed, it shall forthwith be forwarded to the
office of the Governor of this state, and filed therein. The
magistrate shall remand the person to custody without bail, unless
otherwise stipulated by the district attorney with the concurrence of
the other state, and shall direct the officer having such person in
custody to deliver such person forthwith to the duly authorized
agent of the demanding state, and shall deliver to such agent a copy
of such waiver.
Nothing in this section shall be deemed to limit the rights of the
accused person to return voluntarily and without formality to the
demanding state, provided that state consents, nor shall this
procedure of waiver be deemed to be an exclusive procedure or to
limit the powers, rights or duties of the officers of the demanding
state or of this state.


1555.2. (a) If the arrested person refuses to sign a waiver of
extradition under Section 1555.1, a hearing shall be held, upon
application of the district attorney, to determine whether the person
is alleged to have violated the terms of his release within the past
five years on bail or own recognizance while charged with a crime
punishable in the charging state by imprisonment for a term exceeding
one year, or on probation or parole following conviction of a crime
punishable in the state of conviction by imprisonment for a term
exceeding one year, and whether, as a condition of that release, the
person was required to waive extradition.
(b) At the hearing, the district attorney shall present a
certified copy of the order from the other state conditionally
releasing the person, including the condition that he was required to
waive extradition together with a certified copy of the order from
the other state directing the return of the person for violating the
terms of his conditional release. The magistrate shall accept these
certified copies as conclusive proof of their contents and shall
presume the validity of the extradition waiver condition.
(c) If the magistrate finds that there is probable cause to
believe that the arrested person is the same person named in the
conditional release order and the order commanding his return, the
magistrate shall forthwith issue an order remanding the person to
custody without bail and directing the delivery of the person to duly
accredited agents of the other state.
(d) Notwithstanding the provisions of subdivision (c), the
district attorney may stipulate, with the concurrence of the other
state, that the arrested person may be released on bail or own
recognizance pending the arrival of duly accredited agents from the
other state.
(e) If the arrested person or his counsel desires to test the
legality of the order issued under subdivision (c), the magistrate
shall fix a reasonable time to be allowed him within which to apply
for a writ of habeas corpus. If the writ is denied and probable
cause appears for an application for a writ of habeas corpus to
another court, or justice or judge thereof, the order denying the
writ shall fix a reasonable time within which the accused may again
apply for a writ of habeas corpus. Unless otherwise stipulated
pursuant to subdivision (d), the arrested person shall remain in
custody without bail.



1555.3. Nothing in this chapter shall be deemed to constitute a
waiver by this state of its right, power or privilege to try any
demanded person for crime committed within this state, or of its
right, power or privilege to regain custody of such person by
extradition proceedings or otherwise for the purpose of trial,
sentence or punishment for any crime committed within this state; nor
shall any proceedings had under this chapter which result in, or
fail to result in, extradition be deemed a waiver by this state of
any of its rights, privileges or jurisdiction in any manner
whatsoever.



1556. After a person has been brought back to this State by
extradition proceedings, he may be tried in this State for other
crimes which he may be charged with having committed in this State as
well as for the crime or crimes specified in the requisition for his
extradition.



1556.1. The provisions of this chapter shall be so interpreted and
construed as to effectuate its general purposes to make uniform the
law of those states which enact legislation based upon the Uniform
Criminal Extradition Act.


1556.2. This chapter may be cited as the Uniform Criminal
Extradition Act.


1557. (a) This section shall apply when this state, or a city,
county, or city and county employs a person to travel to a foreign
jurisdiction outside this state for the express purpose of returning
a fugitive from justice to this state when the Governor of this
state, in the exercise of the authority conferred by Section 2,
Article IV, of the Constitution of the United States, or by the laws
of this state, has demanded the surrender of such fugitive from the
executive authority of any state of the United States, or of any
foreign government.
(b) Upon the approval of the Governor, the State Controller shall
audit and pay out of the State Treasury as provided in subdivision
(c) or (d) the accounts of the person employed to bring back such
fugitive, including any money paid by such person for all of the
following:
(1) Money paid to the authorities of a sister state for statutory
fees in connection with the detention and surrender of such fugitive.

(2) Money paid to the authorities of the sister state for the
subsistence of the fugitive while detained by such sister state
without payment of which, the authorities of such state refuse to
surrender such fugitive.
(3) Where it is necessary to present witnesses or evidence in the
sister state, without which the sister state would not surrender the
fugitive, the cost of producing such witnesses or evidence in the
sister state.
(4) Where the appearance of witnesses has been authorized in
advance by the Governor, who may authorize such appearance in unusual
cases where the interests of justice would be served, the cost of
producing witnesses to appear in the sister state on behalf of the
fugitive in opposition to his extradition.
(c) No amount shall be paid out of the State Treasury to a city,
county, or city and county except as specified herein. (1) When a
warrant has been issued by any magistrate after the filing of a
complaint or the finding of an indictment and its presentation to the
court and filing by the clerk, and the person named therein as
defendant is a fugitive from justice, who has been found and arrested
in any state of the United States or in any foreign government, the
county auditor shall draw his warrant and the county treasurer shall
pay to the person designated to return the fugitive, the amount of
expenses estimated by the district attorney to be incurred in the
return of such fugitive.
(2) If the person designated to return the fugitive is a city
officer, the city officer authorized to draw warrants on the city
treasury shall draw his warrant and the city treasurer shall pay to
such person the amount of expenses estimated by the district attorney
to be incurred in the return of such fugitive.
(3) The person designated to return the fugitive shall make no
disbursements from any such fund so advanced without a receipt being
obtained therefor showing the amount, the purpose for which the sum
is expended, place, date, and to whom paid.
(4) Such receipts must be filed by such person with the county
auditor or appropriate city officer or State Controller, as the case
may be, together with an affidavit by such person that the
expenditures represented by the receipts were necessarily made in the
performance of duty, and when such advance has been made by the
county or city treasurer to the person designated to return the
fugitive, and has thereafter been audited by the State Controller,
the payment thereof shall be made by the State Treasurer to the
county or city treasury, which has advanced the funds.
(5) In every case where the expenses of such person so employed to
bring back such fugitive as herein provided, are less than the
amount advanced on the recommendation of the district attorney, such
persons so employed to bring back such fugitive shall return to the
county or city treasurer, as appropriate, the difference in amount
between the aggregate amount of receipts so filed by him, as herein
employed, and the amount advanced to such person upon the
recommendation of the district attorney.
(6) When no advance has been made to the person designated to
return the fugitive, the sums expended by him, when audited by the
State Controller, shall be paid by the State Treasurer to the person
so designated.
(7) Any payments made out of the State Treasury pursuant to the
provisions of this section shall be made from appropriations for the
fiscal year in which such payments are made.
(d) Payments to state agencies will be made in accord with the
rules of the Board of Control.



1558. No compensation, fee, profit, or reward of any kind can be
paid to or received by a public officer of this state, a corporation
or firm, or other person, for a service rendered in procuring from
the Governor the demand mentioned in Section 1557, or the surrender
of the fugitive, or for conveying him or her to this state, or
detaining him or her therein, except as provided for in that section.
Every person who violates any of the provisions of this section is
guilty of a misdemeanor.

[هيثم الفقى]

MISCELLANEOUS PROVISIONS RESPECTING SPECIAL
PROCEEDINGS OF A CRIMINAL NATURE
1562. The party prosecuting a special proceeding of a criminal
nature is designated in this Code as the complainant, and the adverse
party as the defendant.


1563. The provisions of Section 1401, in respect to entitling
affidavits, are applicable to such proceedings.



1564. The Courts and magistrates before whom such proceedings are
prosecuted may issue subpoenas for witnesses, and punish their
disobedience in the same manner as in a criminal action.
PROCEEDINGS FOR BRINGING PERSONS IMPRISONED IN THE
STATE PRISON, OR THE JAIL OF ANOTHER COUNTY, BEFORE
A COURT
1567. When it is necessary to have a person imprisoned in the state
prison brought before any court, or a person imprisoned in a county
jail brought before a court sitting in another county, an order for
that purpose may be made by the court and executed by the sheriff of
the county where it is made. The order shall be signed by the judge
or magistrate and sealed with the seal of the court, if any. The
order shall be to the following effect:

County of ____ (as the case may be).
The people of the State of California to the warden of ____ (or
sheriff of ____, as the case may be):
An order having been made this day by me, that A.B. be produced in
this court as witness in the case of ____, you are commanded to
deliver him or her into the custody of ____.
Dated this ____ day of ____, 19__.
OUTPATIENT STATUS FOR MENTALLY DISORDERED AND
DEVELOPMENTALLY DISABLED OFFENDERS


1600. Any person committed to a state hospital or other treatment
facility under the provisions of Section 1026, or Chapter 6
(commencing with Section 1367) of Title 10 of this code, or Section
6316 or 6321 of the Welfare and Institutions Code may be placed on
outpatient status from that commitment subject to the procedures and
provisions of this title, except that a developmentally disabled
person may be placed on outpatient status from that commitment under
the provisions of this title as modified by Section 1370.4. Any
person committed as a ***ually violent predator under the provisions
of Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of
Division 6 of the Welfare and Institutions Code may be placed on
outpatient status from that commitment in accordance with the
procedures described in Title 15 (commencing with Section 1600) of
Part 2 of the Penal Code.



1600.5. For a person committed as a mentally disordered ***
offender under former Section 6316 or 6316.2 of the Welfare and
Institutions Code, or committed pursuant to Section 1026 or 1026.5,
or committed pursuant to Section 2972, who is placed on outpatient
status under the provisions of this title, time spent on outpatient
status, except when placed in a locked facility at the direction of
the outpatient supervisor, shall not count as actual custody and
shall not be credited toward the person's maximum term of commitment
or toward the person's term of extended commitment. Nothing in this
section shall be construed to extend the maximum period of parole of
a mentally disordered offender.



1601. (a) In the case of any person charged with and found
incompetent on a charge of, convicted of, or found not guilty by
reason of insanity of murder, mayhem, aggravated mayhem, a violation
of Section 207, 209, or 209.5 in which the victim suffers
intentionally inflicted great bodily injury, robbery or carjacking
with a deadly or dangerous weapon or in which the victim suffers
great bodily injury, a violation of subdivision (a) or (b) of Section
451, a violation of paragraph (2), (3), or (6) of subdivision (a) of
Section 261, a violation of paragraph (1) or (4) of subdivision (a)
of Section 262, a violation of Section 459 in the first degree, a
violation of Section 220 in which the victim suffers great bodily
injury, a violation of Section 288, a violation of Section 12303.1,
12303.2, 12303.3, 12308, 12309, or 12310, or any felony involving
death, great bodily injury, or an act which poses a serious threat of
bodily harm to another person, outpatient status under this title
shall not be available until that person has actually been confined
in a state hospital or other facility for 180 days or more after
having been committed under the provisions of law specified in
Section 1600.
(b) In the case of any person charged with, and found incompetent
on a charge of, or convicted of, any misdemeanor or any felony other
than those described in subdivision (a), or found not guilty of any
misdemeanor by reason of insanity, outpatient status under this title
may be granted by the court prior to actual confinement in a state
hospital or other treatment facility under the provisions of law
specified in Section 1600.



1602. (a) Any person subject to the provisions of subdivision (b)
of Section 1601 may be placed on outpatient status, if all of the
following conditions are satisfied:
(1) In the case of a person who is an inpatient, the director of
the state hospital or other treatment facility to which the person
has been committed advises the court that the defendant will not be a
danger to the health and safety of others while on outpatient
status, and will benefit from such outpatient status.
(2) In all cases, the community program director or a designee
advises the court that the defendant will not be a danger to the
health and safety of others while on outpatient status, will benefit
from such status, and identifies an appropriate program of
supervision and treatment.
(3) After actual notice to the prosecutor and defense counsel, and
after a hearing in court, the court specifically approves the
recommendation and plan for outpatient status.
(b) The community program director or a designee shall prepare and
submit the evaluation and the treatment plan specified in paragraph
(2) of subdivision (a) to the court within 15 calendar days after
notification by the court to do so, except that in the case of a
person who is an inpatient, the evaluation and treatment plan shall
be submitted within 30 calendar days after notification by the court
to do so.
(c) Any evaluations and recommendations pursuant to paragraphs (1)
and (2) of subdivision (a) shall include review and consideration
of complete, available information regarding the circumstances of the
criminal offense and the person's prior criminal history.



1603. (a) Any person subject to subdivision (a) of Section 1601 may
be placed on outpatient status if all of the following conditions
are satisfied:
(1) The director of the state hospital or other treatment facility
to which the person has been committed advises the committing court
and the prosecutor that the defendant would no longer be a danger to
the health and safety of others, including himself or herself, while
under supervision and treatment in the community, and will benefit
from that status.
(2) The community program director advises the court that the
defendant will benefit from that status, and identifies an
appropriate program of supervision and treatment.
(3) The prosecutor shall provide notice of the hearing date and
pending release to the victim or next of kin of the victim of the
offense for which the person was committed where a request for the
notice has been filed with the court, and after a hearing in court,
the court specifically approves the recommendation and plan for
outpatient status pursuant to Section 1604. The burden shall be on
the victim or next of kin to the victim to keep the court apprised of
the party's current mailing address.
In any case in which the victim or next of kin to the victim has
filed a request for notice with the director of the state hospital or
other treatment facility, he or she shall be notified by the
director at the inception of any program in which the committed
person would be allowed any type of day release unattended by the
staff of the facility.
(b) The community program director shall prepare and submit the
evaluation and the treatment plan specified in paragraph (2) of
subdivision (a) to the court within 30 calendar days after
notification by the court to do so.
(c) Any evaluations and recommendations pursuant to paragraphs (1)
and (2) of subdivision (a) shall include review and consideration of
complete, available information regarding the circumstances of the
criminal offense and the person's prior criminal history.



1604. (a) Upon receipt by the committing court of the
recommendation of the director of the state hospital or other
treatment facility to which the person has been committed that the
person may be eligible for outpatient status as set forth in
subdivision (a)(1) of Section 1602 or 1603, the court shall
immediately forward such recommendation to the community program
director, prosecutor, and defense counsel. The court shall provide
copies of the arrest reports and the state summary criminal history
information to the community program director.
(b) Within 30 calendar days the community program director or a
designee shall submit to the court and, when appropriate, to the
director of the state hospital or other treatment facility, a
recommendation regarding the defendant's eligibility for outpatient
status, as set forth in subdivision (a)(2) of Section 1602 or 1603
and the recommended plan for outpatient supervision and treatment.
The plan shall set forth specific terms and conditions to be followed
during outpatient status. The court shall provide copies of this
report to the prosecutor and the defense counsel.
(c) The court shall calendar the matter for hearing within 15
judicial days of the receipt of the community program director's
report and shall give notice of the hearing date to the prosecutor,
defense counsel, the community program director, and, when
appropriate, to the director of the state hospital or other facility.
In any hearing conducted pursuant to this section, the court shall
consider the circumstances and nature of the criminal offense leading
to commitment and shall consider the person's prior criminal
history.
(d) The court shall, after a hearing in court, either approve or
disapprove the recommendation for outpatient status. If the approval
of the court is given, the defendant shall be placed on outpatient
status subject to the terms and conditions specified in the
supervision and treatment plan. If the outpatient treatment occurs
in a county other than the county of commitment, the court shall
transmit a copy of the case record to the superior court in the
county where outpatient treatment occurs, so that the record will be
available if revocation proceedings are initiated pursuant to Section
1608 or 1609.


1605. (a) In accordance with Section 1615 of this code and Section
5709.8 of the Welfare and Institutions Code, the State Department of
Mental Health shall be responsible for the supervision of persons
placed on outpatient status under this title. The State Department
of Mental Health shall designate, for each county or region comprised
of two or more counties, a community program director who shall be
responsible for administering the community treatment programs for
persons committed from that county or region under the provisions
specified in Section 1600.
(b) The State Department of Mental Health shall notify in writing
the superior court, the district attorney, the county public defender
or public defense agency, and the county mental health director of
each county as to the person designated to be the community program
director for that county, and timely written notice shall be given
whenever a new community program director is to be designated.
(c) The community program director shall be the outpatient
treatment supervisor of persons placed on outpatient status under
this title. The community program director may delegate the
outpatient treatment supervision responsibility to a designee.
(d) The outpatient treatment supervisor shall, at 90-day intervals
following the beginning of outpatient treatment, submit to the
court, the prosecutor and defense counsel, and to the community
program director, where appropriate, a report setting forth the
status and progress of the defendant.



1606. Outpatient status shall be for a period not to exceed one
year. At the end of the period of outpatient status approved by the
court, the court shall, after actual notice to the prosecutor, the
defense counsel, and the community program director, and after a
hearing in court, either discharge the person from commitment under
appropriate provisions of the law, order the person confined to a
treatment facility, or renew its approval of outpatient status.
Prior to such hearing, the community program director shall furnish a
report and recommendation to the medical director of the state
hospital, where appropriate, and to the court, which the court shall
make available to the prosecutor and defense counsel. The person
shall remain on outpatient status until the court renders its
decision unless hospitalized under other provision of the law. The
hearing pursuant to the provisions of this section shall be held no
later than 30 days after the end of the one-year period of outpatient
status unless good cause exists. The court shall transmit a copy of
its order to the community program director or a designee.




1607. If the outpatient supervisor is of the opinion that the
person has regained competence to stand trial, or is no longer
insane, is no longer a mentally disordered offender, or is no longer
a mentally disordered *** offender, the community program director
shall submit his or her opinion to the medical director of the state
hospital, where appropriate, and to the court which shall calendar
the case for further proceedings under the provisions of Section
1372, 1026.2, or 2972 of this code or Section 6325 of the Welfare and
Institutions Code.


1608. If at any time during the outpatient period, the outpatient
treatment supervisor is of the opinion that the person requires
extended inpatient treatment or refuses to accept further outpatient
treatment and supervision, the community program director shall
notify the superior court in either the county which approved
outpatient status or in the county where outpatient treatment is
being provided of such opinion by means of a written request for
revocation of outpatient status. The community program director
shall furnish a copy of this request to the defense counsel and to
the prosecutor in both counties if the request is made in the county
of treatment rather than the county of commitment.
Within 15 judicial days, the court where the request was filed
shall hold a hearing and shall either approve or disapprove the
request for revocation of outpatient status. If the court approves
the request for revocation, the court shall order that the person be
confined in a state hospital or other treatment facility approved by
the community program director. The court shall transmit a copy of
its order to the community program director or a designee. Where the
county of treatment and the county of commitment differ and
revocation occurs in the county of treatment, the court shall enter
the name of the committing county and its case number on the order of
revocation and shall send a copy of the order to the committing
court and the prosecutor and defense counsel in the county of
commitment.



1609. If at any time during the outpatient period or placement with
a local mental health program pursuant to subdivision (b) of Section
1026.2 the prosecutor is of the opinion that the person is a danger
to the health and safety of others while on that status, the
prosecutor may petition the court for a hearing to determine whether
the person shall be continued on that status. Upon receipt of the
petition, the court shall calendar the case for further proceedings
within 15 judicial days and the clerk shall notify the person, the
community program director, and the attorney of record for the person
of the hearing date. Upon failure of the person to appear as
noticed, if a proper affidavit of service and advisement has been
filed with the court, the court may issue a body attachment for such
person. If, after a hearing in court conducted using the same
standards used in conducting probation revocation hearings pursuant
to Section 1203.2, the judge determines that the person is a danger
to the health and safety of others, the court shall order that the
person be confined in a state hospital or other treatment facility
which has been approved by the community program director.



1610. (a) Upon the filing of a request for revocation under Section
1608 or 1609 and pending the court's decision on revocation, the
person subject to revocation may be confined in a facility designated
by the community program director when it is the opinion of that
director that the person will now be a danger to self or to another
while on outpatient status and that to delay confinement until the
revocation hearing would pose an imminent risk of harm to the person
or to another. The facility so designated shall continue the patient'
s program of treatment, shall provide adequate security so as to
ensure both the safety of the person and the safety of others in the
facility, and shall, to the extent possible, minimize interference
with the person's program of treatment. Upon the request of the
community program director or a designee, a peace officer shall take,
or cause to be taken, the person into custody and transport the
person to a facility designated by the community program director for
confinement under this section. Within one judicial day after the
person is confined in a jail under this section, the community
program director shall apply in writing to the court for
authorization to confine the person pending the hearing under Section
1608 or Section 1609 or subdivision (c). The application shall be
in the form of a declaration, and shall specify the behavior or other
reason justifying the confinement of the person in a jail. Upon
receipt of the application for confinement, the court shall consider
and rule upon it, and if the court authorizes detention in a jail,
the court shall actually serve copies of all orders and all documents
filed by the community program director upon the prosecuting and
defense counsel. The community program director shall notify the
court in writing of the confinement of the person and of the factual
basis for the opinion that the immediate confinement in a jail was
necessary. The court shall supply a copy of these documents to the
prosecutor and defense counsel.
(b) The facility designated by the community program director may
be a state hospital, a local treatment facility, a county jail, or
any other appropriate facility, so long as the facility can continue
the person's program of treatment, provide adequate security, and
minimize interference with the person's program of treatment. If the
facility designated by the community program director is a county
jail, the patient shall be separated from the general population of
the jail. In the case of a ***ually violent predator, as defined in
Section 6600 of the Welfare and Institutions Code, who is held
pending civil process under the ***ually violent predator laws, the
person may be housed as provided by Section 4002. The designated
facility need not be approved for 72-hour treatment and evaluation
pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code); however, a county jail may not be designated
unless the services specified above are provided, and accommodations
are provided which ensure both the safety of the person and the
safety of the general population of the jail. Within three judicial
days of the patient's confinement in a jail, the community program
director shall report to the court regarding what type of treatment
the patient is receiving in the facility. If there is evidence that
the treatment program is not being complied with, or accommodations
have not been provided which ensure both the safety of the committed
person and the safety of the general population of the jail, the
court shall order the person transferred to an appropriate facility,
including an appropriate state hospital. Nothing in this subdivision
shall be construed as authorizing jail facilities to operate as
health facilities, as defined in Section 1250 of the Health and
Safety Code, without complying with applicable requirements of law.
(c) A person confined under this section shall have the right to
judicial review of his or her confinement in a jail under this
section in a manner similar to that which is prescribed in Article 5
(commencing with Section 5275) of Chapter 2 of Part 1 of Division 5
of the Welfare and Institutions Code and to an explanation of rights
in the manner prescribed in Section 5325 of the Welfare and
Institutions Code.
Nothing in this section shall prevent hospitalization pursuant to
the provisions of Section 5150, 5250, 5350, or 5353 of the Welfare
and Institutions Code.
(d) A person whose confinement in a treatment facility under
Section 1608 or 1609 is approved by the court shall not be released
again to outpatient status unless court approval is obtained under
Section 1602 or 1603.


1611. (a) No person who is on outpatient status pursuant to this
title or Section 2972 shall leave this state without first obtaining
prior written approval to do so from the committing court. The prior
written approval of the court for the person to leave this state
shall specify when the person may leave, when the person is required
to return, and may specify other conditions or limitations at the
discretion of the court. The written approval for the person to
leave this state may be in a form and format chosen by the committing
court.
In no event shall the court give written approval for the person
to leave this state without providing notice to the prosecutor, the
defense counsel, and the community program director. The court may
conduct a hearing on the question of whether the person should be
allowed to leave this state and what conditions or limitations, if
any, should be imposed.
(b) Any person who violates subdivision (a) is guilty of a
misdemeanor.



1612. Any person committed to a state hospital or other treatment
facility under the provisions of Section 1026, or Chapter 6
(commencing with Section 1367) of Title 10 of this code, or former
Section 6316 or 6321 of the Welfare and Institutions Code shall not
be released therefrom except as expressly provided in this title or
Section 1026.2.



1614. Persons ordered to undergo outpatient treatment under former
Sections 1026.1 and 1374 of the Penal Code and subdivision (a) of
Section 6325.1 of the Welfare and Institutions Code shall, on January
1, 1981, be considered as being on outpatient status under this
title and this title shall apply to such persons.



1615. Pursuant to Section 5709.8 of the Welfare and Institutions
Code, the State Department of Mental Health shall be responsible for
the community treatment and supervision of judicially committed
patients. These services shall be available on a county or regional
basis. The department may provide these services directly or through
contract with private providers or counties. The program or
programs through which these services are provided shall be known as
the Forensic Conditional Release Program.
The department shall contact all county mental health programs by
January 1, 1986, to determine their interest in providing an
appropriate level of supervision and treatment of judicially
committed patients at reasonable cost. County mental health agencies
may agree or refuse to operate such a program.
The State Department of Mental Health shall ensure consistent data
gathering and program standards for use statewide by the Forensic
Conditional Release Program.



1616. The state shall contract with a research agency which shall
determine the prevalence of severe mental disorder among the state
prison inmates and parolees, including persons admitted to prison,
the resident population, and those discharged to parole. An
evaluation of the array of services shall be performed, including
the correctional, state hospital, and local inpatient programs;
residential-level care and partial day care within the institutions
as well as in the community; and the individual and group treatment
which may be provided within the correctional setting and in the
community upon release. The review shall include the
interrelationship between the security and clinical staff, as well as
the architectural design which aids meeting the treatment needs of
these mentally ill offenders while maintaining a secure setting.
Administration of these programs within the institutions and in the
community shall be reviewed by the contracting agency. The ability
of treatment programs to prevent reoffenses by inmates with severe
mental disorders shall also be addressed. The process for evaluating
inmates and parolees to determine their need for treatment and the
ability to differentiate those who will benefit from treatment and
those who will not shall be reviewed.
The State Department of Mental Health, the Department of
Corrections, and the Department of Justice shall cooperate with the
research agency conducting this study.
The research agency conducting this study shall consult with the
State Department of Mental Health, the Department of Corrections, the
Department of Justice, and the Forensic Mental Health Association of
California in the design of the study.



1617. The State Department of Mental Health shall research the
demographic profiles and other related information pertaining to
persons receiving supervision and treatment in the Forensic
Conditional Release Program. An evaluation of the program shall
determine its effectiveness in successfully reintegrating these
persons into society after release from state institutions. This
evaluation of program effectiveness shall include, but not be limited
to, a determination of the rates of reoffense while these persons
are served by the program and after their discharge. This evaluation
shall also address the effectiveness of the various treatment
components of the program and their intensity.
The State Department of Mental Health may contract with an
independent research agency to perform this research and evaluation
project. Any independent research agency conducting this research
shall consult with the Forensic Mental Health Association concerning
the development of the research and evaluation design.



1618. The administrators and the supervision and treatment staff of
the Forensic Conditional Release Program shall not be held
criminally or civilly liable for any criminal acts committed by the
persons on parole or judicial commitment status who receive
supervision or treatment. This waiver of liability shall apply to
employees of the State Department of Mental Health, the Board of
Prison Terms, and the agencies or persons under contract to those
agencies, who provide screening, clinical evaluation, supervision, or
treatment to mentally ill parolees or persons under judicial
commitment or considered for placement under a hold by the Board of
Prison Terms.



1619. The Department of Justice shall automate the criminal
histories of all persons treated in the Forensic Conditional Release
Program, as well as all persons committed as not guilty by reason of
insanity pursuant to Section 1026, incompetent to stand trial
pursuant to Section 1370 or 1370.2, any person currently under
commitment as a mentally disordered *** offender, and persons treated
pursuant to Section 1364 or 2684 or Article 4 (commencing with
Section 2960) of Chapter 7 of Title 1 of Part 3.



1620. The Department of Justice shall provide mental health
agencies providing treatment to patients pursuant to Sections 1600 to
1610, inclusive, or pursuant to Article 4 (commencing with Section
2960) of Chapter 7 of Title 1 of Part 3, with access to criminal
histories of those mentally ill offenders who are receiving treatment
and supervision. Treatment and supervision staff who have access to
these criminal histories shall maintain the confidentiality of the
information and shall sign a statement to be developed by the
Department of Justice which informs them of this obligation.

[هيثم الفقى]

IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS
ESTABLISHMENT OF STATE PRISONS
California Institution for Men
2000. There is and shall continue to be a State prison to be known
as the California Institution for Men.



2001. The California Institution for Men shall be located at Chino,
San Bernardino County, California.



2002. The primary purpose of the California Institution for Men
shall be for the imprisonment of male offenders who, in the opinion
of the department, seem capable of moral rehabilitation and
restoration to good citizenship.
California State Prison at San Quentin
California State Prison at San Quentin
California State Prison at Folsom
2030. There is and shall continue to be a State prison to be known
as the California State Prison at Folsom.



2031. The California State Prison at Folsom shall be located at
Folsom, in Sacramento County, California.



2032. The primary purpose of the California State Prison at Folsom
shall be to provide confinement, industrial and other training,
treatment, and care to persons confined therein.
The Deuel Vocational Institution

[هيثم الفقى]

2035. There is hereby established an institution for the
confinement of males under the custody of the Director of Corrections
and the Youth Authority to be known as the Deuel Vocational
Institution.



2037. There may be transferred to and confined in the Deuel
Vocational Institution any male, subject to the custody, control and
discipline of the Director of Corrections, or any male, subject to
the custody, control and discipline of the Youth Authority who has
been committed to the Youth Authority under the provisions of Section
1731.5 of the Welfare and Institutions Code, who the Director of
Corrections or Youth Authority, as the case may be, believes will be
benefited by confinement in such an institution.



2039. The Governor, upon recommendation of the Director of
Corrections, in accordance with Section 6050, shall appoint a warden
for the Deuel Vocational Institution. 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.



2040. The Director of Corrections shall construct and equip, in
accordance with law, suitable buildings, structures, and facilities
for the Deuel Vocational Institution.



2041. Part 3 (commencing with Section 2000) shall apply to the
Deuel Vocational Institution and to the persons confined therein so
far as those provisions may be applicable. Whenever the name
California Vocational Institution appears in any statute, it shall be
deemed for all purposes to refer to the Deuel Vocational
Institution.



2042. Every minor person confined in the Deuel Vocational Institute
who escapes or attempts to escape therefrom is guilty of a crime and
shall be imprisoned in a state prison, or in the county jail for not
exceeding one year.

[هيثم الفقى]

California Correctional Center


2043. The Director of Corrections is authorized to establish a
state prison for the confinement of males under the custody of the
Director of Corrections to be known as the California Correctional
Center at Susanville.


2043.1. The primary purpose of the state prison authorized to be
established by Section 2043 shall be to provide custody and care, and
industrial, vocational, and other training to persons confined
therein.


2043.2. Any person under the custody of the Director of Corrections
may be transferred to the California Correctional Center at
Susanville in accordance with law.



2043.4. The warden of the California Correctional Center at
Susanville shall be appointed pursuant to Section 6050 and the
Director of Corrections shall appoint, subject to civil service,
those other officials and employees as may be necessary.




2043.5. Part 3 (commencing with Section 2000) shall apply to the
California Correctional Center at Susanville and to the persons
confined therein, insofar as those provisions may be applicable.
Correctional Training Facility


2045. The Director of Corrections with the approval of the Board of
Corrections, is authorized to establish a State prison for the
confinement of males under the custody of the Director of
Corrections.



2045.1. The prison authorized to be established by Section 2045
shall be a medium security type institution. Its primary purpose
shall be to provide custody, care, industrial, vocational, and other
training to persons confined therein. However, the Director of
Corrections may designate a portion or all of the prison to serve the
same purposes and to have the same security standards as the
institution provided for by Article 4 (commencing at Section 2035) of
Chapter 1 of Title 1 of Part 3.



2045.4. The Governor, upon recommendation of the Director of
Corrections, in accordance with Section 6050, shall appoint a warden
for the California Training 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.


2045.5. The Director of Corrections shall construct and equip in
accordance with law, suitable buildings, structures and facilities
for said institution.


2045.6. The provisions of Part 3 (commencing with Section 2000)
apply to the institution and to the persons confined therein insofar
as those provisions may be applicable.

[هيثم الفقى]

California Correctional Institution in
Monterey County
2045.10. The Director of Corrections is authorized to construct and
establish a state prison for the confinement of males under the
custody of the Director of Corrections.



2045.11. The facility authorized by Section 2045.10 shall be a
combination 1,000-bed Level III and 1,000-bed Level IV prison
together with a 200-bed Level I support services facility on the
existing grounds of the Correctional Training Facility in Monterey
County. The provisions of Division 13 (commencing with Section
21000) of the Public Resources Code that require consideration of
alternatives for a proposed project shall not apply to the project
authorized by Section 2045.10.
California Men's Colony


2046. The Director of Corrections is authorized to establish a
state prison for the confinement of males under the custody of the
Director of Corrections. It shall be a medium security institution
and shall be known as the California Men's Colony.




2046.1. The prison authorized to be established by Section 2046
shall be a medium security type institution. Its primary purpose
shall be to provide custody, care, industrial, vocational, and other
training to persons confined therein.


2046.2. Any person under the custody of the Director of Corrections
may be transferred to the said prison in accordance with law.



2046.4. A warden for the said prison shall be appointed pursuant to
Section 6050, and the Director of Corrections shall apoint, subject
to civil service, such other officials and employees as may be
necessary therefor, and shall fix their compensation.




2046.5. The Director of Corrections shall construct and equip in
accordance with law, suitable buildings, structures, and facilities
for the said prison.


2046.6. The provisions of this part shall apply to the prison and
to the persons confined therein insofar as those provisions may be
applicable.

[هيثم الفقى]

California Correctional Institution at Tehachapi
ADMINISTRATION OF STATE PRISONS
Miscellaneous Powers and Duties of Department and
Director of Corrections
2051. The department is hereby authorized to contract for
provisions, clothing, medicines, forage, fuel, and all other staple
supplies needed for the support of the prisons for any period of
time, not exceeding one year, and such contracts shall be limited to
bona fide dealers in the several classes of articles contracted for.
Contracts for such articles as the department may desire to contract
for, shall be given to the lowest bidder at a public letting
thereof, if the price bid is a fair and reasonable one, and not
greater than the usual value and prices.
Each bid shall be accompanied by such security as the department
may require, conditional upon the bidder entering into a contract
upon the terms of his bid, on notice of the acceptance thereof, and
furnishing a penal bond with good and sufficient sureties in such sum
as the department may require, and to its satisfaction that he will
faithfully perform his contract.
If the proper officer of the prison reject any article, as not
complying with the contract, or if a bidder fail to furnish the
articles awarded to him when required, the proper officer of the
prison may buy other articles of the kind rejected or called for, in
the open market, and deduct the price thereof, over the contract
price, from the amount due to the bidder, or charge the same up
against him.
Notice of the time, place, and conditions of the letting of
contracts shall be given for at least two consecutive weeks in two
newspapers printed and published in the City and County of San
Francisco, and in one newspaper printed and published in the County
of Sacramento, and in the county where the prison to be supplied is
situated.
If all the bids made at such letting are deemed unreasonably high,
the department may, in its discretion, decline to contract and may
again advertise for such time and in such papers as it sees proper
for proposals, and may so continue to renew the advertisement until
satisfactory contracts are made; and in the meantime the department
may contract with anyone whose offer is regarded as just and
equitable, or may purchase in the open market.
No bids shall be accepted, nor a contract entered into in
pursuance thereof, when such bid is higher than any other bid at the
same letting for the same class or schedule of articles, quality
considered, and when a contract can be had at such lower bid.
When two or more bids for the same article or articles are equal
in amount, the department may select the one which, all things
considered, may by it be thought best for the interest of the State,
or it may divide the contract between the bidders as in its judgment
may seem proper and right.
The department shall have power to let a contract in the aggregate
or they may segregate the items, and enter into a contract with the
bidder or bidders who may bid lowest on the several articles.
The department shall have the power to reject the bid of any
person who had a prior contract and who had not, in the opinion of
the department, faithfully complied therewith.



2052. (a) The department shall have power to contract for the
supply of electricity, gas and water for said prisons, upon such
terms as the department shall deem to be for the best interests of
the state, or to manufacture gas or electricity, or furnish water
itself, at its option. It shall also have power to erect and
construct or cause to be erected and constructed, electrical
apparatus or other illuminating works in its discretion with or
without contracting therefor, on such terms as it may deem just. The
department shall have full power to erect any building or structure
deemed necessary by it, or to alter or improve the same, and to pay
for the same from the fund appropriated for the use or support of the
prisons, or from the earnings thereof, without advertising or
contracting therefor.
(b) With respect to any facility under the jurisdiction of the
Prison Industry Authority, the Prison Industry Authority shall have
the same powers which are vested in the department pursuant to
subdivision (a).


2053. (a) The Legislature finds and declares that there is a
correlation between prisoners who are functionally literate and those
who successfully reintegrate into society upon release. It is
therefore the intent of the Legislature, in enacting "The Prisoner
Literacy Act," to raise the percentage of prisoners who are
functionally literate, in order to provide for a corresponding
reduction in the recidivism rate.
(b) The Department of Corrections shall determine the reading
level of each prisoner upon commitment.



2053.1. The Director of the Department of Corrections shall
implement in every state prison literacy programs that are designed
to ensure that upon parole inmates are able to achieve a ninth-grade
reading level. The department shall prepare an implementation plan
for this program, and shall request the necessary funds to implement
this program as follows:
(a) To make the program available to at least 25 percent of
eligible inmates in the state prison system by July 1, 1991.
(b) To make the program available to at least 60 percent of
eligible inmates in the state prison system by January 1, 1996.
In complying with the requirements of this section, the department
shall give strong consideration to computer assisted training and
other innovations which have proven to be effective in reducing
illiteracy of disadvantaged adults.



2053.4. The Director of Corrections shall appoint a Superintendent
of Correctional Education, who shall oversee and administer all
prison education programs. The Superintendent of Correctional
Education shall set both short-term and long-term goals for inmate
literacy and testing, and shall establish priorities for prison
education programs.



2054. The Director of Corrections may establish and maintain
classes for inmates by utilizing personnel of the Department of
Corrections, or by entering into an agreement with the governing
board of a school district or private school or the governing boards
of school districts under which the district shall maintain classes
for such inmates. The governing board of a school district or
private school may enter into such an agreement regardless of whether
the institution or facility at which the classes are to be
established and maintained is within or without the boundaries of the
school district.
Any agreement entered into between the Director of Corrections and
a school district or private school pursuant to this section may
require the Department of Corrections to reimburse the school
district or private school for the cost to the district or private
school of maintaining such classes. "Cost" as used herein includes
contributions required of any school district to the State Teachers'
Retirement System, but such cost shall not include an amount in
excess of the amount expended by the district for salaries of the
teachers for such classes, increased by one-fifth. Salaries of such
teachers for the purposes of this section shall not exceed the
salaries as set by the governing board for teachers in other classes
for adults maintained by the district, or private schools.
Attendance or average daily attendance in classes established
pursuant to this section or in classes in trade and industrial
education or vocational training for adult inmates of institutions or
facilities under the jurisdiction of the Department of Corrections
shall not be reported to the State Department of Education for
apportionment and no apportionment from the State School Fund shall
be made on account of average daily attendance in such classes.
No school district or private school shall provide for the
academic education of adult inmates of state institutions or
facilities under the jurisdiction of the Department of Corrections
except in accordance with this section.
The Legislature hereby declares that for each fiscal year funds
for the support of the academic education program for inmates of the
institutions or facilities under the jurisdiction of the Department
of Corrections shall be provided, upon appropriation by the
Legislature, to the Department of Corrections at the rate of forty
dollars ($40) multiplied by the total number of inmates which the
Department of Corrections estimates will be in such institutions or
facilities on December 31st of the fiscal year, except as provided in
Section 2054.1.



2054.1. The rate specified in Section 2054 shall be further
increased or decreased in the same proportion as the median salaries
for full-time high school teachers in the public schools of this
State have increased or decreased since the 1956-57 Fiscal Year.
"Median salaries" as used herein is the amount which the
Superintendent of Public Instruction reports will be paid to
full-time high school teachers in the public schools of this State
during the fiscal year. Such reports shall be based upon information
compiled by the Department of Education on salaries of certificated
employees in the public schools of this State.
This section applies only to the program of academic education for
inmates.


2054.2. The Department of Corrections and Rehabilitation shall
determine and implement a system of incentives to increase inmate
participation in, and completion of, academic and vocational
education, consistent with the inmate's educational needs as
identified in the assessment performed pursuant to Section 3020,
including, but not limited to, a literacy level specified in Section
2053.1, a high school diploma or equivalent, or a particular
vocational job skill. These incentives may be consistent with other
incentives provided to inmates who participate in work programs.




2055. The Director of Corrections may, in his discretion, from time
to time insure any or all products produced at any prison or
institution under the jurisdiction of the Director of Corrections,
whether the products are finished or unfinished, the materials from
which such products are made or to be made, and the equipment
necessary for the production thereof, against any or all risks of
loss, wherever such products, materials, or equipment are located,
while in the possession of the Department of Corrections and while in
transit thereto or therefrom or in storage, in such amounts as the
director deems proper. The cost of such insurance shall be paid from
the Correctional Industries Revolving Fund.



2056. If any of the shops or buildings in which convicts are
employed require rebuilding or repair for any reason, they may be
rebuilt or repaired immediately, under the direction of the Prison
Industry Authority.


2059. The department shall fix the compensation of its officers and
employees, other than those of wardens and clerks, at a gross rate
which shall include a cash allowance for board and lodging, but in no
case shall the money compensation, exclusive of the cash allowance
for board and lodging, be less than one hundred ten dollars ($110)
per month. There shall be deducted from the gross salaries of the
officers and employees of the prison the value of any board, lodging,
services or supplies rendered or sold to each such officer or
employee. The deduction for board and lodging shall not exceed the
cash allowance therefor.


2060. For the purposes of Sections 11009 and 11030 of the
Government Code, the following constitute, among other proper
purposes, state business for officers and employees of the department
for which such officers and employees shall be allowed actual and
necessary traveling expenses when the state travel and expense have
been approved by the Governor and the Director of Finance as provided
in that section.
Attending meetings of any national association or organization,
having as its principal purpose the study of matters relating to
penology, including prison management and paroles, or to a particular
field thereof, conferring with officers or employees of the United
States relative to problems relating to penology, including prison
management and paroles, in California, conferring with officers or
employees of other states engaged in the performance of similar
duties, and obtaining information useful to the department in the
conduct of its work.



2061. (a) The Department of Corrections and Rehabilitation shall
develop and implement, by January 15, 2008, a plan to address
management deficiencies within the department. The plan should, at a
minimum, address all of the following:
(1) Filling vacancies in management positions within the
department.
(2) Improving lines of accountability within the department.
(3) Standardizing processes to improve management.
(4) Improving communication within headquarters, between
headquarters, institutions and parole offices, and between
institutions and parole offices.
(5) Developing and implementing more comprehensive plans for
management of the prison inmate and parole populations.
(b) The department may contract with an outside entity that has
expertise in management of complex public and law enforcement
organizations to assist in identifying and addressing deficiencies.




2062. (a) The Department of Corrections and Rehabilitation shall
develop and implement a plan to obtain additional rehabilitation and
treatment services for prison inmates and parolees. The plan shall
include, but is not limited to, all of the following:
(1) Plans to fill vacant state staff positions that provide direct
and indirect rehabilitation and treatment services to inmates and
parolees.
(2) Plans to fill vacant staff positions that provide custody and
supervision services for inmates and parolees.
(3) Plans to obtain from local governments and contractors
services for parolees needing treatment while in the community and
services that can be brought to inmates within prisons.
(4) Plans to enter into agreements with community colleges to
accelerate training and education of rehabilitation and treatment
personnel, and modifications to the licensing and certification
requirements of state licensing agencies that can accelerate the
availability and hiring of rehabilitation and treatment personnel.
(b) The department shall submit the plan and a schedule for
implementation of its provisions to the Legislature by January 15,
2008.


2063. (a) It is the intent of the Legislature that the Department
of Corrections and Rehabilitation shall regularly provide operational
and fiscal information to the Legislature to allow it to better
assess the performance of the department in critical areas of
operations, including to both evaluate the effectiveness of
department programs and activities, as well as assess how efficiently
the department is using state resources.
(b) No later than January 10 of each year, the Department of
Corrections and Rehabilitation shall provide to the Joint Legislative
Budget Committee operational and fiscal information to be displayed
in the Governor's proposed budget. This information shall include
data for the three most recently ended fiscal years, and shall
include, but is not limited to, the following:
(1) Per capita costs, average daily population, and offender to
staff ratios for each of the following:
(A) Adult inmates housed in state prisons.
(B) Adult inmates housed in Community Correctional Facilities and
out-of-state facilities.
(C) Adult parolees supervised in the community.
(D) Juvenile wards housed in state facilities.
(E) Juvenile parolees supervised in the community.
(2) Total expenditures and average daily population for each adult
and juvenile institution.
(3) Number of established positions and percent of those positions
vacant on June 30 for each of the following classifications within
the department:
(A) Correctional officer.
(B) Correctional sergeant.
(C) Correctional lieutenant.
(D) Parole agent.
(E) Youth correctional counselor.
(F) Youth correctional officer.
(G) Physician.
(H) Registered nurse.
(I) Psychiatrist.
(J) Psychologist.
(K) Dentist.
(L) Teacher.
(M) Vocational instructor.
(N) Licensed vocational nurse.
(4) Average population of juvenile wards classified by board
category.
(5) Average population of adult inmates classified by security
level.
(6) Average population of adult parolees classified by supervision
level.
(7) Number of new admissions from courts, parole violators with
new terms, and parole violators returned to custody.
(8) Number of probable cause hearings, revocation hearings, and
parole suitability hearings conducted.
(9) For both adult and juvenile facilities, the number of budgeted
slots, actual enrollment, and average daily attendance for
institutional academic and vocational education and substance abuse
programs.
(10) Average population of mentally ill offenders classified by
Correctional Clinical Case Management System or Enhanced Outpatient
Program status, as well as information about mentally ill offenders
in more acute levels of care.
(c) No later than January 10 of each year, the Department of
Corrections and Rehabilitation shall provide to the Joint Legislative
Budget Committee a supplemental report containing operational and
fiscal information in addition to data provided in subdivision (b).
To the extent possible and relevant, the department shall seek to
keep the categories of information provided the same each year so as
to provide consistency. This report shall contain information for the
three most recently ended fiscal years, and shall include, but is
not limited to, data on the operational level and outcomes associated
with the following categories:
(1) Adult prison security operations, including use of
disciplinary measures and special housing assignments such as
placements in administrative segregation, Security Housing Units, and
sensitive needs yards, identifying these placements by offender
categories such as security level and mental health classification.
(2) Adult prison education and treatment programs, including
academic education, vocational training, prison industries, substance
abuse treatment, and *** offender treatment.
(3) Adult prison health care operations, including medical,
mental, and dental health.
(4) Adult parole operations, including number of discharges from
parole supervision and provision of various treatment and sanction
programs.
(5) Board of Parole Hearings, including the total number of parole
suitability hearings scheduled for inmates serving life sentences
each year, the number of parole suitability hearings postponed each
year and the reasons for postponement, and the backlog of parole
suitability hearings.
(5.1) Board of Parole Hearings, including the total number of
adult parole revocation cases with probable cause hearings scheduled
each year, the percent of parole revocation cases with probable cause
hearings held within 10 business days, as well as the percent of
adult parole revocation cases completed within 35 calendar days.
(6) Juvenile institution security operations, including use of
disciplinary measures and special housing assignments such as special
management programs, as well as the impact of time that adds or cuts
the length of confinement.
(7) Juvenile institutional education and treatment programs,
including academic education, vocational training, substance abuse
treatment, and *** offender treatment.
(8) Juvenile institutional health care operations, including
medical, mental, and dental health.
(9) Juvenile parole operations, including the number of juvenile
parolees returned to state institutions and provision of various
treatment and sanction programs.
(9.1) Juvenile Parole Board, including juvenile parole revocation
hearings.
(d) To the extent any of the information in subdivision (b) or (c)
falls under the purview of the federally appointed receiver over
medical care services, the Department of Corrections and
Rehabilitation shall, to the best of its ability, coordinate with the
receiver in obtaining this information.

[هيثم الفقى]

2078. It shall be the duty of the department to prosecute all
suits, at law or in equity, that may be necessary to protect the
rights of the State in matters of property connected with the prisons
and their management, such suits to be prosecuted in the name of the
department.



2080. A copy of the rules and regulations prescribing the duties
and obligations of prisoners shall be furnished to each prisoner in a
state prison or other facility under the jurisdiction of the
Department of Corrections.


2081. The director shall cause to be kept at each institution a
register of institution violations and what kind of punishments, if
any, are administered to prisoners or inmates; the offense committed;
the rule or rules violated; the nature of punishment administered;
the authority ordering such punishment; the duration of time during
which the offender was subjected to punishment; and the condition of
the prisoner's health.



2081.5. The Director of Corrections shall keep complete case
records of all prisoners under custody of the department, which
records shall be made available to the Board of Prison Terms at such
times and in such form as the board may prescribe.
Case records shall include all information received by the
Director of Corrections from the courts, probation officers,
sheriffs, police departments, district attorneys, State Department of
Justice, Federal Bureau of Investigation, and other interested
agencies and persons. Case records shall also include a record of
diagnostic findings, considerations, actions and dispositions with
respect to classification, treatment, employment, training, and
discipline as related to the institutional correctional program
followed for each prisoner.
The director shall appoint, after consultation with the Board of
Prison Terms, such employees of the various institutions under his
control as may be necessary for the proper performance of the duties
of the Board of Prison Terms, and when requested shall also have in
attendance at hearings of the Board of Prison Terms, psychiatric or
medical personnel. The director shall furnish, after consultation
with the Board of Prison Terms and the Director of General Services,
such hearing rooms and other physical facilities at such institutions
as may be necessary for the proper performance of the duties of the
Board of Prison Terms.


2082. The Director of Corrections shall within 30 days after
receiving persons convicted of crime and sentenced to serve terms in
the respective prisons under the jurisdiction of the Director of
Corrections, except those cases under juvenile court commitment,
furnish to the Department of Justice two copies of a report
containing the fingerprints and descriptions, including complete
details of marks, scars, deformities, or other peculiarities, and a
statement of the nature of the offense for which the person is
committed. One copy shall be transmitted by the Department of
Justice to the Federal Bureau of Investigation. The director shall
notify the Department of Justice whenever any of the prisoners dies,
escapes, is discharged, released on parole, transferred to or
returned from a state hospital, taken out to court or returned
therefrom, or whose custody is terminated in any other manner. The
Director of Corrections may furnish to the Department of Justice such
other fingerprints and information as may be useful for law
enforcement purposes. Any expenditures incurred in carrying out the
provisions of this section shall be paid for out of the appropriation
made for the support of state's prisons or the Department of
Corrections.


2084. The department shall provide each prisoner with a bed,
sufficient covering of blankets, and with garments of substantial
material and of distinctive manufacture, and with sufficient plain
and wholesome food of such variety as may be most conducive to good
health.



2085. The department shall keep a correct account of all money and
valuables upon the prisoner when delivered at the prison, and shall
pay the amount, or the proceeds thereof, or return the same to the
prisoner when discharged.


2085.5. (a) In any case in which a prisoner owes a restitution fine
imposed pursuant to subdivision (a) of Section 13967 of the
Government Code, as operative prior to September 28, 1994,
subdivision (b) of Section 730.6 of the Welfare and Institutions
Code, or subdivision (b) of Section 1202.4, the Secretary of the
Department of Corrections and Rehabilitation shall deduct a minimum
of 20 percent or the balance owing on the fine amount, whichever is
less, up to a maximum of 50 percent from the wages and trust account
deposits of a prisoner, unless prohibited by federal law, and shall
transfer that amount to the California Victim Compensation and
Government Claims Board for deposit in the Restitution Fund in the
State Treasury. Any amount so deducted shall be credited against the
amount owing on the fine. The sentencing court shall be provided a
record of the payments.
(b) In any case in which a prisoner owes a restitution order
imposed pursuant to subdivision (c) of Section 13967 of the
Government Code, as operative prior to September 28, 1994,
subdivision (h) of Section 730.6 of the Welfare and Institutions
Code, or subdivision (f) of Section 1202.4, the Secretary of the
Department of Corrections and Rehabilitation shall deduct a minimum
of 20 percent or the balance owing on the order amount, whichever is
less, up to a maximum of 50 percent from the wages and trust account
deposits of a prisoner, unless prohibited by federal law. The
secretary shall transfer that amount to the California Victim
Compensation and Government Claims Board for direct payment to the
victim, or payment shall be made to the Restitution Fund to the
extent that the victim has received assistance pursuant to that
program. The sentencing court shall be provided a record of the
payments made to victims and of the payments deposited to the
Restitution Fund pursuant to this subdivision.
(c) The secretary shall deduct and retain from the wages and trust
account deposits of a prisoner, unless prohibited by federal law, an
administrative fee that totals 10 percent of any amount transferred
to the California Victim Compensation and Government Claims Board
pursuant to subdivision (a) or (b). The secretary shall deduct and
retain from any prisoner settlement or trial award, an administrative
fee that totals 5 percent of any amount paid from the settlement or
award to satisfy an outstanding restitution order or fine pursuant to
subdivision (j), unless prohibited by federal law. The secretary
shall deposit the administrative fee moneys in a special deposit
account for reimbursing administrative and support costs of the
restitution program of the Department of Corrections and
Rehabilitation. The secretary, at his or her discretion, may retain
any excess funds in the special deposit account for future
reimbursement of the department's administrative and support costs
for the restitution program or may transfer all or part of the excess
funds for deposit in the Restitution Fund.
(d) In any case in which a parolee owes a restitution fine imposed
pursuant to subdivision (a) of Section 13967 of the Government Code,
as operative prior to September 28, 1994, subdivision (b) of Section
730.6 of the Welfare and Institutions Code, or subdivision (b) of
Section 1202.4, the secretary may collect from the parolee any moneys
owing on the restitution fine amount, unless prohibited by federal
law. The secretary shall transfer that amount to the California
Victim Compensation and Government Claims Board for deposit in the
Restitution Fund in the State Treasury. Any amount so deducted shall
be credited against the amount owing on the fine. The sentencing
court shall be provided a record of the payments.
(e) In any case in which a parolee owes a direct order of
restitution, imposed pursuant to subdivision (c) of Section 13967 of
the Government Code, as operative prior to September 28, 1994,
subdivision (h) of Section 730.6 of the Welfare and Institutions
Code, or paragraph (3) of subdivision (a) of Section 1202.4, the
secretary may collect from the parolee any moneys owing, unless
prohibited by federal law. The secretary shall transfer that amount
to the California Victim Compensation and Government Claims Board for
direct payment to the victim, or payment shall be made to the
Restitution Fund to the extent that the victim has received
assistance pursuant to that program. The sentencing court shall be
provided a record of the payments made by the offender pursuant to
this subdivision.
(f) The secretary may deduct and retain from any moneys collected
from parolees an administrative fee that totals 10 percent of any
amount transferred to the California Victim Compensation and
Government Claims Board pursuant to subdivision (d) or (e), unless
prohibited by federal law. The secretary shall deduct and retain from
any settlement or trial award of a parolee an administrative fee
that totals 5 percent of any amount paid from the settlement or award
to satisfy an outstanding restitution order or fine pursuant to
subdivision (j), unless prohibited by federal law. The secretary
shall deposit the administrative fee moneys in a special deposit
account for reimbursing administrative and support costs of the
restitution program of the Department of Corrections and
Rehabilitation. The secretary, at his or her discretion, may retain
any excess funds in the special deposit account for future
reimbursement of the department's administrative and support costs
for the restitution program or may transfer all or part of the excess
funds for deposit in the Restitution Fund.
(g) When a prisoner has both a restitution fine and a restitution
order from the sentencing court, the Department of Corrections and
Rehabilitation shall collect the restitution order first pursuant to
subdivision (b).
(h) When a parolee has both a restitution fine and a restitution
order from the sentencing court, the Department of Corrections and
Rehabilitation may collect the restitution order first, pursuant to
subdivision (e).
(i) If an inmate is housed at an institution that requires food to
be purchased from the institution canteen for unsupervised overnight
visits, and if the money for the purchase of this food is received
from funds other than the inmate's wages, that money shall be exempt
from restitution deductions. This exemption shall apply to the actual
amount spent on food for the visit up to a maximum of fifty dollars
($50) for visits that include the inmate and one visitor, seventy
dollars ($70) for visits that include the inmate and two or three
visitors, and eighty dollars ($80) for visits that include the inmate
and four or more visitors.
(j) Any compensatory or punitive damages awarded by trial or
settlement to any inmate or parolee in connection with a civil action
brought against any federal, state, or local jail, prison, or
correctional facility, or any official or agent thereof, shall be
paid directly, after payment of reasonable attorney's fees and
litigation costs approved by the court, to satisfy any outstanding
restitution orders or restitution fines against that person. The
balance of any award shall be forwarded to the payee after full
payment of all outstanding restitution orders and restitution fines,
subject to subdivisions (c) and (f). The Department of Corrections
and Rehabilitation shall make all reasonable efforts to notify the
victims of the crime for which that person was convicted concerning
the pending payment of any compensatory or punitive damages.
(k) (1) Amounts transferred to the California Victim Compensation
and Government Claims Board for payment of direct orders of
restitution shall be paid to the victim within 60 days from the date
the restitution revenues are received by the California Victim
Compensation and Government Claims Board. If the restitution payment
to a victim is less than fifty dollars ($50), then payment need not
be forwarded to that victim until the payment reaches fifty dollars
($50) or until 180 days from the date the first payment is received,
whichever occurs sooner.
(2) In any case in which a victim cannot be located, the
restitution revenues received by the California Victim Compensation
and Government Claims Board on behalf of the victim shall be held in
trust in the Restitution Fund until the end of the state fiscal year
subsequent to the state fiscal year in which the funds were deposited
or until the time that the victim has provided current address
information, whichever occurs sooner. Amounts remaining in trust at
the end of the specified period of time shall revert to the
Restitution Fund.
(3) Any victim failing to provide a current address within the
period of time specified in paragraph (2) may provide documentation
to the Department of Corrections and Rehabilitation, which in turn
shall verify that moneys were in fact collected on behalf of the
victim. Upon receipt of that verified information from the Department
of Corrections and Rehabilitation, the California Victim
Compensation and Government Claims Board shall transmit the
restitution revenues to the victim in accordance with the provisions
of subdivision (b) or (e).



2086. The wardens may make temporary rules and regulations, in case
of emergency, to remain in force until the department otherwise
provides.


2087. The wardens shall perform such other duties as may be
prescribed by the department.



2090. The department is hereby authorized to receive from the
Federal Government any federal prisoner and to charge and receive
from the United States, for the use of the State, an amount
sufficient for the support of each such federal prisoner, the cost of
all clothing that may be furnished, and one dollar ($1) per month
for the use of the prisoner. No other or further charges shall be
made by any officer for or on account of such prisoners.

[هيثم الفقى]

Prohibition Upon Wardens, Clerks, Officers and
Employees
2540. No officer or employee of the department shall receive
directly, or indirectly, any compensation for his services other than
that prescribed or authorized by law or the director; nor shall he
receive any compensation whatever, directly or indirectly, for any
act or service which he may do or perform for or on behalf of any
contractor, or agent, or employee of a contractor. For any violation
of the provisions of this section the officer or employee shall be
discharged from his office or service; and every contractor, or
employee, or agent of a contractor engaged therein, shall be expelled
from the prison grounds, and not again permitted within the same as
a contractor, agent, or employee.


2541. No officer or employee of the department, or contractor, or
employee of a contractor, shall, without permission of the director,
make any gift or present to a prisoner, or receive any from a
prisoner, or have any barter or dealings with a prisoner. For every
violation of the provisions of this section, the party engaged
therein shall incur the same penalty as prescribed in the preceding
section. No officer or employee of the prison shall be interested,
directly or indirectly, in any contract or purchase made or
authorized to be made by anyone for or on behalf of the prisons.

[هيثم الفقى]

CIVIL RIGHTS OF PRISONERS
Civil Rights

2600. A person sentenced to imprisonment in a state prison may
during that period of confinement be deprived of such rights, and
only such rights, as is reasonably related to legitimate penological
interests.
Nothing in this section shall be construed to permit the
involuntary administration of psychotropic medication unless the
process specified in the permanent injunction, dated October 31,
1986, in the matter of Keyhea v. Rushen, 178 Cal. App. 3d 526, has
been followed. The judicial hearing for the authorization for the
involuntary administration of psychotropic medication provided for in
Part III of the injunction shall be conducted by an administrative
law judge. The hearing may, at the direction of the director, be
conducted at the facility where the inmate is located.
Nothing in this section shall be construed to overturn the
decision in Thor v. Superior Court, 5 Cal. 4th 725.



2601. Subject only to the provisions of that section, each person
described in Section 2600 shall have the following civil rights:
(a) Except as provided in Section 2225 of the Civil Code, to
inherit, own, sell, or convey real or personal property, including
all written and artistic material produced or created by the person
during the period of imprisonment. However, to the extent authorized
in Section 2600, the Department of Corrections may restrict or
prohibit sales or conveyances that are made for business purposes.
(b) To correspond, confidentially, with any member of the State
Bar or holder of public office, provided that the prison authorities
may open and inspect incoming mail to search for contraband.
(c) (1) To purchase, receive, and read any and all newspapers,
periodicals, and books accepted for distribution by the United States
Post Office. Pursuant to this section, prison authorities may
exclude any of the following matter:
(A) Obscene publications or writings, and mail containing
information concerning where, how, or from whom this matter may be
obtained.
(B) Any matter of a character tending to incite murder, arson,
riot, violent racism, or any other form of violence.
(C) Any matter concerning gambling or a lottery.
(2) Nothing in this section shall be construed as limiting the
right of prison authorities to do the following:
(A) Open and inspect any and all packages received by an inmate.
(B) Establish reasonable restrictions as to the number of
newspapers, magazines, and books that the inmate may have in his or
her cell or elsewhere in the prison at one time.
(d) To initiate civil actions, subject to a three dollar ($3)
filing fee to be collected by the Department of Corrections, in
addition to any other filing fee authorized by law, and subject to
Title 3a (commencing with Section 391) of the Code of Civil
Procedure.
(e) To marry.
(f) To create a power of appointment.
(g) To make a will.
(h) To receive all benefits provided for in Sections 3370 and 3371
of the Labor Code and in Section 5069.

[هيثم الفقى]

Prisoners as Witnesses


2620. When it is necessary to have a person imprisoned in the state
prison brought before any court to be tried for a felony, or for an
examination before a grand jury or magistrate preliminary to such
trial, or for the purpose of hearing a motion or other proceeding, to
vacate a judgment, an order for the prisoner's temporary removal
from said prison, and for the prisoner's production before such
court, grand jury or magistrate, must be made by the superior court
of the county in which said action, motion, or examination is pending
or by a judge thereof; such order shall be made only upon the
affidavit of the district attorney or defense attorney, stating the
purpose for which said person is to be brought before the court,
grand jury or magistrate or upon the court's own motion. The order
shall be executed by the sheriff of the county in which it shall be
made, whose duty it shall be to bring the prisoner before the proper
court, grand jury or magistrate, to safely keep the prisoner, and
when the prisoner's presence is no longer required to return the
prisoner to the prison from whence the prisoner was taken; the
expense of executing such order shall be a proper charge against, and
shall be paid by, the county in which the order shall be made.
Such order shall recite the purposes for which said person is to
be brought before the court, grand jury or magistrate, and shall be
signed by the judge making the order and sealed with the seal of the
court. The order must be to the following effect:

County of ____ (as the case may be).
The people of the State of California to the warden of ____:
An order having been made this day by me, that A.B. be produced in
the ____ court (or before the grand jury, as the case may be) to be
prosecuted or examined for the crime of ____, a felony (or to have
said motion heard), you are commanded to deliver the prisoner into
the custody of ____ for the purpose of (recite purposes).
Dated this ____ day of ____, 19__.

When a prisoner is removed from a state prison under this section
the prisoner shall remain in the constructive custody of the warden
thereof. During the prisoner's absence from the prison, the prisoner
may be ordered to appear in other felony proceedings as a defendant
or witness in the courts of the county from which the original order
directing removal issued. A copy of the written order directing the
prisoner to appear before any such court shall be forwarded by the
district attorney to the warden of the prison having protective
custody of the prisoner.



2621. When the testimony of a material witness is required in a
criminal action, before any court in this state, or in an examination
before a grand jury or magistrate in a felony case and such witness
is a prisoner in a state prison, an order for the prisoner's
temporary removal from such prison, and for the prisoner's production
before such court, grand jury or magistrate, may be made by the
superior court of the county in which such action or examination is
pending or by a judge thereof; but in case the prison is out of the
county in which the application is made, such order shall be made
only upon the affidavit of the district attorney or of the defendant
or the defendant's counsel, showing that the testimony is material
and necessary; and even then the granting of the order shall be in
the discretion of said superior court or a judge thereof. The order
shall be executed by the sheriff of the county in which it is made,
whose duty it shall be to bring the prisoner before the proper court,
grand jury or magistrate, to safely keep the prisoner, and when the
prisoner is no longer required as a witness, to return the prisoner
to the prison whence the prisoner was taken; the expense of executing
such order shall be a proper charge against, and shall be paid by,
the county in which the order shall be made. Such orders shall
recite the purposes for which said person is to be brought before the
court, grand jury or magistrate, and shall be signed by the
magistrate or judge making the order, and sealed with the seal of the
court, if any.
Such order must be to the following effect:

County of ____ (as the case may be).
The people of the State of California to the warden of ____:
An order having been made this day by me, that A.B. be produced in
this court as witness in the case of ____, you are commanded to
deliver the prisoner into the custody of ____ for the purpose of
(recite purposes).
Dated this ____ day of ____, 19__.

When a prisoner is removed from a state prison under this section
the prisoner shall remain in the constructive custody of the warden
hereof. During the prisoner's absence from the prison, the prisoner
may be ordered to appear in other felony proceedings as a defendant
or witness in the courts of the county from which the original order
directing removal issued. A copy of the written order directing the
prisoner to appear before any such court shall be forwarded by the
district attorney to the warden of the prison having protective
custody of the prisoner.


2621.5. The provisions of Sections 2620 and 2621 which impose a
charge upon the counties shall not apply to cases coming within the
provisions of Section 4750.



2622. When the order for personal appearance is not made pursuant
to Section 2620 or Section 2621 the deposition of the prisoner may be
taken in the manner provided for in the case of a witness who is
sick, and Chapter 4 (commencing with Section 1335) of Title 10 of
Part 2 shall, so far as applicable, govern in the application for and
in the taking and use of that deposition. The deposition may be
taken before any magistrate or notary public of the county in which
the prison is situated; or in case the defendant is unable to pay for
taking the deposition, before an officer of the prison designated by
the board, whose duty it shall be to act without compensation.
Every officer before whom testimony shall be taken under this
section, shall have authority to administer, and shall administer, an
oath to the witness that his or her testimony shall be the truth,
the whole truth, and nothing but the truth.



2623. If in a civil action or special proceeding a witness be a
prisoner, confined in a state prison within this state, an order for
the prisoner's examination in the prison by deposition may be made.
1. By the court itself in which the action or special proceeding
is pending, unless it be a small claims court.
2. By a judge of the superior court of the county where the action
or proceeding is pending, if pending before a small claims court or
before a judge or other person out of court.
Such order can only be made on the motion of a party, upon
affidavit showing the nature of the action or proceeding, the
testimony expected from the witness, and its materiality. The
deposition, when ordered, shall be taken in accordance with Section
2622.


2624. (a) Notwithstanding any other provision of law, a court may,
upon the submission of a written request by the party calling the
witness, order an incarcerated witness to testify in legal
proceedings via two-way electronic audiovisual communication.
(b) As used in this section, "legal proceedings" includes
preliminary hearings, civil trials, and criminal trials.
(c) With reference to criminal trials only, the procedure
described in this section shall only be used with the consent of both
parties expressed in open court, and, in consultation with the
defendant's counsel, upon a waiver by the defendant of his or her
right to compel the physical presence of the witness, pursuant to the
Sixth Amendment to the United States Constitution and Section 15 of
Article I of the California Constitution. This waiver may be
rescinded by the defendant upon a showing of good cause.
(d) No inducement shall be offered nor any penalty imposed in
connection with a defendant's consent to allow a witness to testify
via closed-circuit television.



2625. (a) For the purposes of this section only, the term "prisoner"
includes any individual in custody in a state prison, the California
Rehabilitation Center, or a county jail, or who is a ward of the
Department of the Youth Authority or who, upon a verdict or finding
that the individual was insane at the time of committing an offense,
or mentally incompetent to be tried or adjudged to punishment, is
confined in a state hospital for the care and treatment of the
mentally disordered or in any other public or private treatment
facility.
(b) In any proceeding brought under Part 4 (commencing with
Section 7800) of Division 12 of the Family Code, and Section 366.26
of the Welfare and Institutions Code, where the proceeding seeks to
terminate the parental rights of any prisoner, or any proceeding
brought under Section 300 of the Welfare and Institutions Code, where
the proceeding seeks to adjudicate the child of a prisoner a
dependent child of the court, the superior court of the county in
which the proceeding is pending, or a judge thereof, shall order
notice of any court proceeding regarding the proceeding transmitted
to the prisoner.
(c) Service of notice shall be made pursuant to Section 7881 or
7882 of the Family Code or Section 290.2, 291, or 294 of the Welfare
and Institutions Code, as appropriate.
(d) Upon receipt by the court of a statement from the prisoner or
his or her attorney indicating the prisoner's desire to be present
during the court's proceedings, the court shall issue an order for
the temporary removal of the prisoner from the institution, and for
the prisoner's production before the court. No proceeding may be
held under Part 4 (commencing with Section 7800) of Division 12 of
the Family Code or Section 366.26 of the Welfare and Institutions
Code and no petition to adjudge the child of a prisoner a dependent
child of the court pursuant to subdivision (a), (b), (c), (d), (e),
(f), (i), or (j) of Section 300 of the Welfare and Institutions Code
may be adjudicated without the physical presence of the prisoner or
the prisoner's attorney, unless the court has before it a knowing
waiver of the right of physical presence signed by the prisoner or an
affidavit signed by the warden, superintendent, or other person in
charge of the institution, or his or her designated representative
stating that the prisoner has, by express statement or action,
indicated an intent not to appear at the proceeding.
(e) In any other action or proceeding in which a prisoner's
parental or marital rights are subject to adjudication, an order for
the prisoner's temporary removal from the institution and for the
prisoner's production before the court may be made by the superior
court of the county in which the action or proceeding is pending, or
by a judge thereof. A copy of the order shall be transmitted to the
warden, superintendent, or other person in charge of the institution
not less than 15 days before the order is to be executed. The order
shall be executed by the sheriff of the county in which it shall be
made, whose duty it shall be to bring the prisoner before the proper
court, to keep the prisoner safely, and when the prisoner's presence
is no longer required, to return the prisoner to the institution from
which he or she was taken. The expense of executing the order shall
be a proper charge against, and shall be paid by, the county in
which the order shall be made.
The order shall be to the following effect:

County of ____ (as the case may be).
The people of the State of California to the warden of ____:
An order having been made this day by me, that (name of prisoner)
be produced in this court as a party in the case of ____, you are
commanded to deliver (name of prisoner) into the custody of ____ for
the purpose of (recite purposes).
Dated this ____ day of ____, 20__.

(f) When a prisoner is removed from the institution pursuant to
this section, the prisoner shall remain in the constructive custody
of the warden, superintendent, or other person in charge of the
institution.
(g) Notwithstanding any other law, a court may not order the
removal and production of a prisoner sentenced to death, whether or
not that sentence is being appealed, in any action or proceeding in
which the prisoner's parental rights are subject to adjudication.

[هيثم الفقى]

***ual Abuse in Detention


2635.
2635. The Department of Corrections and Rehabilitation shall
review informational handbooks regarding ***ual abuse in detention
published by outside organizations. Upon approving the content
thereof, handbooks provided by one or more outside organizations
shall be made available to inmates and wards.



2636. For the purposes of this section, all references to
classification of wards shall take effect upon the adoption of a
classification system for wards developed by the Department of
Corrections and Rehabilitation in compliance with Farrell v. Allen,
Alameda County Superior Court Case No. RG 03079344.
The following practices shall be instituted to prevent ***ual
violence and promote inmate and ward safety in the Department of
Corrections and Rehabilitation:
(a) The Department of Corrections and Rehabilitation inmate
classification and housing assignment procedures shall take into
account risk factors that can lead to inmates and wards becoming the
target of ***ual victimization or of being ***ually aggressive toward
others. Relevant considerations include:
(1) Age of the inmate or ward.
(2) Whether the offender is a violent or nonviolent offender.
(3) Whether the inmate or ward has served a prior term of
commitment.
(4) Whether the inmate or ward has a history of mental illness.
(b) The Department of Corrections and Rehabilitation shall ensure
that staff members intervene when an inmate or ward appears to be the
target of ***ual harassment or intimidation.



2637. The Department of Corrections and Rehabilitation shall ensure
that its protocols for responding to ***ual abuse include all of the
following:
(a) The safety of an inmate or ward who alleges that he or she has
been the victim of ***ual abuse shall be immediately and discreetly
ensured. Staff shall provide the safest possible housing options to
inmates and wards who have experienced repeated abuse. Housing
options may include discreet institution transfers.
(b) Inmates and wards who file complaints of ***ual abuse shall
not be punished, either directly or indirectly, for doing so. If a
person is segregated for his or her own protection, segregation must
be nondisciplinary.
(c) Any person who knowingly or willfully submits inaccurate or
untruthful information in regards to ***ual abuse is punishable
pursuant to department regulations.
(d) Under no circumstances is it appropriate to suggest that an
inmate should fight to avoid ***ual violence or to suggest that the
reported ***ual abuse is not significant enough to be addressed by
staff.
(e) Staff shall not discriminate in their response to inmates and
wards who are gay, bi***ual, or transgender who experience ***ual
aggression, or report that they have experienced ***ual abuse.
(f) Retaliation against an inmate or ward for making an allegation
of ***ual abuse shall be strictly prohibited.



2638. Thoughtful, confidential standards of physical and mental
health care shall be implemented to reduce the impact of ***ual abuse
on inmates and wards in the Department of Corrections and
Rehabilitation that include all of the following:
(a) Victims shall receive appropriate acute-trauma care for rape
victims, including, but not limited to, treatment of injuries,
HIV/AIDS prophylactic measures, and, later, testing for ***ually
transmittable diseases.
(b) Health practitioners who conduct or encounter an inmate or
ward suffering from problems that might indicate ***ual abuse, such
as trauma, ***ually transmissible diseases, pregnancy, or chronic
pain symptoms, shall ask whether the patient has experienced ***ual
abuse.
(c) Practitioners should strive to ask frank, straightforward
questions about ***ual incidents without shaming inmates or
displaying embarrassment about the subject matter.
(d) Confidential mental health counseling intended to help the
victim to cope with the aftermath of abuse shall be offered to those
who report ***ual abuse. Victims shall be monitored for suicidal
impulses, posttraumatic stress disorder, depression, and other mental
health consequences.
(e) Any adult inmate in mental health counseling for any reason
shall be entitled to speak confidentially about ***ual abuse.



2639. The Department of Corrections and Rehabilitation shall ensure
that the following procedures are performed in the investigation and
prosecution of ***ual abuse incidents:
(a) The provision of safe housing options, medical care, and the
like shall not be contingent upon the victim's willingness to press
charges.
(b) Investigations into allegations of ***ual abuse shall include,
when deemed appropriate by the investigating agency, the use of
forensic rape kits, questioning of suspects and witnesses, and
gathering of other relevant evidence.
(c) Physical and testimonial evidence shall be carefully preserved
for use in any future proceedings.
(d) Staff attitudes that inmates and wards cannot provide reliable
information shall be discouraged.
(e) If an investigation confirms that any employee has ***ually
abused an inmate or ward, that employee shall be terminated.
Administrators shall report criminal ***ual abuse by staff to law
enforcement authorities.
(f) Consensual sodomy and oral copulation among inmates is
prohibited by subdivision (e) of Section 286 and subdivision (e) of
Section 288a, respectively. Without repealing those provisions, the
increased scrutiny provided by this article shall apply only to
nonconsensual ***ual contact among inmates and custodial ***ual
misconduct.


2640. The Department of Corrections and Rehabilitation shall
collect data as follows:
(a) The Department of Corrections and Rehabilitation shall keep
statistics on the ***ual abuse of inmates and wards. ***ual abuse
incidents shall not be classified as "other" nor simply included in a
broader category of general assaults.
(b) Statistics shall include whether the abuse was perpetrated by
a staff member or other inmate, the results of the investigation and
any resolution of the complaint by department officials and
prosecution authorities.
The data shall be made available to the Office of the ***ual Abuse
in Detention Elimination Ombudsperson.



2641. (a) The Office of the ***ual Abuse in Detention Elimination
Ombudsperson is hereby created in state government to ensure the
impartial resolution of inmate and ward ***ual abuse complaints. The
office shall be based within the Office of the Inspector General. The
duties of this office may be contracted to outside nongovernmental
experts.
(b) The ombudsperson shall have the authority to inspect all of
the Department of Corrections and Rehabilitation institutions and to
interview all inmates and wards.
(c) The Department of Corrections and Rehabilitation shall allow
all inmates and wards to write confidential letters regarding ***ual
abuse to the ombudsperson.
(d) Information about how to confidentially contact the
ombudsperson shall be clearly posted in all of the Department of
Corrections and Rehabilitation institutions.
(e) The Office of the Inspector General shall investigate reports
of the mishandling of incidents of ***ual abuse, while maintaining
the confidentiality of the victims of ***ual abuse, if requested by
the victim.



2642. The Department of Corrections and Rehabilitation shall:
Develop guidelines for allowing outside organizations and service
agencies to offer resources to inmates and wards, including, but not
limited to, the following:
(1) Rape crisis agencies.
(2) Hospitals.
(3) Gay rights organizations.
(4) HIV/AIDS service providers.
(5) Civil rights organizations.
(6) Human rights organizations.



2643. The provisions of this act are severable. If any provision of
this act or its application is held invalid, that invalidity shall
not affect other provisions or applications that can be given effect
without the invalid provision or application.

[هيثم الفقى]

TREATMENT OF PRISONERS
Mistreatment of Prisoners


2650. The person of a prisoner sentenced to imprisonment in the
State prison is under the protection of the law, and any injury to
his person, not authorized by law, is punishable in the same manner
as if he were not convicted or sentenced.




2651. No punishment, except as may be authorized by the Director of
Corrections, shall be inflicted and then only by the order and under
the direction of the wardens. Nothing in this section shall be
construed as a limitation or impairment of the authority of the Board
of Prison Terms in exercising its functions.


2652. It shall be unlawful to use in the prisons, any cruel,
corporal or unusual punishment or to inflict any treatment or allow
any lack of care whatever which would injure or impair the health of
the prisoner, inmate or person confined; and punishment by the use of
the strait-jacket, gag, thumb-screw, shower-bath or the tricing up
of prisoners, inmates or persons confined is hereby prohibited. Any
person who violates the provisions of this section or who aids,
abets, or attempts in any way to contribute to the violation of this
section shall be guilty of a misdemeanor.



2652.5. No person employed by the Department of Corrections, the
Department of the Youth Authority, or any city or county jail
facility shall place any chain or other mechanical restraint around
the neck of any prisoner for any purpose. Any violation of this
section shall be a misdemeanor.



2653. (a) If a physician employed by the Department of Corrections
or the Department of the Youth Authority certifies in writing that a
particular medical treatment is required to prevent a violation of
Section 147, 673, 2650, or 2652, or is required to prevent serious
and imminent harm to the health of a prisoner, the order for that
particular medical treatment may not be modified or canceled by any
employee of the department without the approval of the chief medical
officer of the institution or the physician in attendance unless an
inmate or ward has a known history of violent or otherwise disruptive
behavior that requires additional measures to protect the safety and
security of the institution specified in writing by the warden or
superintendent, or unless immediate security needs require alternate
or modified procedures. Following any necessary modified or
alternate security procedures, treatment of the inmate or ward shall
be effected as expeditiously as possible.
Nothing in this section shall be construed to prevent a registered
nurse from questioning, or seeking clarification of, an order from a
physician that in the professional judgment of that nurse endangers
patient health or safety, or otherwise is contrary to the
professional ethics of the registered nurse.
(b) Any person who violates this section shall be subject to
appropriate disciplinary action by the department.



2656. (a) A person sentenced to incarceration or who is being held
pursuant to a pending criminal matter in a county or city jail, or
other county or city custodial correctional facility shall not be
deprived of the possession or use of any orthopedic or prosthetic
appliance, if such appliance has been prescribed or recommended and
fitted by a physician.
(b) If, however, the person in charge of the county or city
custodial or correctional facility has probable cause to believe
possession of such orthopedic or prosthetic appliance constitutes an
immediate risk of bodily harm to any person in the facility or
threatens the security of the facility, such appliance may be
removed.
If such appliance is removed, the prisoner shall be deprived of
such appliance only during such time as the facts which constitute
probable cause for its removal continue to exist; if such facts cease
to exist, then the person in charge of the facility shall return
such appliance to the prisoner.
When such appliance is removed, the prisoner shall be examined by
a physician within 24 hours after such removal.
If the examining physician determines that removal is or will be
injurious to the health or safety of the prisoner, he shall so inform
the prisoner and the person in charge of the facility. Upon receipt
of the physician's opinion, the person in charge of the facility
shall either return the appliance to the prisoner or refuse to return
such appliance to the prisoner, informing the physician and the
prisoner of the reasons for such refusal and promptly providing the
prisoner with a form, as specified in subdivision (c) of this
section, by which the prisoner may petition the superior court of the
county in which the facility is located for return of the appliance.

Upon petition by the prisoner, the court shall either order the
appliance returned to the petitioner or within two judicial days
after the petition is filed receive evidence relevant to the granting
or denial of the petition. When evidence is received, the court
shall consider the opinion of the physician who examined the prisoner
and the opinion of the person in charge of the facility and all
other evidence it deems relevant. A decision shall be promptly made
and shall be based upon a weighing of the risk of immediate harm to
persons within the facility and the threat to the security of the
facility created by the appliance's presence in the facility as
against the risk to the health and safety of the petitioner by its
removal.
(c) The form for a request for return of an orthopedic or
prosthetic appliance as required in subdivision (b) of this section
shall be substantially as follows:

(Name of the facility) ____ day of ____ 19__
I, ____ (person in charge of the facility), have today received a
request for the return of an orthopedic or prosthetic appliance,
namely, ____ (description of appliance or device) from the
undersigned prisoner.


_______________________________
Signature or mark of prisoner
making request for return of
appliance or device

When the prisoner has signed or made his mark upon such form, the
person in charge of the facility shall promptly file the completed
form with the superior court.
(d) No person incarcerated in any facility of the Department of
Corrections shall be deprived of the use or possession of any
orthopedic or prosthetic appliance unless both the inmate's personal
physician and a department physician concur in the professional
opinion that such appliance is no longer needed.



2657. (a) No person confined in a state prison, as defined in
Section 4504, shall be subject to any institutional disciplinary
action subsequent to an acquittal in a court of law upon criminal
charges brought and tried for the act or omission which is the sole
basis of the institutional disciplinary action.
(b) Where the act or omission resulting in acquittal is in any way
referred to in any Department of Corrections file pertaining to the
prisoner, the fact of acquittal by a court of law shall be clearly
inscribed near each such reference.

[هيثم الفقى]

Organic Therapy


2670. It is hereby recognized and declared that all persons,
including all persons involuntarily confined, have a fundamental
right against enforced interference with their thought processes,
states of mind, and patterns of mentation through the use of organic
therapies; that this fundamental right requires that no person with
the capacity for informed consent who refuses organic therapy shall
be compelled to undergo such therapy; and that in order to justify
the use of organic therapy upon a person who lacks the capacity for
informed consent, other than psychosurgery as referred to in
subdivision (c) of Section 2670.5 which is not to be administered to
such persons, the state shall establish that the organic therapy
would be beneficial to the person, that there is a compelling
interest in administering such therapy, and that there are no less
onerous alternatives to such therapy.



2670.5. (a) No person confined or detained under Title 1
(commencing with Section 2000) and Title 2 (commencing with Section
3200) shall be administered or subjected to any organic therapy as
defined in subdivision (c) without his or her informed consent,
provided that:
(1) If the person gives his or her informed consent to organic
therapy, it shall be administered only if there has been compliance
with Sections 2675 to 2680, inclusive.
(2) If the person lacks the capacity for informed consent to
organic therapy other than psychosurgery as referred to in
subdivision (c), in order to proceed with the therapy, the warden
shall secure an order from the superior court to authorize the
administration of the therapy in accordance with Sections 2675 to
2680, inclusive.
(b) No person confined or detained under Title 1 (commencing with
Section 2000) or Title 2 (commencing with Section 3200) who lacks the
capacity for informed consent shall be administered or subjected to
psychosurgery as referred to in subdivision (c).
(c) The term organic therapy refers to:
(1) Psychosurgery, including lobotomy, stereotactic surgery,
electronic, chemical or other destruction of brain tissues, or
implantation of electrodes into brain tissue.
(2) Shock therapy, including, but not limited to, any convulsive
therapy and insulin shock treatments.
(3) The use of any drugs, electric shocks, electronic stimulation
of the brain, or infliction of physical pain when used as an aversive
or reinforcing stimulus in a program of aversive, classical, or
operant conditioning.
(d) A person does not waive his or her right to refuse any organic
therapy by having previously given his or her informed consent to
the therapy, and the person may withdraw his or her consent at any
time.
If required by sound medical-psychiatric practice, the attending
physician shall, after the person withdraws his or her previously
given informed consent, gradually phase the person out of the therapy
if sudden cessation would create a serious risk of mental or
physical harm to the person.
(e) Nothing in this article shall be construed to prevent the
attending physician from administering nonorganic therapies such as
psychotherapy, psychoanalysis, group therapy, milieu therapy, or
other therapies or programs involving communication or interaction
among physicians, patients, and others, with or without the use of
drugs when used for purposes other than described in paragraph (3) of
subdivision (c).
(f) Nothing in this article shall be construed to prevent the
administration of drugs not connected with a program of conditioning
and intended to cause negative physical reactions to ingestion of
alcohol or drugs.



2671. (a) Notwithstanding Section 2670.5, if a confined person has
inflicted or attempted to inflict substantial physical harm upon the
person of another or himself, or presents, as a result of mental
disorder, an imminent threat of substantial harm to others or
himself, the attending physician may in such emergency employ or
authorize for no longer than seven days in any three-month period the
immediate use of shock treatments in order to alleviate such danger.

(b) Notwithstanding Section 2670.5, if a confined person gives his
informed consent to a program of shock therapy for a period not to
exceed three months, the attending physician may administer such
therapy for a period not to exceed three months in any one-year
period without prior judicial authorization.



2672. (a) For purposes of this article, "informed consent" means
that a person must knowingly and intelligently, without duress or
coercion, and clearly and explicitly manifest his consent to the
proposed organic therapy to the attending physician.
(b) A person confined shall not be deemed incapable of informed
consent solely by virtue of being diagnosed as a mentally ill,
disordered, abnormal or mentally defective person.
(c) A person confined shall be deemed incapable of informed
consent if such person cannot understand, or knowingly and
intelligently act upon, the information specified in Section 2673.
(d) A person confined shall be deemed incapable of informed
consent if for any reason he cannot manifest his consent to the
attending physician.


2673. (a) For purposes of this article, "informed consent" requires
that the attending physician directly communicate with the person
and clearly and explicitly provide all the following information
prior to the person's decision:
(1) The nature and seriousness of the person's illness, disorder
or defect.
(2) The nature of the proposed organic therapy and its intended
duration.
(3) The likelihood of improvement or deterioration, temporary or
permanent, without the administration of the proposed organic
therapy.
(4) The likelihood and degree of improvement, remission, control,
or cure resulting from the administration of such organic therapy,
and the likelihood, nature, and extent of changes in and intrusions
upon the person's personality and patterns of behavior and thought or
mentation and the degree to which these changes may be irreversible.
This information shall indicate the probable duration and intensity
of such therapy and whether such therapy may have to be continued
indefinitely for optimum therapeutic benefit.
(5) The likelihood, nature, extent, and duration of side effects
of the proposed organic therapy, and how and to what extent they may
be controlled, if at all.
(6) The uncertainty of the benefits and hazards of the proposed
organic therapy because of the lack of sufficient data available to
the medical profession, or any other reason for such uncertainty.
(7) The reasonable alternative organic therapy or
psychotherapeutic modality of therapy, or nonorganic behavior
modification programs, and why the organic therapy recommended is the
therapy of choice. These alternatives shall be described and
explained to the person in the manner specified in this section.
(8) Whether the proposed therapy is generally regarded as sound by
the medical profession, or is considered experimental.



2674. A written manifestation of informed consent shall be obtained
in all cases by the attending physician and shall be preserved and
available to the person, his attorney, his guardian, or his
conservator.


2675. (a) If the proposed organic therapy is not prohibited by
subdivision (a) or (b) of Section 2670.5, then in order to administer
the therapy the warden of the institution in which the person is
confined shall petition the superior court of the county in which the
person is confined for an order authorizing such organic therapy.
(b) The petition shall summarize the facts which the attending
physician is required to communicate to the person pursuant to
Section 2673, and shall state whether the person has the capacity for
informed consent, and, if so, whether the person has given his or
her informed consent to the proposed therapy. The petition shall
clearly specify what organic therapy the institution proposes to
administer to the person. The petition shall specify what mental
illness, disorder, abnormality, or defect justifies the
administration of such therapy. Copies of the petition shall be
personally served upon the person and served upon his or her
attorney, guardian or conservator on the same day as it is filed with
the clerk of the superior court.
(c) The person confined, or his or her attorney, guardian, or
conservator may file a response to the petition for organic therapy.
The response shall be filed no later than 10 days after service of
the petition unless the court grants a continuance not to exceed 10
additional days, and shall be served on the warden on the same day it
is filed.


2676. (a) Any person, or his or her attorney, guardian, or
conservator may file a petition with the superior court of the county
in which he or she is confined for an order to prohibit the
administration upon him or her of an organic therapy. The filing of
such a petition shall constitute a refusal of consent or withdrawal
of any prior consent to an organic therapy. The clerk of the court
shall serve a copy of the petition, on the same day it is filed, upon
the warden.
(b) The warden shall file a response to the petition to prohibit
the enforced administration of any organic therapy. The response
shall be filed no later than 10 days after the filing of the
petition, unless the court grants a continuance not to exceed 10
additional days, and shall be personally served upon the person and
served upon his or her attorney, guardian, or conservator on the same
day as it is filed with the clerk of the superior court. The
response shall not constitute a petition for an order to proceed with
any organic therapy pursuant to Section 2675, which shall be the
exclusive procedure for authorization to administer any organic
therapy.



2677. At the time of filing of a petition pursuant to Section 2676
by the person, or pursuant to Section 2675 by the warden, the court
shall appoint the public defender or other attorney to represent the
person unless the person is financially able to provide his or her
own attorney. The attorney shall advise the person of his or her
rights in relation to the proceeding in question and shall represent
him or her before the court.
The court shall also appoint an independent medical expert on the
person's behalf to examine the person's medical, mental, or emotional
condition and to testify thereon, unless the person is financially
able to obtain the expert testimony. However, if the person has
given his or her informed consent to the proposed organic therapy,
other than psychosurgery as referred to in subdivision (c) of Section
2670.5, and his or her attorney concurs in the proposed
administration of the organic therapy, the court may waive the
requirement that an independent medical expert be appointed.



2678. The court shall conduct the proceedings within 10 judicial
days from the filing of the petition described in Section 2675 or
2676, whichever is filed earlier, unless the warden's attorney or the
person's attorney requests a continuance, which may be for a maximum
of 10 additional judicial days. The court shall conduct the
proceedings in accordance with constitutional guarantees of due
process of law and the procedures under Section 13 of Article I of
the California Constitution.



2679. (a) The court shall determine whether the state has proven,
by clear and convincing evidence, that the confined person has the
capacity for informed consent and has manifested his informed
consent.
(b) If the court has determined that the person lacks the capacity
for informed consent, the court shall determine by clear and
convincing evidence that such therapy, other than psychosurgery as
referred to in subdivision (c) of Section 2670.5, would be
beneficial; that there is a compelling interest justifying the use of
the organic therapy upon the person; that there are no less onerous
alternatives to such organic therapy; and that such organic therapy
is in accordance with sound medical-psychiatric practice. If the
court so determines, then the court shall authorize the
administration of the organic therapy for a period not to exceed six
months.
(c) If the court has determined that the person has the capacity
for informed consent and has manifested his informed consent to
organic therapy, the court shall determine by clear and convincing
evidence that such therapy would be beneficial; that there is a
compelling interest justifying the use of the organic therapy upon
the person; that there are no less onerous alternatives to such
organic therapy; and that such organic therapy is in accordance with
sound medical-psychiatric practice. If the court so determines then
the court shall authorize the administration of the organic therapy
for a period not to exceed six months.


2680. (a) If it is determined by the attending physician that a
confined person should be administered organic therapy, the person
shall be advised and informed of his or her rights under this
article, and he or she shall be provided a copy of this article.
(b) This article shall apply to prisoners confined under this
part in public or private hospitals, sanitariums, and similar
facilities, and to the personnel of the facilities.
(c) A person shall be entitled to communicate in writing and by
visiting with his or her parents, guardian, or conservator regarding
any proposed administration of any organic therapy. The
communication shall not be censored. The person shall be entitled to
communicate in writing with his or her attorney pursuant to Section
2600.
(d) This article shall not prohibit the attending physician from
terminating organic therapy prior to the period authorized for that
therapy by the court, pursuant to Section 2679.

[هيثم الفقى]

Disposition of Insane Prisoners


2684. (a) If, in the opinion of the Director of Corrections, the
rehabilitation of any mentally ill, mentally deficient, or insane
person confined in a state prison may be expedited by treatment at
any one of the state hospitals under the jurisdiction of the State
Department of Mental Health or the State Department of Developmental
Services, the Director of Corrections, with the approval of the Board
of Prison Terms for persons sentenced pursuant to subdivision (b) of
Section 1168, shall certify that fact to the director of the
appropriate department who shall evaluate the prisoner to determine
if he or she would benefit from care and treatment in a state
hospital. If the director of the appropriate department so
determines, the superintendent of the hospital shall receive the
prisoner and keep him or her until in the opinion of the
superintendent the person has been treated to the extent that he or
she will not benefit from further care and treatment in the state
hospital.
(b) Whenever the Director of Corrections receives a recommendation
from the court that a defendant convicted of a violation of Section
646.9 and sentenced to confinement in the state prison would benefit
from treatment in a state hospital pursuant to subdivision (a), the
director shall consider the recommendation. If appropriate, the
director shall certify that the rehabilitation of the defendant may
be expedited by treatment in a state hospital and subdivision (a)
shall apply.



2685. Upon the receipt of a prisoner, as herein provided, the
superintendent of the state hospital shall notify the Director of
Corrections of that fact, giving his name, the date, the prison from
which he was received, and from whose hands he was received. When in
the opinion of the superintendent the mentally ill, mentally
deficient or insane prisoner has been treated to such an extent that
such person will not benefit by further care and treatment in the
state hospital, the superintendent shall immediately notify the
Director of Corrections of that fact. The Director of Corrections
shall immediately send for, take and receive the prisoner back into
prison. The time passed at the state hospital shall count as part of
the prisoner's sentence.

[هيثم الفقى]

Temporary Removal of Prisoners
2690. The Director of Corrections may authorize the temporary
removal from prison or any other institution for the detention of
adults under the jurisdiction of the Department of Corrections of any
inmate, including removal for the purpose of attending college
classes. The director may require that such temporary removal be
under custody. Unless the inmate is removed for medical treatment,
the removal shall not be for a period longer than three days. The
director may require the inmate to reimburse the state, in whole or
in part, for expenses incurred by the state in connection with such
temporary removal other than for medical treatment.




2691. No person imprisoned for a felony listed in Section 667.6
shall be removed or released under Section 2690 from the detention
institution where he or she is confined for the purpose of attending
college classes in any city or county nor shall that person be placed
in a community correctional center pursuant to Chapter 9.5
(commencing with Section 6250) of Title 7 of Part 3. No person under
the jurisdiction of the adult court and confined under the
jurisdiction of the Department of the Youth Authority for conviction
of a felony listed in Section 667.6 shall be removed or released from
the place of confinement for attendance at any educational
institution in any city or county.



2692. The Director of Corrections may enter into contracts with
public or private agencies located either within or outside of the
state for the housing, care, and treatment of inmates afflicted with
acquired immune deficiency syndrome (AIDS) or AIDS-related complex
(ARC).
Substance Abuse Treatment
2694. The Department of Corrections and Rehabilitation shall expand
substance abuse treatment services in prisons to accommodate at
least 4,000 additional inmates who have histories of substance abuse.
In determining the prisons in which these additional treatment
services will be located, the department may consider efficiency and
efficacy of treatment, availability of staff resources, availability
of physical space, and availability of additional resources in
surrounding communities to supplement the treatment. In addition, the
department shall expand followup treatment services in the community
in order to ensure that offenders who participate in substance abuse
treatment while incarcerated in prison shall receive necessary
followup treatment while on parole.
EMPLOYMENT OF PRISONERS
Employment of Prisoners Generally

[هيثم الفقى]

2700. The Department of Corrections shall require of every
able-bodied prisoner imprisoned in any state prison as many hours of
faithful labor in each day and every day during his or her term of
imprisonment as shall be prescribed by the rules and regulations of
the Director of Corrections.
Whenever by any statute a price is required to be fixed for any
services to be performed in connection with the work program of the
Department of Corrections, the compensation paid to prisoners shall
be included as an item of cost in fixing the final statutory price.
Prisoners not engaged on work programs under the jurisdiction of
the Prison Industry Authority, but who are engaged in productive
labor outside of such programs may be compensated in like manner.
The compensation of such prisoners shall be paid either out of funds
appropriated by the Legislature for that purpose or out of such other
funds available to the Department of Corrections for expenditure, as
the Director of Finance may direct.
When any prisoner escapes, the director shall determine what
portion of his or her earnings shall be forfeited and such forfeiture
shall be deposited in the State Treasury in a fund known as the
Inmate Welfare Fund of the Department of Corrections.



2701. (a) The Department of Corrections is hereby authorized and
empowered to cause the prisoners in the state prisons of this state
to be employed in the rendering of services as are now, or may
hereafter be, needed by the state, or any political subdivision
thereof, or that may be needed for any state, county, district,
municipal, school, or other public use, or that may be needed by any
public institution of the state or of any political subdivision
thereof, or that may be needed for use by the federal government, or
any department, agency, or corporation thereof, or that may be needed
for use by the government of any other state, or any department,
agency, or corporation thereof, except for services provided by
enterprises under the jurisdiction of the Prison Industry Authority.
The Department of Corrections may enter into contracts for the
purposes of this article.
(b) The Department of Corrections may cause prisoners in the
prisons of this state to be employed in the rendering of emergency
services for the preservation of life or property within the state,
whether that property is owned by public entities or private
citizens, when a county level state of emergency has been declared
due to a natural disaster and the local governing board has requested
the assistance of the Department of Corrections.



2702. No person imprisoned after conviction of a violation of
Section 502 or of subdivision (b) of Section 502.7 shall be permitted
to work on or have access to any computer system of the department.



2706. All prisoners shall be employed under supervision of the
wardens respectively, and such skilled foremen as they may deem
necessary in the performance of work for the state.



2707. The director is further authorized and empowered to purchase,
install, and equip, such machinery, tools, supplies, materials, and
equipment as may be necessary to carry out the provisions of this
article.


2708. No inmate of any State prison shall be employed in the
manufacture or production, of any article, intended for the private
and personal use of any State officer, or officer, or employee, of
any State institution; provided, that this act shall not prevent
repairing of any kind nor the employment of such inmates in household
or domestic work connected with such prison.



2713. Whenever an inmate is paid for his labor, performed under the
supervision of the Department of Corrections or any other public
agency, and is discharged, all sums due him shall be paid upon
release. If an inmate is released on parole all sums due him shall
be paid to the inmate as prescribed by the director.



2713.1. In addition to any other payment to which he is entitled by
law, each prisoner upon his release shall be paid the sum of two
hundred dollars ($200), from such appropriations that may be made
available for the purposes of this section.
The department may prescribe rules and regulations (a) to limit or
eliminate any payments provided for in this section to prisoners who
have not served for at least six consecutive months prior to their
release in instances where the department determines that such a
payment is not necessary for rehabilitation of the prisoner, (b) to
establish procedures for the payment of the sum of two hundred
dollars ($200) within the first 60 days of a prisoner's release, and
(c) to eliminate any payment provided for in this section to a
parolee who upon release has not been paid the entire amount
prescribed by this section and who willfully absconds after release
on parole, but before any remaining balance of the two hundred dollar
($200) release funds has been paid.
The provisions of this section shall not be applicable if a
prisoner is released to the custody of another state or to the
custody of the federal government.



2713.2. The Department of Corrections and Rehabilitation shall
examine and report to the Legislature on whether the provisions of
existing law related to payments to inmates released from prison are
hindering the success of parolees and resulting in their rapid return
to prison for parole violations. The report shall specifically
examine whether the costs of transportation of the inmate from prison
to the parole location should be paid from the amounts specified in
Section 2713.1 or whether it should be paid separately by the
department. The department shall submit its findings and
recommendations to the Legislature on or before January 15, 2008.




2715. Land belonging to the State of California may, with the
approval of the Department of Finance, be transferred to the
jurisdiction of the director for the purpose of establishing thereon
a prison farm and prisoners in the state prisons may be transferred
to such farm. Products from said farm shall first be used for
supplying the state prisons, prison camps, or the prison farm and any
surplus may be sold to any other state institution.



2716. (a) The Director of Corrections may enter into agreements
with other state agencies for the use of inmates confined in the
state prisons to perform work necessary and proper to be done by them
in facilities of such state agencies for the purpose of vocational
training and the improvement of job skills preparatory to release.
(b) The director shall determine which prisoners shall be eligible
for such assignment and training.
(c) Suitable facilities for the housing, care, and feeding of the
inmates may be provided by the agency for whom the work is performed
at the location of such agency.
(d) The director shall have full jurisdiction over the discipline
and control of the inmates assigned.
(e) The provisions of Title 5 (commencing with Section 4500) of
Part 3 shall apply to all persons on such assignment.



2717. The Department of Corrections shall require prisoners who are
working outside the prison grounds in road cleanup crews pursuant to
Article 4 (commencing with Section 2760) or fire crews pursuant to
Article 5 (commencing with Section 2780) to wear distinctive clothing
for identification purposes.

[هيثم الفقى]

Joint Venture Program


2717.1. Definitions.
(a) For the purposes of this section, joint venture program means
a contract entered into between the Director of Corrections and any
public entity, nonprofit or for profit entity, organization, or
business for the purpose of employing inmate labor.
(b) Joint venture employer means any public entity, nonprofit or
for profit entity, organization, or business which contracts with the
Director of Corrections for the purpose of employing inmate labor.




2717.2. The Director of Corrections shall establish joint venture
programs within state prison facilities to allow joint venture
employers to employ inmates confined in the state prison system for
the purpose of producing goods or services. While recognizing the
constraints of operating within the prison system, such programs will
be patterned after operations outside of prison so as to provide
inmates with the skills and work habits necessary to become
productive members of society upon their release from state prison.



2717.3. The Director of Corrections shall prescribe by rules and
regulations provisions governing the operation and implementation of
joint venture programs, which shall be in furtherance of the findings
and declarations in the Prison Inmate Labor Initiative of 1990.



2717.4. (a) There is hereby established within the Department of
Corrections the Joint Venture Policy Advisory Board. The Joint
Venture Policy Advisory Board shall consist of the Director of
Corrections, who shall serve as chair, the Director of the Employment
Development Department, and five members, to be appointed by the
Governor, three of whom shall be public members, one of whom shall
represent organized labor and one of whom shall represent industry.
Five members shall constitute a quorum and a vote of the majority of
the members in office shall be necessary for the transaction of the
business of the board. Appointed members of the board shall be
compensated at the rate of two hundred dollars ($200) for each day
while on official business of the board and shall be reimbursed for
necessary expenses. The initial terms of the members appointed by
the Governor shall be for one year (one member), two years (two
members), three years (one member), and four years (one member), as
determined by the Governor. After the initial term, all members
shall serve for four years.
(b) The board shall advise the Director of Corrections of policies
that further the purposes of the Prison Inmate Labor Initiative of
1990 to be considered in the implementation of joint venture
programs.



2717.5. In establishing joint venture contracts the Director of
Corrections shall consider the impact on the working people of
California and give priority consideration to inmate employment which
will retain or reclaim jobs in California, support emerging
California industries, or create jobs for a deficient labor market.




2717.6. (a) No contract shall be executed with a joint venture
employer that will initiate employment by inmates in the same job
classification as non-inmate employees of the same employer who are
on strike, as defined in Section 1132.6 of the Labor Code, as it
reads on January 1, 1990, or who are subject to lockout, as defined
in Section 1132.8 of the Labor Code, as it reads on January 1, 1990.

(b) Total daily hours worked by inmates employed in the same job
classification as non-inmate employees of the same joint venture
employer who are on strike, as defined in Section 1132.6 of the Labor
Code, as it reads on January 1, 1990, or who are subject to lockout,
as defined in Section 1132.8 of the Labor Code, as it reads on
January 1, 1990, shall not exceed, for the duration of the strike,
the average daily hours worked for the preceding six months, or if
the program has been in operation for less than six months, the
average for the period of operation.
(c) The determination that a condition described in paragraph (b)
above shall be made by the Director after notification by the union
representing the workers on strike or subject to lockout. The
limitation on work hours shall take effect 48 hours after receipt by
the Director of written notice of the condition by the union.



2717.7. Notwithstanding Section 2812 of the Penal Code or any other
provision of law which restricts the sale of inmate-provided
services or inmate-manufactured goods, services performed and
articles manufactured by joint venture programs may be sold to the
public.



2717.8. The compensation of prisoners engaged in programs pursuant
to contract between the Department of Corrections and joint venture
employers for the purpose of conducting programs which use inmate
labor shall be comparable to wages paid by the joint venture employer
to non-inmate employees performing similar work for that employer.
If the joint venture employer does not employ such non-inmate
employees in similar work, compensation shall be comparable to wages
paid for work of a similar nature in the locality in which the work
is to be performed. Such wages shall be subject to deductions, as
determined by the Director of Corrections, which shall not, in the
aggregate, exceed 80 percent of gross wages and shall be limited to
the following:
(1) Federal, state, and local taxes.
(2) Reasonable charges for room and board, which shall be remitted
to the Director of Corrections.
(3) Any lawful restitution fine or contributions to any fund
established by law to compensate the victims of crime of not more
than 20 percent, but not less than 5 percent, of gross wages, which
shall be remitted to the Director of Corrections for disbursement.
(4) Allocations for support of family pursuant to state statute,
court order, or agreement by the prisoner.




2717.9. Notwithstanding any other provision of law, a prisoner who
participates in a joint venture program is ineligible for
unemployment benefits upon his or her release from prison based upon
participation in that program.
Employment at Road Camps

2760. The Department of Transportation of the State of California
may employ or cause to be employed, prisoners confined in the state
prisons in the improvement and maintenance of any state highway.



2760.1. "Department," as used in this article, means the Department
of Transportation.



2761. The Director of Corrections shall determine which prisoners
shall be eligible for employment by the Department of Transportation
in the improvement and maintenance of state highways, and shall
establish lists of prisoners eligible for such employment. Upon the
requisition of said department, the Director of Corrections shall
send to the place and at the time designated the number of prisoners
requisitioned or such number thereof as have been determined to be
eligible for such employment and are available.
The director may return to prison any prisoner transferred to camp
pursuant to this section, when the need for such prisoner's labor
has ceased or when the prisoner is guilty of any violation of the
rules and regulations of the prison or camp.



2762. The Director of Corrections shall fix a daily rate to be
expended for convict labor, and when so fixed, the Department of
Transportation shall monthly set aside funds to the director to pay
for this labor from funds appropriated in the Budget Act for this
purpose, and where no funds are available to the Department of
Transportation the director may set aside the department's own funds
to pay for this labor from funds appropriated in the Budget Act for
this purpose. The Department of Corrections shall set up an account
for each convict which shall be credited monthly with an amount
computed by multiplying the daily rate by the number of days such
convict actually performed labor during the month. Such account
shall be debited monthly with the convict's proportionate share of
expenses of camp maintenance, including the expenses for food,
medicine, medical attendance, clerical and accounting personnel, and
the expenses necessary to maintain care and welfare facilities such
as camp hospital for first aid, barbershop and cobbler shop, and the
convict's personal expenses covering his drawings from the commissary
for clothing, toilet articles, candy, and other personal items. The
charge for camp maintenance may be made at a standard rate
determined by the department maintaining the camps to be adequate to
cover expenses and shall be adjusted periodically at the discretion
of the department as needs of the camp require. No charge shall be
made against such account for the costs of transporting prisoners to
and from prison and camp or for the expense of guarding prisoners,
which items shall be paid by the Department of Corrections from
appropriations made for the support of the department. The director,
by regulation, may fix the maximum amount, over and above all
deductions, that a convict may receive. The Department of
Corrections, in computing the debits to be made to the convict's
accounts, may add not to exceed 10 percent on all items.



2765. When any prisoner shall wilfully violate the terms of his
employment or the rules and regulations of the Department of
Corrections, the Director of Corrections may in his discretion
determine what portion of all moneys earned by the prisoner shall be
forfeited by the said prisoner and such forfeiture shall be deposited
in the State Treasury in a fund known as the Inmate Welfare Fund of
the Department of Corrections.



2766. This article is not intended to restore, in whole or in part,
the civil rights of any prisoner used hereunder, and such article
shall not be so construed.



2767. No prisoner while engaged in such construction, maintenance
and improvement of a state highway shall drive a motor truck or other
vehicle or wagon outside of the limits established for the camp or
construction work.


2768. Said prisoners when employed under the provisions of this
article shall not be used for the purpose of building any bridge or
structure of like character which requires the employment of skilled
labor.


2770. The Department of Transportation shall designate and
supervise all road work done under the provisions of this article.
It shall provide, supervise and maintain necessary camps and
commissariat, except that where no funds are available to the
Department of Transportation, the director may provide, erect, and
maintain the necessary camps.



2771. The Director of Corrections shall have full jurisdiction at
all times over the discipline and control of the prisoners employed
on said roads.


2772. Any person who, without authority, interferes with or in any
way interrupts the work of any prisoners employed pursuant to this
article, and any person not authorized by law, who gives or attempts
to give to any prisoner so employed any controlled substances or any
intoxicating liquors of any kind whatever, or firearms, weapons or
explosives of any kind, is guilty of a felony and upon conviction
thereof shall be punished by imprisonment in the state prison and
shall be disqualified from holding any state office or position in
the employ of this state. Any person who interferes with the
discipline or good conduct of any prisoner employed pursuant to this
article, while such prisoner is in the confines or limits of the
state prison road camp is guilty of a misdemeanor and upon conviction
thereof shall be punished by imprisonment in the county jail for a
term not more than six months, or by a fine of not more than two
hundred dollars ($200), or by both such fine and imprisonment. Any
peace officer or any officer or guard of any state prison or any
superintendent of such road work, having in charge the prisoners
employed upon such highways or state roads, may arrest without a
warrant any person violating any provisions of this article.
Employment in Public Parks, Forests, etc

2780. Any department, division, bureau, commission or other agency
of the State of California or the Federal Government may use or cause
to be used convicts confined in the state prisons to perform work
necessary and proper to be done by them at permanent, temporary, and
mobile camps to be established under this article. The director may
enter into contracts for the purposes of this article.



2780.1. Money received from the rendering of services under the
prison camp work program shall be paid to the Treasurer monthly and
shall be credited to the support appropriation of the prison
rendering such services, in augmentation thereof. The appropriation
to be credited shall be the appropriation current at the time of
rendering the services. Nothing in this section shall apply to
prison road camps established under Article 4 (commencing with
Section 2760) of this chapter, except that, by mutual agreement
between the Department of Transportation and the Department of
Corrections, subject to the approval of the Department of Finance,
such prison road camps may be administered, instead, under the
provisions of this article.



2780.5. The Director of Corrections may, during declared fire
emergencies, allow the Director of the Department of Forestry and
Fire Protection to use prisoners for fire suppression efforts outside
of the boundaries of California, not to exceed a distance in excess
of 25 miles from the California border, along the borders of Oregon,
Nevada, or Arizona.



2781. The Director of Corrections shall determine which prisoners
shall be eligible for employment under Section 2780, and shall
establish and modify lists of prisoners eligible for such employment.
Upon the requisition of an agency mentioned in Section 2780, the
Director of Corrections may send to the place and at the time
designated the number of prisoners requisitioned or such number
thereof as have been determined to be eligible for such employment
and are available.
The director may return to prison any prisoner transferred to camp
pursuant to this section, when the need for such prisoner's labor
has ceased or when the prisoner is guilty of any violation of the
rules and regulations of the prison or camp.



2782. The director may fix a daily rate to be expended for such
convict labor, and when so fixed, the agency shall monthly set aside
funds to the director to pay for such labor, and where no funds are
available from the agency the director may set aside the department's
own funds to pay for such labor. The director, by regulation, may
authorize any or all deductions to be made from the pay due convicts
as provided for convicts at road camps under Section 2762. The
director, by regulation, may also fix the maximum amount, over and
above all deductions, that a convict may receive.



2785. Whenever prisoners are paid for their labor under this
article and a prisoner wilfully violates the terms of his employment
or the rules of the camp or the Department of Corrections the
Director of Corrections may in his discretion determine what portion
of all moneys earned by the prisoner shall be forfeited by the
prisoner and such forfeiture shall be deposited in the State Treasury
in the fund known as the Inmate Welfare Fund of the Department of
Corrections.


2786. All money in the Inmate Welfare Fund of the Department of
Corrections is hereby appropriated for educational and recreational
purposes at the various prison camps established under this article
and shall be expended by the director upon warrants drawn upon the
State Treasury by the State Controller after approval of the claims
by the California Victim Compensation and Government Claims Board.




2786.1. The secretary shall make weight training equipment
available to inmates assigned to fire suppression efforts pursuant to
this article. The weight training equipment shall be used in
accordance with the provisions of Section 5010.


2787. The agency providing work for convicts under this article
shall designate and supervise all work done under the provisions of
this article. The agency shall provide, erect and maintain the
necessary camps, except that where no funds are available to the
agency, the director may provide, erect and maintain the necessary
camps. The director shall supervise and manage the necessary camps
and commissariat.



2788. The director shall have full jurisdiction at all times over
the discipline and control of the convicts performing work under this
article.


2790. Any person, who, without authority, interferes with or in any
way interrupts the work of any convict used pursuant to this article
and any person not authorized by law, who gives or attempts to give
to any state prison convict so employed any controlled substances, or
any intoxicating liquors of any kind whatever, or firearms, weapons
or explosives of any kind is guilty of a felony and upon conviction
thereof shall be punished by imprisonment in the state prison and
shall be disqualified from holding any state office or position in
the employ of this state. Any person who interferes with the
discipline or good conduct of any convict used pursuant to this
article, while such convict is in such camps is guilty of a
misdemeanor and upon conviction thereof shall be punished by
imprisonment in the county jail for a term not more than six months,
or by a fine of not more than four hundred dollars ($400), or by both
such fine and imprisonment. Any peace officer or any officer or
guard of any state prison or any superintendent of such work, having
in charge the convicts used in such camps, may arrest without a
warrant any person violating any provisions of this article.



2791. This article is not intended to restore, in whole or in part,
the civil rights of any convict used hereunder, and such article
shall not be so construed.



2792. Camps may be established under this article for the
employment of paroled prisoners.
SALE OF PRISON-MADE GOODS
Prison Industry Authority


2800. Commencing July 1, 2005, there is hereby continued in
existence within the Department of Corrections and Rehabilitation the
Prison Industry Authority. As used in this article, "authority"
means the Prison Industry Authority. Commencing July 1, 2005, any
reference to the Department of Corrections shall refer to the
Department of Corrections and Rehabilitation.



2801. The purposes of the authority are:
(a) To develop and operate industrial, agricultural, and service
enterprises employing prisoners in institutions under the
jurisdiction of the Department of Corrections, which enterprises may
be located either within those institutions or elsewhere, all as may
be determined by the authority.
(b) To create and maintain working conditions within the
enterprises as much like those which prevail in private industry as
possible, to assure prisoners employed therein the opportunity to
work productively, to earn funds, and to acquire or improve effective
work habits and occupational skills.
(c) To operate a work program for prisoners which will ultimately
be self-supporting by generating sufficient funds from the sale of
products and services to pay all the expenses of the program, and one
which will provide goods and services which are or will be used by
the Department of Corrections, thereby reducing the cost of its
operation.



2802. Commencing July 1, 2005, there is hereby continued in
existence within the Department of Corrections and Rehabilitation a
Prison Industry Board. The board shall consist of the following 11
members:
(a) The Secretary of the Department of Corrections and
Rehabilitation, or his or her designee.
(b) The Director of the Department of General Services, or his or
her designee.
(c) The Secretary of Business, Transportation and Housing, or his
or her designee.
(d) The Speaker of the Assembly shall appoint two members to
represent the general public.
(e) The Senate Committee on Rules shall appoint two members to
represent the general public.
(f) The Governor shall appoint four members. Of these, two shall
be representatives of organized labor, and two shall be
representatives of industry. The initial term of one of the members
appointed by the Speaker of the Assembly shall be two years, and the
initial term of the other shall be three years. The initial term of
one of the members appointed by the Senate Committee on Rules shall
be two years, and the initial term of the other shall be three years.
The initial terms of the four members appointed by the Governor
shall be four years. All subsequent terms of all members shall be for
four years. Each member's term shall continue until the appointment
and qualification of his or her successor.



2803. The Secretary of the Department Corrections and
Rehabilitation shall be the chairperson of the board. The chairperson
shall be the administrative head of the board and shall exercise all
duties and functions necessary to insure that the responsibilities
of the board are successfully discharged. The board shall hold
meetings on the call of the chairperson or a majority of the board.
Six members of the board, including the chairperson, shall constitute
a quorum. The vote of a majority of the members serving on the board
is necessary for the transaction of the business of the board.



2804. The appointed members of the board shall receive a per diem
to be determined by the chairperson, but not less than the usual per
diem rate allowed to the Department of Corrections and Rehabilitation
employees during travel out of state. All members, including the
chairperson, shall also receive their actual and necessary expenses
of travel incurred in attending meetings of the commission and in
making investigations, either as a board or individually as members
of the board at the request of the chairperson. All the expenses
shall be paid from the Prison Industries Revolving Fund.



2805. The authority shall assume jurisdiction over the operation of
all industrial, agricultural, and service operations formerly under
the jurisdiction of the Correctional Industries Commission. In
addition, the authority shall have the power to establish new
industrial, agricultural and service enterprises which it deems
appropriate, to initiate and develop new vocational training
programs, and to assume jurisdiction over existing vocational
training programs. The authority shall have control over and the
power to buy and sell all equipment, supplies and materials used in
the operations over which it assumes control and jurisdiction.




2806. There is hereby constituted a permanent revolving fund in the
sum of not less than seven hundred thirty thousand dollars
($730,000), to be known as the Prison Industries Revolving Fund, and
to be used to meet the expenses necessary in the purchasing of
materials and equipment, salaries, construction and cost of
administration of the prison industries program. The fund may also be
used to refund deposits either erroneously made or made in cases
where delivery of products cannot be consummated. The fund shall at
all times contain the amount of at least seven hundred thirty
thousand dollars ($730,000), either in cash or in receivables,
consisting of raw materials, finished or unfinished products,
inventory at cost, equipment, or any combination of the above. Money
received from the rendering of services or the sale of products in
the prisons and institutions under the jurisdiction of the Department
of Corrections and Rehabilitation pursuant to this article shall be
paid to the State Treasurer monthly and shall be credited to the
fund. At any time that the Secretary of the Department of Corrections
and Rehabilitation and the Director of Finance jointly determine
that the balance in that revolving fund is greater than is necessary
to carry out the purposes of the authority, they shall so inform the
Controller and request a transfer of the unneeded balance from the
revolving fund to the General Fund of the State of California. The
Controller is authorized to transfer balances upon request. Funds
deposited in the revolving fund are not subject to annual
appropriation by the Legislature and may be used without a time limit
by the authority.
The Prison Industries Revolving Fund is not subject to the
provisions of Articles 2 (commencing with Section 13320) and 3
(commencing with Section 13335) of Chapter 3 of Part 3 of Division 3
of Title 2 of the Government Code.
Any major capital outlay project undertaken by the authority
pursuant to this article shall be subject to review by the Public
Works Board pursuant to the provisions of Part 10.5 (commencing with
Section 15752) of Division 3 of Title 2 of the Government Code.




2807. (a) The authority is hereby authorized and empowered to
operate industrial, agricultural, and service enterprises which will
provide products and services needed by the state, or any political
subdivision thereof, or by the federal government, or any department,
agency, or corporation thereof, or for any other public use.
Products may be purchased by state agencies to be offered for sale to
inmates of the department and to any other person under the care of
the state who resides in state-operated institutional facilities.
Fresh meat may be purchased by food service operations in state-owned
facilities and sold for onsite consumption.
(b) All things authorized to be produced under subdivision (a)
shall be purchased by the state, or any agency thereof, and may be
purchased by any county, city, district, or political subdivision, or
any agency thereof, or by any state agency to offer for sale to
persons residing in state-operated institutions, at the prices fixed
by the Prison Industry Authority. State agencies shall make maximum
utilization of these products, and shall consult with the staff of
the authority to develop new products and adapt existing products to
meet their needs.



2808. The board, in the exercise of its duties, shall have all of
the powers and do all of the things that the board of directors of a
private corporation would do, except as specifically limited in this
article, including, but not limited to, all of the following:
(a) To enter into contracts and leases, execute leases, pledge the
equipment, inventory and supplies under the control of the authority
and the anticipated future receipts of any enterprise under the
jurisdiction of the authority as collateral for loans, and execute
other necessary instruments and documents.
(b) To assure that all funds received by the authority are kept in
commercial accounts according to standard accounting practices.
(c) To arrange for an independent annual audit.
(d) To review and approve the annual budget for the authority, in
order to assure that the solvency of the Prison Industries Revolving
Fund is maintained.
(e) To contract to employ a general manager to serve as the chief
administrative officer of the authority. The general manager shall
serve at the pleasure of the chairperson. The general manager shall
have wide and successful experience with a productive enterprise, and
have a demonstrated appreciation of the problems associated with
prison management.
(f) To apply for and administer grants and contracts of all kinds.

(g) To establish, notwithstanding any other provision of law,
procedures governing the purchase of raw materials, component parts,
and any other goods and services which may be needed by the authority
or in the operation of any enterprise under its jurisdiction. Those
procedures shall contain provisions for appeal to the board from any
action taken in connection with them.
(h) To establish, expand, diminish, or discontinue industrial,
agricultural and service enterprises under the authority's
jurisdiction to enable it to operate as a self-supporting enterprise,
to provide as much employment for inmates as is feasible, and to
provide diversified work activities to minimize the impact on
existing private industry in the state.
(i) To hold public hearings pursuant to subdivision (h) to provide
an opportunity for persons or organizations who may be affected to
appear and present testimony concerning the plans and activities of
the authority. The authority shall assure adequate public notice of
those hearings. No new industrial, agricultural, or service
enterprise which involves a gross annual production of more than
fifty thousand dollars ($50,000) shall be established unless and
until a hearing concerning the enterprise has been held by a
committee of persons designated by the board including at least two
board members. The board shall take into consideration the effect of
a proposed enterprise on California industry and shall not approve
the establishment of the enterprise if the board determines it would
have a comprehensive and substantial adverse impact on California
industry which cannot be mitigated.
(j) To periodically determine the prices at which activities,
supplies, and services shall be sold.
(k) To report to the Legislature in writing, on or before February
1 of each year, regarding:
(1) The financial activity and condition of each enterprise under
its jurisdiction.
(2) The plans of the board regarding any significant changes in
existing operations.
(3) The plans of the board regarding the development of new
enterprises.
(4) A breakdown, by institution, of the number of prisoners at
each institution, working in enterprises under the jurisdiction of
the authority, said number to indicate the number of prisoners which
are not working full time.



2809. Notwithstanding any other provision of law, commencing July
1, 2005, the authority may recruit and employ civilian staff that may
be necessary to carry out the purposes of this article, and shall
establish recruiting, testing, hiring, promotion, disciplinary, and
dismissal procedures and practices which will meet the unique
personnel needs of the authority. The practices may include
incentives based on productivity, profit-sharing plans, or other
criteria which will encourage civilian employee involvement in the
productivity goals of the authority. The procedures and practices
shall apply to all employees working in enterprises under the
jurisdiction of the authority. The general manager shall be the
appointing authority for all personnel of the authority other than
the general manager.



2810. Commencing July 1, 2005, the general manager, with the
approval of the Department of Finance, may authorize the borrowing of
money by the authority for purposes of any of the following:
(a) Operating the business affairs of the authority.
(b) Purchasing new equipment, materials and supplies.
(c) Constructing new facilities, or repairing, remodeling, or
demolishing old facilities.
Funds may be borrowed from private sources, upon those terms that
the Department of Finance deems appropriate, including but not
limited to, the use of equipment under the jurisdiction of the
authority, and of the future income of an enterprise under the
jurisdiction of the authority, as collateral to secure any loan.




2810.5. Notwithstanding any other provision of law, commencing July
1, 2005, the Pooled Money Investment Board, or its successor, may
grant loans to the authority when money is appropriated for that
purpose by the Legislature, upon application by the Secretary of the
Department of Corrections and Rehabilitation, in order to finance the
establishment of a new industrial, agricultural, or service
enterprise. All loans shall bear the same interest rate as the pooled
money market investment rate and shall have a maximum repayment
period of 20 years from the date of approval of the loan.
Prior to making its decision to grant a loan, the Pooled Money
Investment Board, or its successor, shall require the authority to
demonstrate all of the following:
(a) The proposed industry project cannot be feasibly financed from
private sources under Section 2810. The authority shall present
proposed loan conditions from at least two private sources.
(b) The proposed industry project cannot feasibly be financed from
proceeds from other Prison Industry Authority enterprises.
(c) The proceeds from the proposed project provide for a
reasonable payback schedule to the General Fund.



2811. Commencing July 1, 2005, the general manager shall adopt and
maintain a compensation schedule for inmate employees. That
compensation schedule shall be based on quantity and quality of work
performed and shall be required for its performance, but in no event
shall that compensation exceed one-half the minimum wage provided in
Section 1182 of the Labor Code, except as otherwise provided in this
code. This compensation shall be credited to the account of the
inmate.
Inmate compensation shall be paid from the Prison Industries
Revolving Fund.



2812. It is unlawful for any person to sell, expose for sale, or
offer for sale within this state, any article or articles
manufactured wholly or in part by convict or other prison labor,
except articles the sale of which is specifically sanctioned by law.

Every person selling, exposing for sale, or offering for sale any
article manufactured in this state wholly or in part by convict or
other prison labor, the sale of which is not specifically sanctioned
by law, is guilty of a misdemeanor.



2813. The director may provide for the manufacture of small
articles of handiwork by the prisoners out of raw materials purchased
by the prisoners with their own funds or funds borrowed from the
Inmates' Welfare Fund, or from raw materials furnished by the
director without compensation therefor as provided in this section
which articles may be sold to the public at the state prisons, in
public buildings, at fairs, or on property operated by nonprofit
associations. State-owned property shall not be given to prisoners
for use under this section, unless all proceeds from the sale thereof
shall be deposited in the Inmates' Welfare Fund. The director may
provide that all or a part of the sale price of all other articles
manufactured and sold under this section be deposited to the account
of the prisoner manufacturing the article.



2813.5. Notwithstanding any other provision of this chapter except
subdivision (i) of Section 2808, and notwithstanding subdivision (l)
of Section 22851.3 of the Vehicle Code, the Director of Corrections
may provide for the inmates in trade and industrial education or
vocational training classes established under Section 2054 to restore
and rebuild donated salvageable and abandoned vehicles. If these
vehicles comply with Section 24007.5 of the Vehicle Code, they may be
sold at public auction to private persons. This activity shall be
subject to the public hearing requirements of subdivision (i) of
Section 2808 at any time that this activity involves a gross annual
production of more than fifty thousand dollars ($50,000).
The proceeds of the sale after deduction of the cost of materials
shall be deposited in the Restitution Fund in the State Treasury and,
upon appropriation by the Legislature, may be used for
indemnification of victims of crimes.



2814. Notwithstanding any provision of this chapter, products and
byproducts of agricultural and animal husbandry enterprises, except
nursery stock, may be sold to private persons, at public or private
sale, under rules prescribed by the board.



2815. Commencing July 1, 2005, the authority may, under rules
prescribed by the Secretary of the Department of Corrections and
Rehabilitation, dispose of products developed from the operations of
industrial enterprises in prisons and institutions under the
jurisdiction of the authority by sale to foreign governments,
corporations for distribution in foreign countries, and private
persons or their agents in markets outside the United States and in
countries which permit the importation of prison-made goods. All
sales made pursuant to this section shall be reported to the
Legislature in the general manager's annual report pursuant to
Section 2808.



2816. With the approval of the Department of Finance, there shall
be transferred to, or deposited in, the Prison Industries Revolving
Fund for purposes authorized by this section, money appropriated from
any source including sources other than state appropriations.
Notwithstanding subdivision (b) of Section 2808, the general
manager may order any authorized public works project involving
construction, renovation, or repair of prison facilities to be
performed by inmate labor when the total expenditure does not exceed
the project limit established by Section 10108 of the Public Contract
Code. Projects entailing expenditure of greater than the project
limit established by Section 10108 of the Public Contract Code shall
be reviewed and approved by the Secretary of the Department of
Corrections and Rehabilitation.
Money so transferred or deposited shall be available for
expenditure by the department for the purposes for which
appropriated, contributed or made available, without regard to fiscal
years and irrespective of the provisions of Sections 13340 and 16304
of the Government Code. Money transferred or deposited pursuant to
this section shall be used only for purposes authorized in this
section.



2817. The Inmate Construction Revolving Account is hereby created
in the Prison Industries Revolving Fund, established in Section 2806,
to receive funds transferred or deposited for the purposes described
in Section 2816.


2818. The New Industries Revolving Account is hereby created in the
Prison Industries Revolving Fund to receive General Fund or other
public money transferred or deposited for the purpose of financing
new enterprises or the expansion of existing enterprises. Money in
the fund may be disbursed by the board subject to the conditions
prescribed in Section 2810.5.

[هيثم الفقى]

Sale of Prison Goods Made Outside California


2880. To the extent and insofar as the same may be permitted under
the provisions of the Constitution of the United States and the acts
of Congress, all goods, wares, and merchandise manufactured,
produced, or mined wholly or in part by prisoners (except prisoners
on parole or probation) or manufactured, produced, or mined wholly or
in part in any state prison, transported into the State of
California and remaining herein for use, consumption, sale, or
storage, shall upon arrival and delivery in this state be subject to
the operation and effect of the laws of this state to the same extent
and in the same manner as though those commodities had been
manufactured, produced, or mined in this state by prisoners or in any
state prison, and shall not be exempt therefrom by reason of being
introduced in the original package or otherwise.



2881. No person, firm, partnership, association or corporation
within this State shall sell or offer, trade, consign, keep, expose
or display for sale any goods, wares or merchandise manufactured,
assembled, produced or mined in whole or in part by prisoners in any
penitentiary, prison, reformatory or other establishment in which
prison labor is employed, unless such prison-made goods, wares, or
merchandise are plainly, legibly, conspicuously and indelibly
branded, molded, embossed, stenciled or labeled with the words
"Convict-made" in plain, bold letters followed by the name of such
penitentiary, prison, reformatory or other establishment in which the
goods, wares or merchandise were made.



2882. It is hereby specifically provided that any article of
prison-made goods, wares or merchandise, as described in the
preceding section, may be labeled by the attachment of a label not
smaller than four inches long and two inches wide, upon which is
printed the words "Convict-made" in plain, bold letters followed by
the name of such penitentiary, prison, reformatory, or other
establishment in which the goods, wares or merchandise were made;
provided, that in the judgment of officials charged with the
enforcement of this article such prison-made goods, wares or
merchandise can not be legibly, conspicuously and indelibly branded,
molded, embossed, stenciled or labeled as provided in said preceding
section.


2883. The size and type of such stenciling or label must be
consistent with the size and character of the merchandise to which
such stenciling or label applies. The size, type and character of
such stenciling or label will be subject to the approval of the
officials of the State of California responsible for the enforcement
of this article.



2884. No person, firm, partnership, association or corporation
within this state shall sell or offer, trade, consign, keep, expose,
or display for sale any goods, wares or merchandise manufactured,
assembled, produced, or mined in whole or in part by prisoners in
any penitentiary, prison, reformatory, or other establishment in
which prison labor is employed, unless those prison-made goods,
wares, or merchandise have first been disinfected or sterilized in a
plant located in California and licensed by the State Department of
Health Services in accordance with any regulations of the State
Department of Health Services now in force or which later may be made
effective.
It is hereby further provided that certificate of that
disinfection or sterilization must accompany, be stamped on or
attached to those goods, wares, or merchandise in a manner or form
prescribed by the officials of the State of California responsible
for the enforcement of this article.



2885. No person, firm, partnership, association, or corporation
within this State shall sell or offer, trade, consign, keep, expose
or display for sale any goods, wares or merchandise manufactured,
assembled, produced or mined in whole or in part by the prisoners in
any penitentiary, prison, reformatory or other establishment in which
prison labor is employed, unless such person, firm, partnership,
association or corporation shall keep permanently and conspicuously
displayed within the same inclosure and within 10 feet of the place
where said prison-made goods, wares or merchandise are kept, exposed,
displayed or offered for sale a suitable sign, at least 36 inches
wide and 10 inches high, on which appear in legible letters not less
than two inches high the following words: "Convict-made products on
sale here."



2886. Any person, firm, partnership, association or corporation
within this State, when advertising in any periodical or publication
any goods, wares or merchandise made in whole or in part by prisoners
in any penitentiary, prison, reformatory or other establishment in
which prison labor is employed, must insert the words "Convict-made,"
in such advertisement in type or other letters conforming in size or
shape to those used in the text of said periodical or publication.



2887. Any person, firm, partnership, association or corporation
violating the provisions of this article shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine
of not less than fifty dollars ($50) or more than five hundred
dollars ($500) for each offense, or by imprisonment in the county
jail for not less than 30 days or more than six months or by both
such fine and imprisonment.



2888. The State Superintendent of Weights and Measures or any
deputy or inspector authorized by him, shall have access to any
premises or any records held by any person, firm, partnership,
association or corporation containing any information pertaining to
the prison-made goods, wares or merchandise referred to herein.




2889. The enforcement of the provisions of this article shall be
under the supervision of the State Superintendent of Weights and
Measures.


2890. The provisions of this article shall not apply to any goods,
wares or merchandise manufactured in any penitentiary or prison of
this State.


2891. No person or corporation may sell, expose for sale or offer
for sale any goods, wares or merchandise manufactured, produced or
mined wholly or in part by prisoners (except prisoners on parole or
probation) or manufactured, produced or mined wholly or in part in
any State prison the sale of which is not specifically sanctioned by
law; and any person or corporation violating any provision of this
section is guilty of a misdemeanor.

EXECUTION OF SENTENCES OF IMPRISONMENT
Commencement of Term


2900. (a) The term of imprisonment fixed by the judgment in a
criminal action commences to run only upon the actual delivery of the
defendant into the custody of the Director of Corrections at the
place designated by the Director of Corrections as a place for the
reception of persons convicted of felonies.
(b) Except as otherwise provided in this section, the place of
reception shall be an institution under the jurisdiction of the
Director of Corrections.
(1) As an emergency measure, the Director of Corrections may
direct that persons convicted of felonies may be received and
detained in jails or other facilities and that the judgment will
commence to run upon the actual delivery of the defendant into such
place and that any persons previously received and confined for
conviction of a felony may be, as an emergency, temporarily housed at
such place and the time during which such person is there shall be
computed as a part of the term of judgment.
(2) In any case in which, pursuant to the agreement on detainers
or other provision of law, a prisoner of another jurisdiction is,
before completion of actual confinement in a penal or correctional
institution of a jurisdiction other than the State of California,
sentenced by a California court to a term of imprisonment for a
violation of California law, and the judge of the California court
orders that the California sentence shall run concurrently with the
sentence which such person is already serving, the Director of
Corrections shall designate the institution of the other jurisdiction
as the place for reception of such person within the meaning of the
preceding provisions of this section. He may also designate the
place in California for reception of such person in the event that
actual confinement under the prior sentence ends before the period of
actual confinement required under the California sentence.
(3) In any case in which a person committed to the Director of
Corrections is subsequently committed to a penal or correctional
institution of another jurisdiction, the subsequent commitment is
ordered to be served concurrently with the California commitment, the
prisoner is placed in a penal or correctional institution of the
other jurisdiction, and the prisoner is not received by the Director
of Corrections pursuant to subdivision (a), the Director of
Corrections shall designate the institution of the other jurisdiction
as the place for reception and service of the California term.
(c) Except as provided in this section, all time served in an
institution designated by the Director of Corrections shall be
credited as service of the term of imprisonment.
(1) If a person is ordered released by a court from the custody
and jurisdiction of the Director of Corrections pursuant to Section
1272 or 1506 or any other provision of law permitting the legal
release of prisoners, time during which the person was released shall
not be credited as service of the prison term.
(2) If a prisoner escapes from the custody and jurisdiction of the
Director of Corrections, the prisoner shall be deemed an escapee and
fugitive from justice, until the prisoner is available to return to
the custody of the Director of Corrections or the State of
California. Time during which the prisoner is an escapee shall not
be credited as service of the prison term.
(d) The Department of Corrections may contract for the use of any
facility of the state or political subdivision thereof to care for
persons received in accordance with this section.



2900.1. Where a defendant has served any portion of his sentence
under a commitment based upon a judgment which judgment is
subsequently declared invalid or which is modified during the term of
imprisonment, such time shall be credited upon any subsequent
sentence he may receive upon a new commitment for the same criminal
act or acts.



2900.5. (a) In all felony and misdemeanor convictions, either by
plea or by verdict, when the defendant has been in custody,
including, but not limited to, any time spent in a jail, camp, work
furlough facility, halfway house, rehabilitation facility, hospital,
prison, juvenile detention facility, or similar residential
institution, all days of custody of the defendant, including days
served as a condition of probation in compliance with a court order,
and including days credited to the period of confinement pursuant to
Section 4019, shall be credited upon his or her term of imprisonment,
or credited to any fine on a proportional basis, including, but not
limited to, base fines and restitution fines, which may be imposed,
at the rate of not less than thirty dollars ($30) per day, or more,
in the discretion of the court imposing the sentence. If the total
number of days in custody exceeds the number of days of the term of
imprisonment to be imposed, the entire term of imprisonment shall be
deemed to have been served. In any case where the court has imposed
both a prison or jail term of imprisonment and a fine, any days to be
credited to the defendant shall first be applied to the term of
imprisonment imposed, and thereafter the remaining days, if any,
shall be applied to the fine on a proportional basis, including, but
not limited to, base fines and restitution fines.
(b) For the purposes of this section, credit shall be given only
where the custody to be credited is attributable to proceedings
related to the same conduct for which the defendant has been
convicted. Credit shall be given only once for a single period of
custody attributable to multiple offenses for which a consecutive
sentence is imposed.
(c) For the purposes of this section, "term of imprisonment"
includes any period of imprisonment imposed as a condition of
probation or otherwise ordered by a court in imposing or suspending
the imposition of any sentence, and also includes any term of
imprisonment, including any period of imprisonment prior to release
on parole and any period of imprisonment and parole, prior to
discharge, whether established or fixed by statute, by any court, or
by any duly authorized administrative agency.
(d) It shall be the duty of the court imposing the sentence to
determine the date or dates of any admission to, and release from,
custody prior to sentencing and the total number of days to be
credited pursuant to this section. The total number of days to be
credited shall be contained in the abstract of judgment provided for
in Section 1213.
(e) It shall be the duty of any agency to which a person is
committed to apply the credit provided for in this section for the
period between the date of sentencing and the date the person is
delivered to the agency.
(f) If a defendant serves time in a camp, work furlough facility,
halfway house, rehabilitation facility, hospital, juvenile detention
facility, similar residential facility, or home detention program in
lieu of imprisonment in a county jail, and the statute under which
the defendant is sentenced requires a mandatory minimum period of
time in jail, the time spent in these facilities or programs shall
qualify as mandatory time in jail.
(g) Notwithstanding any other provision of this code as it
pertains to the sentencing of convicted offenders, nothing in this
section is to be construed as authorizing the sentencing of convicted
offenders to any of the facilities or programs mentioned herein.
(h) This section shall become operative on January 1, 1999.



2901. It is hereby made the duty of the wardens of the State
prisons to receive persons sentenced to imprisonment in a State
prison, and such persons shall be imprisoned until duly released
according to law.


2902. All criminals sentenced to prison by the authority of the
United States or of any state or territory of the United States, may
be received by the Director of Corrections and imprisoned in
California state prisons in accordance with the sentence of the court
by which they were tried. The prisoners so confined shall be
subject in all respects to discipline and treatment as though
committed under the laws of this State and the Director of
Corrections is authorized to enter into contracts with the proper
agencies of the United States and of other states and territories of
the United States with regard to the per diem rate such agencies
shall pay to the State of California for the keep of each prisoner.



2903. (a) In any case in which a woman offender can be sentenced to
imprisonment in the county jail, or be required to serve a term of
imprisonment therein as a condition of probation, or has already been
so sentenced or imprisoned, the court which tried the offender may,
with the consent of the offender and on application of the sheriff or
on its own motion, with the consent of the offender, commit the
offender to the sheriff with directions for placement in the
California Institution for Women in lieu of placement in the county
jail if the court finds that the local detention facilities are
inadequate for the rehabilitation of the offenders and if the court
concludes that the offender will benefit from that treatment and care
as is available at that institution and the county has entered into
a contract with the state under subdivision (b). The offenders may
be received by the Director of Corrections and imprisoned in the
California Institution for Women in accordance with the commitment of
the court by which tried. The prisoners so confined shall be
subject in all respects to discipline, diagnosis, and treatment as
though committed under the laws of this state concerning felony
prisoners.
(b) The Director of Corrections may enter into contracts, with the
approval of the Director of General Services, with any county in
this state, upon request of the board of supervisors thereof, wherein
the Department of Corrections agrees to furnish diagnosis and
treatment services and detention for selected women county prisoners.
The county shall reimburse the state for the cost of the services,
the cost to be determined by the Director of Finance. In any
contract entered into pursuant to this subdivision, the county shall
agree to pay that amount which is reasonably necessary for payment of
an allowance to each released or paroled prisoner for transportation
to the prisoner's county of residence or county where employment is
available, and may agree to provide suitable clothing and a cash
gratuity to the prisoners in the event that they are discharged from
that institution because of parole or completion of the term for
which they were sentenced. Each county auditor shall include in his
state settlement report rendered to the Controller in the months of
January and June the amounts due under any contract authorized by
this section, and the county treasurer, at the time of settlement
with the state in those months, shall pay to the State Treasurer upon
order of the Controller, the amounts found to be due.
(c) The Department of Corrections shall accept the women county
prisoners if it believes that they can be materially benefited by the
confinement, care, treatment and employment and if adequate
facilities to provide the care are available. None of those persons
shall be transported to any facility under the jurisdiction of the
Department of Corrections until the director has notified the
referring court that the person may be transported to the California
Institution for Women and the time at which she can be received.
(d) The sheriff of the county in which an order is made placing a
woman county prisoner pursuant to this section, or any other peace
officer designated by the court, shall execute the order placing the
person in the institution or returning her therefrom to the court.
The expenses of the peace officer incurred in executing the order is
a charge upon the county in which the court is situated.
(e) The Director of Corrections may return to the committing
authority any woman prisoner transferred pursuant to this section
when that person is guilty of any violation of rules and regulations
of the California Institution for Women or the Department of
Corrections.
(f) No woman prisoner placed in the California Institution for
Women pursuant to this section shall thereafter be deemed to have
been guilty of a felony solely by virtue of such placement, and she
shall have the same rights to parole and to time off for good
behavior as she would have had if she had been confined in the county
jail.

[هيثم الفقى]

Commencement of Term

Transfer of Prisoners



2910. (a) The Director of Corrections may enter into an agreement
with a city, county, or city and county, to permit transfer of
prisoners in the custody of the Director of Corrections to a jail or
other adult correctional facility of the city, county, or city and
county, if the sheriff or corresponding official having jurisdiction
over the facility has consented thereto. The agreement shall provide
for contributions to the city, county, or city and county toward
payment of costs incurred with reference to such transferred
prisoners.
(b) When an agreement entered into pursuant to subdivision (a) is
in effect with respect to a particular local facility, the Director
of Corrections may transfer prisoners whose terms of imprisonment
have been fixed and parole violators to the facility.
(c) Prisoners so transferred to a local facility may, with
approval of the Director of Corrections, participate in programs of
the facility, including work furlough rehabilitation programs.
(d) Prisoners transferred to such facilities are subject to the
rules and regulations of the facility in which they are confined, but
remain under the legal custody of the Department of Corrections 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.
(e) The Director of Corrections, to the extent possible, shall
select city, county, or city and county facilities in areas where
medical, food, and other support services are available from nearby
existing prison facilities.
(f) The Director of Corrections, with the approval of the
Department of General Services, may enter into an agreement to lease
state property for a period not in excess of 20 years to be used as
the site for a facility operated by a city, county, or city and
county authorized by this section.
(g) No agreement may be entered into under this section unless the
cost per inmate in the facility is no greater than the average costs
of keeping an inmate in a comparable facility of the department, as
determined by the director.


2910.5. (a) Pursuant to Section 2910, the Director of Corrections
may enter into a long-term agreement not to exceed 20 years with a
city, county, or city and county to place parole violators and other
state inmates in a facility which is specially designed and built for
the incarceration of parole violators and specified state prison
inmates.
(b) The agreement shall provide that persons providing security at
the facilities shall be peace officers as defined in Sections 830.1
and 830.55 who have satisfactorily met the minimum selection and
training standards prescribed by the Board of Corrections for local
correctional personnel established under Section 6035.
(c) A parole violator or other inmate may be confined in a
facility established under this section.
(1) If convicted within the last 10 years of a violent felony, as
defined in subdivision (c) of Section 667.5, or convicted of a crime,
as defined in Sections 207, 210.5, 214, 217.1, or 220, or if that
person has a history of escape or attempted escape, the Department of
Corrections, prior to placing the parole violator or inmate in the
facility, shall review each individual case to make certain that this
placement is in keeping with the need to protect society.
(2) No inmate or parole violator who has received a sentence of
life imprisonment within the past 20 years shall be eligible.
(3) The superintendent of the facility also shall review each
individual case where the inmate or parolee has been convicted within
the last 10 years of a crime specified in this subdivision and shall
ascertain whether this is an appropriate placement. The
superintendent shall reject those whom he or she determines are
inappropriate due to their propensity for violence or escape and
shall submit written findings for the rejection to the Department of
Corrections.
(4) No parole violator who receives a revocation sentence greater
than 12 months shall be confined in a facility established under this
section.
(5) The Department of Corrections shall establish additional
guidelines as to inmates eligible for the facilities.
(d) In determining the reimbursement rate pursuant to an agreement
entered into pursuant to subdivision (a), the director shall take
into consideration the costs incurred by the city, county, or city
and county for services and facilities provided and any other factors
that are necessary and appropriate to fix the obligations,
responsibilities, and rights of the respective parties.
(e) Facilities operated by the county shall be under the
supervision of the sheriff. Facilities operated by the city shall be
under the supervision of a chief of police or a facility
superintendent who shall have at least five years similar experience.

(f) Cities or counties contracting with the Department of
Corrections for a facility pursuant to this section shall be
responsible for managing and maintaining the security of the facility
pursuant to the regulations and direction of the Director of
Corrections. No city or county may contract with any private
provider to manage, operate, or maintain the security of the
facility.


2910.6. The Director of Corrections may enter into an agreement
consistent with applicable law for a city, county, or city and county
to construct and operate community corrections programs, restitution
centers, halfway houses, work furlough programs, or other
correctional programs authorized by state law.



2911. (a) The Director of Corrections may enter into contracts,
with the approval of the Director of General Services, with
appropriate officials or agencies of the United States for the
confinement, care, education, treatment, and employment of those
persons convicted of criminal offenses in the courts of this state
and committed to state prisons as the director believes can benefit
by the confinement, care, education, treatment, and employment.
(b) Any contract entered into pursuant to subdivision (a) shall
provide for (1) reimbursement to the United States government for the
cost of those services, including any costs incurred by the
government in transporting the prisoners, and (2) any other matters
as may be necessary and appropriate to fix the obligations,
responsibilities and rights of the respective parties to the
contract.
(c) No inmate may be transferred from an institution within this
state to a federal facility pursuant to a contract entered into
pursuant to subdivision (a) unless he or she has executed, in the
presence of the warden or other head of the institution in this state
in which he or she is confined, a written consent to the transfer.
The inmate shall have the right to a private consultation with an
attorney of his or her choice, concerning his or her rights and
obligations under this section, prior to his or her appearance before
the warden or other head of the institution for the purpose of
executing the written consent.
(d) Whenever a contract has been made pursuant to this section the
director may direct the transfer of an inmate to the facility
designated and shall thereafter deliver the inmate to the custody of
the appropriate federal officials for transportation to that
facility. An inmate so transferred shall at all times be subject to
the jurisdiction of this state and may at any time be removed from
the facility in which he or she is confined for return to this state,
for transfer to another facility in which this state may have a
contractual or other right to confine inmates, for release on
probation or parole, for discharge, or for any other purpose
permitted by the laws of this state; in all other respects, an inmate
transferred to a federal facility shall be subject to all provisions
of the law or regulations applicable to persons committed for
violations of laws of the United States not inconsistent with the
sentence imposed on the inmate.
(e) The Board of Prison Terms, and the panels and members thereof,
may meet at the federal facility where an inmate is confined
pursuant to this section or enter into cooperative arrangements with
corresponding federal agencies or officials, as necessary to carry
out the term-fixing and parole functions. Nothing in this
subdivision shall be deemed to waive an inmate's right to personally
appear before the Board of Prison Terms.
(f) Any inmate confined pursuant to a contract entered into
pursuant to this section shall be released within the territory of
this state unless the inmate, this state and the federal government
shall agree upon release in some other place. This state shall bear
the cost of return of the inmate to its territory.
(g) This section shall not apply to an inmate who is transferred
by the Department of Corrections to the United States Immigration and
Naturalization Service pursuant to Section 5025.



2911. (a) The Director of Corrections may enter into contracts,
with the approval of the Director of General Services, with
appropriate officials or agencies of the United States for the
confinement, care, education, treatment, and employment of persons
convicted of criminal offenses in the courts of this state and
committed to state prisons as the director believes can benefit by
confinement, care, education, treatment, and employment.
(b) Any contract entered into pursuant to subdivision (a) shall
provide for (1) reimbursement to the United States government for the
cost of services, including any costs incurred by the federal
government in transporting prisoners, and (2) other matters as may be
necessary and appropriate to fix the obligations, responsibilities
and rights of the respective parties to the contract.
(c) No inmate may be transferred from an institution within this
state to a federal facility pursuant to a contract unless he or she
has executed, in the presence of the warden or other head of the
institution in this state in which he or she is confined, a written
consent to the transfer. The inmate shall have the right to a
private consultation with an attorney of his or her choice,
concerning his or her rights and obligations under this section,
prior to his or her appearance before the warden or other head of the
institution for the purpose of executing the written consent.
(d) Whenever a contract has been made pursuant to this section the
director may direct the transfer of an inmate to the facility
designated and shall thereafter deliver the inmate to the custody of
the appropriate federal officials for transportation to the facility.
An inmate so transferred shall at all times be subject to the
jurisdiction of this state and may at any time be removed from the
facility in which he or she is confined for return to this state, for
transfer to another facility in which this state may have a
contractual or other right to confine inmates, for release on
probation or parole, for discharge, or for any other purpose
permitted by the laws of this state; in all other respects, an inmate
transferred to a federal facility shall be subject to all provisions
of the law or regulations applicable to persons committed for
violations of laws of the United States not inconsistent with the
sentence imposed on the inmate.
(e) The Board of Prison Terms, and the panels and members thereof,
may meet at the federal facility where an inmate is confined
pursuant to this section or enter into cooperative arrangements with
corresponding federal agencies or officials, as necessary to carry
out the term-fixing and parole functions. Nothing in this
subdivision shall be deemed to waive an inmate's right to personally
appear before the Board of Prison Terms.
(f) Any inmate confined pursuant to a contract entered into
pursuant to this section shall be released within the territory of
this state unless the inmate, this state and the federal government
shall agree upon release in some other place. This state shall bear
the cost of return of the inmate to his or her territory.
(g) This section shall not apply to any inmate or ward who is
transferred by the Department of the Youth Authority or the
Department of Corrections to the custody of the Attorney General of
the United States pursuant to Section 5025.



2912. (a) Under its Foreign Prisoner Transfer Program, the Board of
Prison Terms shall devise a method of notifying each foreign born
inmate in a prison or reception center operated by the Department of
Corrections that he or she may be eligible to serve his or her term
of imprisonment in his or her nation of citizenship as provided in
federal treaties.
(b) (1) The Board of Prison Terms shall actively encourage each
eligible foreign born inmate to apply for return to his or her
nation of citizenship as provided in federal treaties and shall
provide quarterly reports outlining its efforts under this section to
the Chairperson of the Joint Legislative Budget Committee and the
chairperson of each fiscal committee of the Legislature.
(2) The Board of Prison Terms shall adopt the model program
developed by the State of Texas for encouraging participation in the
federal repatriation program where appropriate.



2913. A city shall give notice to, and consult with, the county
prior to contracting with the state pursuant to Section 2910 of this
code or Section 1753.3 of the Welfare and Institutions Code.

Credit on Term of Imprisonment



2930. (a) The Department of Corrections shall inform every prisoner
sentenced under Section 1170, for a crime committed prior to January
1, 1983, not later than 14 days after reception in prison, of all
applicable prison rules and regulations including the possibility of
receiving a one-third reduction of the sentence for good behavior and
participation. Within 14 days of the prisoner's arrival at the
institution to which the prisoner is ultimately assigned by the
Department of Corrections, the prisoner shall be informed of the
range of programs offered by that institution and their availability
at that institution. The prisoner's central file shall reflect
compliance with the provisions of this section not later than 90 days
after reception in prison.
(b) The department shall, within 90 days after July 1, 1977,
inform every prisoner who committed a felony before July 1, 1977, and
who would have been sentenced under Section 1170 if the felony had
been committed after July 1, 1977, of all applicable prison rules and
regulations, which have not previously been provided, of the range
of programs offered and their availability, and the possibility of
receiving a reduction for good behavior and participation of
one-third of the prisoner's remaining sentence after July 1, 1977.
The prisoner's central file shall reflect compliance with the
provisions of this section.



2931. (a) In any case in which a prisoner was sentenced to the
state prison pursuant to Section 1170, or if he committed a felony
before July 1, 1977, and he would have been sentenced under Section
1170 if the felony had been committed after July 1, 1977, the
Department of Corrections shall have the authority to reduce the term
prescribed under such section by one-third for good behavior and
participation consistent with subdivision (d) of Section 1170.2. A
document shall be signed by a prison official and given to the
prisoner, at the time of compliance with Section 2930, outlining the
conditions which the prisoner shall meet to receive the credit. The
conditions specified in such document may be modified upon any of the
following:
(1) Mutual consent of the prisoner and the Department of
Corrections.
(2) The transfer of the prisoner from one institution to another.

(3) The department's determination of the prisoner's lack of
adaptability or success in a specific program or assignment. In such
case the prisoner shall be entitled to a hearing regarding the
department's decision.
(4) A change in custodial status.
(b) Total possible good behavior and participation credit shall
result in a four-month reduction for each eight months served in
prison or in a reduction based on this ratio for any lesser period of
time. Three months of this four-month reduction, or a reduction
based on this ratio for any lesser period, shall be based upon
forbearance from any act for which the prisoner could be prosecuted
in a court of law, either as a misdemeanor or a felony, or any act of
misconduct described as a serious disciplinary infraction by the
Department of Corrections.
(c) One month of this four-month reduction, or a reduction based
on this ratio for a lesser period, shall be based solely upon
participation in work, educational, vocational, therapeutic or other
prison activities. Failure to succeed after demonstrating a
reasonable effort in the specified activity shall not result in loss
of participation credit. Failure to participate in the specified
activities can result in a maximum loss of credit of 30 days for each
failure to participate. However, those confined for other than
behavior problems shall be given specified activities commensurate
with the custodial status.
(d) This section shall not apply to any person whose crime was
committed on or after January 1, 1983.



2932. (a) (1) For any time credit accumulated pursuant to Section
2931 or to Section 2933, not more than 360 days of credit may be
denied or lost for a single act of murder, attempted murder,
solicitation of murder, manslaughter, rape, sodomy, or oral
copulation accomplished against the victim's will, attempted rape,
attempted sodomy, or attempted oral copulation accomplished against
the victim's will, assault or battery causing serious bodily injury,
assault with a deadly weapon or caustic substance, taking of a
hostage, escape with force or violence, or possession or manufacture
of a deadly weapon or explosive device, whether or not prosecution is
undertaken for purposes of this paragraph. Solicitation of murder
shall be proved by the testimony of two witnesses, or of one witness
and corroborating circumstances.
(2) Not more than 180 days of credit may be denied or lost for a
single act of misconduct, except as specified in paragraph (1), which
could be prosecuted as a felony whether or not prosecution is
undertaken.
(3) Not more than 90 days of credit may be denied or lost for a
single act of misconduct which could be prosecuted as a misdemeanor,
whether or not prosecution is undertaken.
(4) Not more than 30 days of credit may be denied or lost for a
single act of misconduct defined by regulation as a serious
disciplinary offense by the Department of Corrections. Any person
confined due to a change in custodial classification following the
commission of any serious disciplinary infraction shall, in addition
to any loss of time credits, be ineligible to receive participation
or worktime credit for a period not to exceed the number of days of
credit which have been lost for the act of misconduct or 180 days,
whichever is less. Any person confined in a secure housing unit for
having committed any misconduct specified in paragraph (1) in which
great bodily injury is inflicted upon a nonprisoner shall, in
addition to any loss of time credits, be ineligible to receive
participation or worktime credit for a period not to exceed the
number of days of credit which have been lost for that act of
misconduct, or for the period that the prisoner is confined in a
secure housing unit, whichever is less. In unusual cases, an inmate
may be denied the opportunity to participate in a credit qualifying
assignment for up to six months beyond the period specified in this
subdivision if the Director of Corrections finds, after a hearing,
that no credit qualifying program may be assigned to the inmate
without creating a substantial risk of physical harm to staff or
other inmates. At the end of the six-month period and of successive
six-month periods, the denial of the opportunity to participate in a
credit qualifying assignment may be renewed upon a hearing and
finding by the director.
The prisoner may appeal the decision through the department's
review procedure, which shall include a review by an individual
independent of the institution who has supervisorial authority over
the institution.
(b) For any credit accumulated pursuant to Section 2931, not more
than 30 days of participation credit may be denied or lost for a
single failure or refusal to participate. Any act of misconduct
described by the Department of Corrections as a serious disciplinary
infraction if committed while participating in work, educational,
vocational, therapeutic, or other prison activity shall be deemed a
failure to participate.
(c) Any procedure not provided for by this section, but necessary
to carry out the purposes of this section, shall be those procedures
provided for by the Department of Corrections for serious
disciplinary infractions if those procedures are not in conflict with
this section.
(1) (A) The Department of Corrections shall, using reasonable
diligence to investigate, provide written notice to the prisoner.
The written notice shall be given within 15 days after the discovery
of information leading to charges that may result in a possible
denial of credit, except that if the prisoner has escaped, the notice
shall be given within 15 days of the prisoner's return to the
custody of the Director of Corrections. The written notice shall
include the specific charge, the date, the time, the place that the
alleged misbehavior took place, the evidence relied upon, a written
explanation of the procedures that will be employed at the
proceedings and the prisoner's rights at the hearing. The hearing
shall be conducted by an individual who shall be independent of the
case and shall take place within 30 days of the written notice.
(B) The Department of Corrections may delay written notice beyond
15 days when all of the following factors are true:
(i) An act of misconduct is involved which could be prosecuted as
murder, attempted murder, or assault on a prison employee, whether or
not prosecution is undertaken.
(ii) Further investigation is being undertaken for the purpose of
identifying other prisoners involved in the misconduct.
(iii) Within 15 days after the discovery of information leading to
charges that may result in a possible denial of credit, the
investigating officer makes a written request to delay notifying that
prisoner and states the reasons for the delay.
(iv) The warden of the institution approves of the delay in
writing.
The period of delay under this paragraph shall not exceed 30 days.
The prisoner's hearing shall take place within 30 days of the
written notice.
(2) The prisoner may elect to be assigned an employee to assist in
the investigation, preparation, or presentation of a defense at the
disciplinary hearing if it is determined by the department that: (i)
the prisoner is illiterate; or (ii) the complexity of the issues or
the prisoner's confinement status makes it unlikely that the prisoner
can collect and present the evidence necessary for an adequate
comprehension of the case.
(3) The prisoner may request witnesses to attend the hearing and
they shall be called unless the person conducting the hearing has
specific reasons to deny this request. The specific reasons shall be
set forth in writing and a copy of the document shall be presented
to the prisoner.
(4) The prisoner has the right, under the direction of the person
conducting the hearing, to question all witnesses.
(5) At the conclusion of the hearing the charge shall be dismissed
if the facts do not support the charge, or the prisoner may be found
guilty on the basis of a preponderance of the evidence.
(d) If found guilty the prisoner shall be advised in writing of
the guilty finding and the specific evidence relied upon to reach
this conclusion and the amount of time-credit loss. The prisoner may
appeal the decision through the Department of Corrections' review
procedure, and may, upon final notification of appeal denial, within
15 days of the notification demand review of the department's denial
of credit to the Board of Prison Terms, and the board may affirm,
reverse, or modify the department's decision or grant a hearing
before the board at which hearing the prisoner shall have the rights
specified in Section 3041.5.
(e) Each prisoner subject to Section 2931 shall be notified of the
total amount of good behavior and participation credit which may be
credited pursuant to Section 2931, and his or her anticipated
time-credit release date. The prisoner shall be notified of any
change in the anticipated release date due to denial or loss of
credits, award of worktime credit, under Section 2933, or the
restoration of any credits previously forfeited.
(f) If the conduct the prisoner is charged with also constitutes a
crime, the Department of Corrections may refer the case to criminal
authorities for possible prosecution. The department shall notify
the prisoner, who may request postponement of the disciplinary
proceedings pending the referral.
The prisoner may revoke his or her request for postponement of the
disciplinary proceedings up until the filing of the accusatory
pleading. In the event of the revocation of the request for
postponement of the proceeding, the department shall hold the hearing
within 30 days of the revocation.
Notwithstanding the notification requirements in this paragraph
and subparagraphs (A) and (B) of paragraph (1) of subdivision (c), in
the event the case is referred to criminal authorities for
prosecution and the authority requests that the prisoner not be
notified so as to protect the confidentiality of its investigation,
no notice to the prisoner shall be required until an accusatory
pleading is filed with the court, or the authority notifies the
warden, in writing, that it will not prosecute or it authorizes the
notification of the prisoner. The notice exceptions provided for in
this paragraph shall only apply if the criminal authority requests of
the warden, in writing, and within the 15 days provided in
subparagraph (A) of paragraph (1) of subdivision (c), that the
prisoner not be notified. Any period of delay of notice to the
prisoner shall not exceed 30 days beyond the 15 days referred to in
subdivision (c). In the event that no prosecution is undertaken, the
procedures in subdivision (c) shall apply, and the time periods set
forth in that subdivision shall commence to run from the date the
warden is notified in writing of the decision not to prosecute. In
the event the authority either cancels its requests that the prisoner
not be notified before it makes a decision on prosecution or files
an accusatory pleading, the provisions of this paragraph shall apply
as if no request had been received, beginning from the date of the
cancellation or filing.
In the case where the prisoner is prosecuted by the district
attorney, the Department of Corrections shall not deny time credit
where the prisoner is found not guilty and may deny credit if the
prisoner is found guilty, in which case the procedures in subdivision
(c) shall not apply.
(g) If time credit denial proceedings or criminal prosecution
prohibit the release of a prisoner who would have otherwise been
released, and the prisoner is found not guilty of the alleged
misconduct, the amount of time spent incarcerated, in excess of what
the period of incarceration would have been absent the alleged
misbehavior, shall be deducted from the prisoner's parole period.
(h) Nothing in the amendments to this section made at the 1981-82
Regular Session of the Legislature shall affect the granting or
revocation of credits attributable to that portion of the prisoner's
sentence served prior to January 1, 1983.



2932.5. A prisoner who is found by a trial court to be a vexatious
litigant as defined by Section 391 of the Code of Civil Procedure,
shall be denied or lose 30 days of work time credit awarded under
Section 2933.


2933. (a) It is the intent of the Legislature that persons
convicted of a crime and sentenced to the state prison under Section
1170 serve the entire sentence imposed by the court, except for a
reduction in the time served in the custody of the Director of
Corrections for performance in work, training or education programs
established by the Director of Corrections. Worktime credits shall
apply for performance in work assignments and performance in
elementary, high school, or vocational education programs.
Enrollment in a two- or four-year college program leading to a degree
shall result in the application of time credits equal to that
provided in Section 2931. For every six months of full-time
performance in a credit qualifying program, as designated by the
director, a prisoner shall be awarded worktime credit reductions from
his or her term of confinement of six months. A lesser amount of
credit based on this ratio shall be awarded for any lesser period of
continuous performance. Less than maximum credit should be awarded
pursuant to regulations adopted by the director for prisoners not
assigned to a full-time credit qualifying program. Every prisoner
who refuses to accept a full-time credit qualifying assignment or who
is denied the opportunity to earn worktime credits pursuant to
subdivision (a) of Section 2932 shall be awarded no worktime credit
reduction. Every prisoner who voluntarily accepts a half-time credit
qualifying assignment in lieu of a full-time assignment shall be
awarded worktime credit reductions from his or her term of
confinement of three months for each six-month period of continued
performance. Except as provided in subdivision (a) of Section 2932,
every prisoner willing to participate in a full-time credit
qualifying assignment but who is either not assigned to a full-time
assignment or is assigned to a program for less than full time, shall
receive no less credit than is provided under Section 2931. Under
no circumstances shall any prisoner receive more than six months'
credit reduction for any six-month period under this section.
(b) Worktime credit is a privilege, not a right. Worktime credit
must be earned and may be forfeited pursuant to the provisions of
Section 2932. Except as provided in subdivision (a) of Section 2932,
every prisoner shall have a reasonable opportunity to participate in
a full-time credit qualifying assignment in a manner consistent with
institutional security and available resources.
(c) Under regulations adopted by the Department of Corrections,
which shall require a period of not more than one year free of
disciplinary infractions, worktime credit which has been previously
forfeited may be restored by the director. The regulations shall
provide for separate classifications of serious disciplinary
infractions as they relate to restoration of credits, the time period
required before forfeited credits or a portion thereof may be
restored, and the percentage of forfeited credits that may be
restored for these time periods. For credits forfeited for
commission of a felony specified in paragraph (1) of subdivision (a)
of Section 2932, the Department of Corrections may provide that up to
180 days of lost credit shall not be restored and up to 90 days of
credit shall not be restored for a forfeiture resulting from
conspiracy or attempts to commit one of those acts. No credits may
be restored if they were forfeited for a serious disciplinary
infraction in which the victim died or was permanently disabled.
Upon application of the prisoner and following completion of the
required time period free of disciplinary offenses, forfeited credits
eligible for restoration under the regulations for disciplinary
offenses other than serious disciplinary infractions punishable by a
credit loss of more than 90 days shall be restored unless, at a
hearing, it is found that the prisoner refused to accept or failed to
perform in a credit qualifying assignment, or extraordinary
circumstances are present that require that credits not be restored.
"Extraordinary circumstances" shall be defined in the regulations
adopted by the director. However, in any case in which worktime
credit was forfeited for a serious disciplinary infraction punishable
by a credit loss of more than 90 days, restoration of credit shall
be at the discretion of the director.
The prisoner may appeal the finding through the Department of
Corrections review procedure, which shall include a review by an
individual independent of the institution who has supervisorial
authority over the institution.
(d) The provisions of subdivision (c) shall also apply in cases of
credit forfeited under Section 2931 for offenses and serious
disciplinary infractions occurring on or after January 1, 1983.




2933.1. (a) Notwithstanding any other law, any person who is
convicted of a felony offense listed in subdivision (c) of Section
667.5 shall accrue no more than 15 percent of worktime credit, as
defined in Section 2933.
(b) The 15-percent limitation provided in subdivision (a) shall
apply whether the defendant is sentenced under Chapter 4.5
(commencing with Section 1170) of Title 7 of Part 2 or sentenced
under some other law. However, nothing in subdivision (a) shall
affect the requirement of any statute that the defendant serve a
specified period of time prior to minimum parole eligibility, nor
shall any offender otherwise statutorily ineligible for credit be
eligible for credit pursuant to this section.
(c) Notwithstanding Section 4019 or any other provision of law,
the maximum credit that may be earned against a period of confinement
in, or commitment to, a county jail, industrial farm, or road camp,
or a city jail, industrial farm, or road camp, following arrest and
prior to placement in the custody of the Director of Corrections,
shall not exceed 15 percent of the actual period of confinement for
any person specified in subdivision (a).
(d) This section shall only apply to offenses listed in
subdivision (a) that are committed on or after the date on which this
section becomes operative.



2933.2. (a) Notwithstanding Section 2933.1 or any other law, any
person who is convicted of murder, as defined in Section 187, shall
not accrue any credit, as specified in Section 2933.
(b) The limitation provided in subdivision (a) shall apply whether
the defendant is sentenced under Chapter 4.5 (commencing with
Section 1170) of Title 7 of Part 2 or sentenced under some other law.

(c) Notwithstanding Section 4019 or any other provision of law, no
credit pursuant to Section 4019 may be earned against a period of
confinement in, or commitment to, a county jail, industrial farm, or
road camp, or a city jail, industrial farm, or road camp, following
arrest for any person specified in subdivision (a).
(d) This section shall only apply to murder that is committed on
or after the date on which this section becomes operative.



2933.3. Notwithstanding any other provision of law, any inmate
assigned to a conservation camp by the Department of Corrections who
is eligible to earn one day of worktime credit for every one day of
service pursuant to Section 2933 shall instead earn two days of
worktime credit for every one day of service. This enhanced worktime
credit shall only apply to service performed after January 1, 2003.




2933.4. (a) Notwithstanding any other provision of law, any inmate
under the custody of the Department of Corrections and Rehabilitation
who is not currently serving and has not served a prior
indeterminate sentence or a sentence for a violent felony, a serious
felony, or a crime that requires him or her to register as a ***
offender pursuant to Section 290, who has successfully completed an
inprison drug treatment program, upon release from state prison,
shall, whenever possible, be entered into a 150-day residential
aftercare drug treatment program sanctioned by the department.
(b) As a condition of parole, if the inmate successfully completes
150 days of residential aftercare treatment, as determined by the
Department of Corrections and Rehabilitation and the aftercare
provider, the parolee shall be discharged from parole supervision at
that time.
(c) Commencing with 2008, the department shall report annually to
the Joint Legislative Budget Committee and the State Auditor on the
effectiveness of these provisions, including recidivism rates.



2933.5. (a) (1) Notwithstanding any other provision of law, every
person who is convicted of any felony offense listed in paragraph
(2), and who previously has been convicted two or more times, on
charges separately brought and tried, and who previously has served
two or more separate prior prison terms, as defined in subdivision
(g) of Section 667.5, of any offense or offenses listed in paragraph
(2), shall be ineligible to earn credit on his or her term of
imprisonment pursuant to this chapter.
(2) As used in this subdivision, "felony offense" includes any of
the following:
(A) Murder, as defined in Sections 187 and 189.
(B) Voluntary manslaughter, as defined in subdivision (a) of
Section 192.
(C) Mayhem as defined in Section 203.
(D) Aggravated mayhem, as defined in Section 205.
(E) Kidnapping, as defined in Section 207, 209, or 209.5.
(F) Assault with vitriol, corrosive acid, or caustic chemical of
any nature, as described in Section 244.
(G) Rape, as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.
(H) Sodomy by means of force, violence, duress, menace or fear of
immediate and unlawful bodily injury on the victim or another person,
as described in subdivision (c) of Section 286.
(I) Sodomy while voluntarily acting in concert, as described in
subdivision (d) of Section 286.
(J) Lewd or lascivious acts on a child under the age of 14 years,
as described in subdivision (b) of Section 288.
(K) Oral copulation by means of force, violence, duress, menace,
or fear of immediate and unlawful bodily injury on the victim or
another person, as described in subdivision (c) of Section 288a.
(L) Continuous ***ual abuse of a child, as described in Section
288.5.
(M) ***ual penetration, as described in subdivision (a) of Section
289.
(N) Exploding a destructive device or explosive with intent to
injure, as described in Section 12303.3, with intent to murder, as
described in Section 12308, or resulting in great bodily injury or
mayhem, as described in Section 12309.
(O) Any felony in which the defendant personally inflicted great
bodily injury, as provided in Section 12022.53 or 12022.7.
(b) A prior conviction of an offense listed in subdivision (a)
shall include a conviction in another jurisdiction for an offense
which includes all of the elements of the particular felony as
defined under California law.
(c) This section shall apply whenever the present felony is
committed on or after the effective date of this section, regardless
of the date of commission of the prior offense or offenses resulting
in credit-earning ineligibility.
(d) This section shall be in addition to, and shall not preclude
the imposition of, any applicable sentence enhancement terms, or
probation ineligibility and habitual offender provisions authorized
under any other section.


2933.6. (a) Notwithstanding any other law, a person who is placed
in a Security Housing Unit or an Administrative Segregation Unit for
misconduct described in subdivision (b) is ineligible to earn work
credits or good behavior credits during the time he or she is in the
Security Housing Unit or the Administrative Segregation Unit for that
misconduct.
(b) This section applies to the following offenses:
(1) Murder, attempted murder, and solicitation of murder. For
purposes of this paragraph, solicitation of murder shall be proven by
the testimony of two witnesses, or of one witness and corroborating
circumstances.
(2) Manslaughter.
(3) Assault or battery causing serious bodily injury.
(4) Assault or battery on a peace officer or other nonprisoner
which results in physical injury.
(5) Assault with a deadly weapon or caustic substance.
(6) Rape, attempted rape, sodomy, attempted sodomy, oral
copulation, or attempted oral copulation accomplished against the
victim's will.
(7) Taking a hostage.
(8) Escape or attempted escape with force or violence.
(9) Escape from any departmental prison or institution other than
a camp or reentry facility.
(10) Possession or manufacture of a deadly weapon or explosive
device.
(11) Arson involving damage to a structure.
(12) Possession of flammable, explosive material with intent to
burn any structure or property.
(13) Solicitation of assault with a deadly weapon or assault by
means of force likely to produce great bodily injury, arson, or a
forcible *** act.
(14) Intentional destruction of state property in excess of four
hundred dollars ($400) during a riot or disturbance.
(c) This section does not apply if the administrative finding of
the misconduct is overturned or if the person is criminally
prosecuted for the misconduct and is found not guilty.



2934. Under rules prescribed by the Director of Corrections, a
prisoner subject to the provisions of Section 2931 may waive the
right to receive time credits as provided in Section 2931 and be
subject to the provisions of Section 2933. In order to exercise a
waiver under this section, a prisoner must apply in writing to the
Department of Corrections. A prisoner exercising a waiver under this
section shall retain only that portion of good behavior and
participation credits, which have not been forfeited pursuant to
Section 2932, attributable to the portion of the sentence served by
the prisoner prior to the effective date of the waiver. A waiver
under this section shall, if accepted by the department, become
effective at a time to be determined by the Director of the
Department of Corrections.



2935. Under the guidelines prescribed by the rules and regulations
of the director, the Director of Corrections may grant up to 12
additional months of reduction of the sentence to a prisoner who has
performed a heroic act in a life-threatening situation, or who has
provided exceptional assistance in maintaining the safety and
security of a prison.

Blacklist or Extortion of Discharged Prisoner

2947. Any person who knowingly and willfully communicates to
another, either orally or in writing, any statement concerning any
person then or theretofore convicted of a felony, and then finally
discharged, and which communication is made with the purpose and
intent to deprive such person so convicted of employment, or to
prevent him from procuring the same, or with the purpose and intent
to extort from him any money or article of value; and any person who
threatens to make any such communication with the purpose and intent
to extort money or any article of value from such person so convicted
of a felony is guilty of a misdemeanor.

[هيثم الفقى]

Disposition of Mentally Disordered Prisoners Upon
Discharge

2960. The Legislature finds that there are prisoners who have a
treatable, severe mental disorder that was one of the causes of, or
was an aggravating factor in the commission of the crime for which
they were incarcerated. Secondly, the Legislature finds that if the
severe mental disorders of those prisoners are not in remission or
cannot be kept in remission at the time of their parole or upon
termination of parole, there is a danger to society, and the state
has a compelling interest in protecting the public. Thirdly, the
Legislature finds that in order to protect the public from those
persons it is necessary to provide mental health treatment until the
severe mental disorder which was one of the causes of or was an
aggravating factor in the person's prior criminal behavior is in
remission and can be kept in remission.
The Legislature further finds and declares the Department of
Corrections should evaluate each prisoner for severe mental disorders
during the first year of the prisoner's sentence, and that severely
mentally disordered prisoners should be provided with an appropriate
level of mental health treatment while in prison and when returned to
the community.


2962. As a condition of parole, a prisoner who meets the following
criteria shall be required to be treated by the State Department of
Mental Health, and the State Department of Mental Health shall
provide the necessary treatment:
(a) The prisoner has a severe mental disorder that is not in
remission or cannot be kept in remission without treatment.
The term "severe mental disorder" means an illness or disease or
condition that substantially impairs the person's thought, perception
of reality, emotional process, or judgment; or which grossly impairs
behavior; or that demonstrates evidence of an acute brain syndrome
for which prompt remission, in the absence of treatment, is unlikely.
The term "severe mental disorder" as used in this section does not
include a personality or adjustment disorder, epilepsy, mental
retardation or other developmental disabilities, or addiction to or
abuse of intoxicating substances.
The term "remission" means a finding that the overt signs and
symptoms of the severe mental disorder are controlled either by
psychotropic medication or psychosocial support. A person "cannot be
kept in remission without treatment" if during the year prior to the
question being before the Board of Prison Terms or a trial court, he
or she has been in remission and he or she has been physically
violent, except in self-defense, or he or she has made a serious
threat of substantial physical harm upon the person of another so as
to cause the target of the threat to reasonably fear for his or her
safety or the safety of his or her immediate family, or he or she has
intentionally caused property damage, or he or she has not
voluntarily followed the treatment plan. In determining if a person
has voluntarily followed the treatment plan, the standard shall be
whether the person has acted as a reasonable person would in
following the treatment plan.
(b) The severe mental disorder was one of the causes of or was an
aggravating factor in the commission of a crime for which the
prisoner was sentenced to prison.
(c) The prisoner has been in treatment for the severe mental
disorder for 90 days or more within the year prior to the prisoner's
parole or release.
(d) (1) Prior to release on parole, the person in charge of
treating the prisoner and a practicing psychiatrist or psychologist
from the State Department of Mental Health have evaluated the
prisoner at a facility of the Department of Corrections, and a chief
psychiatrist of the Department of Corrections has certified to the
Board of Prison Terms that the prisoner has a severe mental disorder,
that the disorder is not in remission, or cannot be kept in
remission without treatment, that the severe mental disorder was one
of the causes or was an aggravating factor in the prisoner's criminal
behavior, that the prisoner has been in treatment for the severe
mental disorder for 90 days or more within the year prior to his or
her parole release day, and that by reason of his or her severe
mental disorder the prisoner represents a substantial danger of
physical harm to others. For prisoners being treated by the State
Department of Mental Health pursuant to Section 2684, the
certification shall be by a chief psychiatrist of the Department of
Corrections, and the evaluation shall be done at a state hospital by
the person at the state hospital in charge of treating the prisoner
and a practicing psychiatrist or psychologist from the Department of
Corrections.
(2) If the professionals doing the evaluation pursuant to
paragraph (1) do not concur that (A) the prisoner has a severe mental
disorder, (B) that the disorder is not in remission or cannot be
kept in remission without treatment, or (C) that the severe mental
disorder was a cause of, or aggravated, the prisoner's criminal
behavior, and a chief psychiatrist has certified the prisoner to the
Board of Prison Terms pursuant to this paragraph, then the Board of
Prison Terms shall order a further examination by two independent
professionals, as provided for in Section 2978.
(3) Only if both independent professionals who evaluate the
prisoner pursuant to paragraph (2) concur with the chief psychiatrist'
s certification of the issues described in paragraph (2), shall this
subdivision be applicable to the prisoner. The professionals
appointed pursuant to Section 2978 shall inform the prisoner that the
purpose of their examination is not treatment but to determine if
the prisoner meets certain criteria to be involuntarily treated as a
mentally disordered offender. It is not required that the prisoner
appreciate or understand that information.
(e) The crime referred to in subdivision (b) meets both of the
following criteria:
(1) The defendant received a determinate sentence pursuant to
Section 1170 for the crime.
(2) The crime is one of the following:
(A) Voluntary manslaughter.
(B) Mayhem.
(C) Kidnapping in violation of Section 207.
(D) Any robbery wherein it was charged and proved that the
defendant personally used a deadly or dangerous weapon, as provided
in subdivision (b) of Section 12022, in the commission of that
robbery.
(E) Carjacking, as defined in subdivision (a) of Section 215, if
it is charged and proved that the defendant personally used a deadly
or dangerous weapon, as provided in subdivision (b) of Section 12022,
in the commission of the carjacking.
(F) Rape, as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.
(G) Sodomy by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person.

(H) Oral copulation by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another
person.
(I) Lewd acts on a child under the age of 14 years in violation of
Section 288.
(J) Continuous ***ual abuse in violation of Section 288.5.
(K) The offense described in subdivision (a) of Section 289 where
the act was accomplished against the victim's will by force,
violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person.
(L) Arson in violation of subdivision (a) of Section 451, or arson
in violation of any other provision of Section 451 or in violation
of Section 455 where the act posed a substantial danger of physical
harm to others.
(M) Any felony in which the defendant used a firearm which use was
charged and proved as provided in Section 12022.5, 12022.53, or
12022.55.
(N) A violation of Section 12308.
(O) Attempted murder.
(P) A crime not enumerated in subparagraphs (A) to (O), inclusive,
in which the prisoner used force or violence, or caused serious
bodily injury as defined in paragraph (4) of subdivision (f) of
Section 243.
(Q) A crime in which the perpetrator expressly or impliedly
threatened another with the use of force or violence likely to
produce substantial physical harm in such a manner that a reasonable
person would believe and expect that the force or violence would be
used. For purposes of this subparagraph, substantial physical harm
shall not require proof that the threatened act was likely to cause
great or serious bodily injury.
(f) As used in this chapter, "substantial danger of physical harm"
does not require proof of a recent overt act.



2964. (a) The treatment required by Section 2962 shall be inpatient
unless the State Department of Mental Health certifies to the Board
of Prison Terms that there is reasonable cause to believe the
parolee can be safely and effectively treated on an outpatient basis,
in which case the Board of Prison Terms shall permit the State
Department of Mental Health to place the parolee in an outpatient
treatment program specified by the State Department of Mental Health.
Any prisoner who is to be required to accept treatment pursuant to
Section 2962 shall be informed in writing of his or her right to
request a hearing pursuant to Section 2966. Prior to placing a
parolee in a local outpatient program, the State Department of Mental
Health shall consult with the local outpatient program as to the
appropriate treatment plan. Notwithstanding any other law, a parolee
ordered to have outpatient treatment pursuant to this section may be
placed in an outpatient treatment program used to provide outpatient
treatment under Title 15 (commencing with Section 1600) of Part 2,
but the procedural provisions of Title 15 shall not apply. The
community program director or a designee of an outpatient program
used to provide treatment under Title 15 in which a parolee is
placed, may place the parolee, or cause the parolee to be placed, in
a secure mental health facility if the parolee can no longer be
safely or effectively treated in the outpatient program, and until
the parolee can be safely and effectively treated in the program.
Upon the request of the community program director or a designee, a
peace officer shall take the parolee into custody and transport the
parolee, or cause the parolee to be taken into custody and
transported, to a facility designated by the community program
director, or a designee, for confinement under this section. Within
15 days after placement in a secure facility the State Department of
Mental Health shall conduct a hearing on whether the parolee can be
safely and effectively treated in the program unless the patient or
the patient's attorney agrees to a continuance, or unless good cause
exists that prevents the State Department of Mental Health from
conducting the hearing within that period of time. If good cause
exists, the hearing shall be held within 21 days after placement in
a secure facility. For purposes of this section, "good cause" means
the inability to secure counsel, an interpreter, or witnesses for the
hearing within the 15-day time period. Before deciding to seek
revocation of the parole of a parolee receiving mental health
treatment pursuant to Section 2962, and return him or her to prison,
the parole officer shall consult with the director of the parolee's
outpatient program. Nothing in this section shall prevent
hospitalization pursuant to Section 5150, 5250, or 5353 of the
Welfare and Institutions Code.
(b) If the State Department of Mental Health has not placed a
parolee on outpatient treatment within 60 days after receiving
custody of the parolee or after parole is continued pursuant to
Section 3001, the parolee may request a hearing before the Board of
Prison Terms, and the board shall conduct a hearing to determine
whether the prisoner shall be treated as an inpatient or an
outpatient. At the hearing, the burden shall be on the State
Department of Mental Health to establish that the prisoner requires
inpatient treatment as described in this subdivision. If the
prisoner or any person appearing on his or her behalf at the hearing
requests it, the board shall appoint two independent professionals as
provided for in Section 2978.



2966. (a) A prisoner may request a hearing before the Board of
Prison Terms, and the board shall conduct a hearing if so requested,
for the purpose of proving that the prisoner meets the criteria in
Section 2962. At the hearing, the burden of proof shall be on the
person or agency who certified the prisoner under subdivision (d) of
Section 2962. If the prisoner or any person appearing on his or her
behalf at the hearing requests it, the board shall appoint two
independent professionals as provided for in Section 2978. The
prisoner shall be informed at the hearing of his or her right to
request a trial pursuant to subdivision (b). The Board of Prison
Terms shall provide a prisoner who requests a trial, a petition form
and instructions for filing the petition.
(b) A prisoner who disagrees with the determination of the Board
of Prison Terms that he or she meets the criteria of Section 2962,
may file in the superior court of the county in which he or she is
incarcerated or is being treated a petition for a hearing on whether
he or she, as of the date of the Board of Prison Terms hearing, met
the criteria of Section 2962. The court shall conduct a hearing on
the petition within 60 calendar days after the petition is filed,
unless either time is waived by the petitioner or his or her counsel,
or good cause is shown. Evidence offered for the purpose of
proving the prisoner's behavior or mental status subsequent to the
Board of Prison Terms hearing shall not be considered. The order of
the Board of Prison Terms shall be in effect until the completion of
the court proceedings. The court shall advise the petitioner of his
or her right to be represented by an attorney and of the right to a
jury trial. The attorney for the petitioner shall be given a copy of
the petition, and any supporting documents. The hearing shall be a
civil hearing; however, in order to reduce costs, the rules of
criminal discovery, as well as civil discovery, shall be applicable.
The standard of proof shall be beyond a reasonable doubt, and if the
trial is by jury, the jury shall be unanimous in its verdict. The
trial shall be by jury unless waived by both the person and the
district attorney. The court may, upon stipulation of both parties,
receive in evidence the affidavit or declaration of any psychiatrist,
psychologist, or other professional person who was involved in the
certification and hearing process, or any professional person
involved in the evaluation or treatment of the petitioner during the
certification process. The court may allow the affidavit or
declaration to be read and the contents thereof considered in the
rendering of a decision or verdict in any proceeding held pursuant to
subdivision (b) or (c), or subdivision (a) of Section 2972. If the
court or jury reverses the determination of the Board of Prison
Terms, the court shall stay the execution of the decision for five
working days to allow for an orderly release of the prisoner.
(c) If the Board of Prison Terms continues a parolee's mental
health treatment under Section 2962 when it continues the parolee's
parole under Section 3001, the procedures of this section shall only
be applicable for the purpose of determining if the parolee has a
severe mental disorder, whether the parolee's severe mental disorder
is not in remission or cannot be kept in remission without treatment,
and whether by reason of his or her severe mental disorder, the
parolee represents a substantial danger of physical harm to others.




2968. If the prisoner's severe mental disorder is put into
remission during the parole period, and can be kept in remission, the
Director of Mental Health shall notify the Board of Prison Terms and
the State Department of Mental Health shall discontinue treating the
parolee.



2970. Not later than 180 days prior to the termination of parole,
or release from prison if the prisoner refused to agree to treatment
as a condition of parole as required by Section 2962, unless good
cause is shown for the reduction of that 180-day period, if the
prisoner's severe mental disorder is not in remission or cannot be
kept in remission without treatment, the medical director of the
state hospital which is treating the parolee, or the community
program director in charge of the parolee's outpatient program, or
the Director of Corrections, shall submit to the district attorney of
the county in which the parolee is receiving outpatient treatment,
or for those in prison or in a state mental hospital, the district
attorney of the county of commitment, his or her written evaluation
on remission. If requested by the district attorney, the written
evaluation shall be accompanied by supporting affidavits.
The district attorney may then file a petition with the superior
court for continued involuntary treatment for one year. The petition
shall be accompanied by affidavits specifying that treatment, while
the prisoner was released from prison on parole, has been
continuously provided by the State Department of Mental Health either
in a state hospital or in an outpatient program. The petition shall
also specify that the prisoner has a severe mental disorder, that
the severe mental disorder is not in remission or cannot be kept in
remission if the person's treatment is not continued, and that, by
reason of his or her severe mental disorder, the prisoner represents
a substantial danger of physical harm to others.



2972. (a) The court shall conduct a hearing on the petition under
Section 2970 for continued treatment. The court shall advise the
person of his or her right to be represented by an attorney and of
the right to a jury trial. The attorney for the person shall be
given a copy of the petition, and any supporting documents. The
hearing shall be a civil hearing, however, in order to reduce costs
the rules of criminal discovery, as well as civil discovery, shall be
applicable.
The standard of proof under this section shall be proof beyond a
reasonable doubt, and if the trial is by jury, the jury shall be
unanimous in its verdict. The trial shall be by jury unless waived
by both the person and the district attorney. The trial shall
commence no later than 30 calendar days prior to the time the person
would otherwise have been released, unless the time is waived by the
person or unless good cause is shown.
(b) The people shall be represented by the district attorney. If
the person is indigent, the county public defender shall be
appointed.
(c) If the court or jury finds that the patient has a severe
mental disorder, that the patient's severe mental disorder is not in
remission or cannot be kept in remission without treatment, and that
by reason of his or her severe mental disorder, the patient
represents a substantial danger of physical harm to others, the court
shall order the patient recommitted to the facility in which the
patient was confined at the time the petition was filed, or
recommitted to the outpatient program in which he or she was being
treated at the time the petition was filed, or committed to the State
Department of Mental Health if the person was in prison. The
commitment shall be for a period of one year from the date of
termination of parole or a previous commitment or the scheduled date
of release from prison as specified in Section 2970. Time spent on
outpatient status, except when placed in a locked facility at the
direction of the outpatient supervisor, shall not count as actual
custody and shall not be credited toward the person's maximum term of
commitment or toward the person's term of extended commitment.
(d) A person shall be released on outpatient status if the
committing court finds that there is reasonable cause to believe that
the committed person can be safely and effectively treated on an
outpatient basis. Except as provided in this subdivision, the
provisions of Title 15 (commencing with Section 1600) of Part 2,
shall apply to persons placed on outpatient status pursuant to this
paragraph. The standard for revocation under Section 1609 shall be
that the person cannot be safely and effectively treated on an
outpatient basis.
(e) Prior to the termination of a commitment under this section, a
petition for recommitment may be filed to determine whether the
patient's severe mental disorder is not in remission or cannot be
kept in remission without treatment, and whether by reason of his or
her severe mental disorder, the patient represents a substantial
danger of physical harm to others. The recommitment proceeding shall
be conducted in accordance with the provisions of this section.
(f) Any commitment under this article places an affirmative
obligation on the treatment facility to provide treatment for the
underlying causes of the person's mental disorder.
(g) Except as provided in this subdivision, the person committed
shall be considered to be an involuntary mental health patient and he
or she shall be entitled to those rights set forth in Article 7
(commencing with Section 5325) of Chapter 2 of Part 1 of Division 5
of the Welfare and Institutions Code. Commencing January 1, 1986,
the State Department of Mental Health may adopt regulations to modify
those rights as is necessary in order to provide for the reasonable
security of the inpatient facility in which the patient is being
held. This subdivision and the regulations adopted pursuant thereto
shall become operative on January 1, 1987, except that regulations
may be adopted prior to that date.



2972.1. (a) Outpatient status for persons committed pursuant to
Section 2972 shall be for a period not to exceed one year. Pursuant
to Section 1606, at the end of a period of outpatient status approved
by the court, the court shall, after actual notice to the
prosecutor, the defense attorney, the community program director or a
designee, the medical director of the facility that is treating the
person, and the person on outpatient status, and after a hearing in
court, either discharge the person from commitment under appropriate
provisions of law, order the person confined to a treatment facility,
or renew its approval of outpatient status.
(b) Prior to the hearing described in subdivision (a), the
community program director or a designee shall furnish a report and
recommendation to the court, the prosecution, the defense attorney,
the medical director of the facility that is treating the person, and
the person on outpatient status. If the recommendation is that the
person continue on outpatient status or be confined to a treatment
facility, the report shall also contain a statement that conforms
with requirements of subdivision (c).
(c) (1) Upon receipt of a report prepared pursuant to Section 1606
that recommends confinement or continued outpatient treatment, the
court shall direct prior defense counsel, or, if necessary, appoint
new defense counsel, to meet and confer with the person who is on
outpatient status and explain the recommendation contained therein.
Following this meeting, both defense counsel and the person on
outpatient status shall sign and return to the court a form which
shall read as follows:
"Check One:
"____ I do not believe that I need further treatment and I demand a
jury trial to decide this question.
"___ I accept the recommendation that I continue treatment."

(2) The signed form shall be returned to the court at least 10
days prior to the hearing described in subdivision (a). If the
person on outpatient status refuses or is unable to sign the form,
his or her counsel shall indicate, in writing, that the form and the
report prepared pursuant to Section 1606 were explained to the person
and the person refused or was unable to sign the form.
(d) If the person on outpatient status either requests a jury
trial or fails to waive his or her right to a jury trial, a jury
trial meeting all of the requirements of Section 2972 shall be set
within 60 days of the initial hearing.
(e) The trier of fact, or the court if trial is waived, shall
determine whether or not the requirements of subdivisions (c) and (d)
of Section 2972 have been met. The court shall then make an
appropriate disposition under subdivision (a) of this section.
(f) The court shall notify the community program director or a
designee, the person on outpatient status, and the medical director
or person in charge of the facility providing treatment of the person
whether or not the person was found suitable for release.



2974. Before releasing any inmate or terminating supervision of any
parolee who is a danger to self or others, or gravely disabled as a
result of mental disorder, and who does not come within the
provisions of Section 2962, the Director of Corrections may, upon
probable cause, place, or cause to be placed, the person in a state
hospital pursuant to the Lanterman-Petris-Short Act, Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code.


2976. (a) The cost of inpatient or outpatient treatment under
Section 2962 or 2972 shall be a state expense while the person is
under the jurisdiction of the Department of Corrections or the State
Department of Mental Health.
(b) Any person placed outside of a facility of the Department of
Corrections for the purposes of inpatient treatment under this
article shall not be deemed to be released from imprisonment or from
the custody of the Department of Corrections prior to the expiration
of the maximum term of imprisonment of the person.



2978. (a) Any independent professionals appointed by the Board of
Prison Terms for purposes of this article shall not be state
government employees; shall have at least five years of experience in
the diagnosis and treatment of mental disorders; and shall include
psychiatrists, and licensed psychologists who have a doctoral degree
in psychology.
(b) On July 1 of each year the Department of Corrections and the
State Department of Mental Health shall submit to the Board of Prison
Terms a list of 20 or more independent professionals on which both
departments concur. The professionals shall not be state government
employees and shall have at least five years of experience in the
diagnosis and treatment of mental disorders and shall include
psychiatrists and licensed psychologists who have a doctoral degree
in psychology. For purposes of this article, when the Board of
Prison Terms receives the list, they shall only appoint independent
professionals from the list. The list shall not be binding on the
Board of Prison Terms until they have received it, and shall not be
binding after June 30 following receipt of the list.



2980. This article applies to persons who committed their crimes on
and after January 1, 1986.



2981. For the purpose of proving the fact that a prisoner has
received 90 days or more of treatment within the year prior to the
prisoner's parole or release, the records or copies of records of any
state penitentiary, county jail, federal penitentiary, or state
hospital in which that person has been confined, when the records or
copies thereof have been certified by the official custodian of those
records, may be admitted as evidence.

[هيثم الفقى]

LENGTH OF TERM OF IMPRISONMENT AND PAROLES
General Provisions

3000. (a) (1) The Legislature finds and declares that the period
immediately following incarceration is critical to successful
reintegration of the offender into society and to positive
citizenship. It is in the interest of public safety for the state to
provide for the supervision of and surveillance of parolees,
including the judicious use of revocation actions, and to provide
educational, vocational, family and personal counseling necessary to
assist parolees in the transition between imprisonment and discharge.
A sentence pursuant to Section 1168 or 1170 shall include a period
of parole, unless waived, as provided in this section.
(2) The Legislature finds and declares that it is not the intent
of this section to diminish resources allocated to the Department of
Corrections and Rehabilitation for parole functions for which the
department is responsible. It is also not the intent of this section
to diminish the resources allocated to the Board of Parole Hearings
to execute its duties with respect to parole functions for which the
board is responsible.
(3) The Legislature finds and declares that diligent effort must
be made to ensure that parolees are held accountable for their
criminal behavior, including, but not limited to, the satisfaction of
restitution fines and orders.
(4) The parole period of any person found to be a ***ually violent
predator shall be tolled until that person is found to no longer be
a ***ually violent predator, at which time the period of parole, or
any remaining portion thereof, shall begin to run.
(b) Notwithstanding any provision to the contrary in Article 3
(commencing with Section 3040) of this chapter, the following shall
apply:
(1) At the expiration of a term of imprisonment of one year and
one day, or a term of imprisonment imposed pursuant to Section 1170
or at the expiration of a term reduced pursuant to Section 2931 or
2933, if applicable, the inmate shall be released on parole for a
period not exceeding three years, except that any inmate sentenced
for an offense specified in paragraph (3), (4), (5), (6), (11), (16),
or (18) of subdivision (c) of Section 667.5 shall be released on
parole for a period not exceeding five years, unless in either case
the parole authority for good cause waives parole and discharges the
inmate from the custody of the department.
(2) In the case of any inmate sentenced under Section 1168, the
period of parole shall not exceed five years in the case of an inmate
imprisoned for any offense other than first or second degree murder
for which the inmate has received a life sentence, and shall not
exceed three years in the case of any other inmate, unless in either
case the parole authority for good cause waives parole and discharges
the inmate from custody of the department. This subdivision shall
also be applicable to inmates who committed crimes prior to July 1,
1977, to the extent specified in Section 1170.2.
(3) Notwithstanding paragraphs (1) and (2), in the case of any
offense for which the inmate has received a life sentence pursuant to
Section 667.61 or 667.71, the period of parole shall be 10 years.
(4) The parole authority shall consider the request of any inmate
regarding the length of his or her parole and the conditions thereof.

(5) Upon successful completion of parole, or at the end of the
maximum statutory period of parole specified for the inmate under
paragraph (1), (2), or (3), as the case may be, whichever is earlier,
the inmate shall be discharged from custody. The date of the maximum
statutory period of parole under this subdivision and paragraphs
(1), (2), and (3) shall be computed from the date of initial parole
and shall be a period chronologically determined. Time during which
parole is suspended because the prisoner has absconded or has been
returned to custody as a parole violator shall not be credited toward
any period of parole unless the prisoner is found not guilty of the
parole violation. However, the period of parole is subject to the
following:
(A) Except as provided in Section 3064, in no case may a prisoner
subject to three years on parole be retained under parole supervision
or in custody for a period longer than four years from the date of
his or her initial parole.
(B) Except as provided in Section 3064, in no case may a prisoner
subject to five years on parole be retained under parole supervision
or in custody for a period longer than seven years from the date of
his or her initial parole.
(C) Except as provided in Section 3064, in no case may a prisoner
subject to 10 years on parole be retained under parole supervision or
in custody for a period longer than 15 years from the date of his or
her initial parole.
(6) The Department of Corrections and Rehabilitation shall meet
with each inmate at least 30 days prior to his or her good time
release date and shall provide, under guidelines specified by the
parole authority, the conditions of parole and the length of parole
up to the maximum period of time provided by law. The inmate has the
right to reconsideration of the length of parole and conditions
thereof by the parole authority. The Department of Corrections and
Rehabilitation or the Board of Parole Hearings may impose as a
condition of parole that a prisoner make payments on the prisoner's
outstanding restitution fines or orders imposed pursuant to
subdivision (a) or (c) of Section 13967 of the Government Code, as
operative prior to September 28, 1994, or subdivision (b) or (f) of
Section 1202.4.
(7) For purposes of this chapter, the Board of Parole Hearings
shall be considered the parole authority.
(8) The sole authority to issue warrants for the return to actual
custody of any state prisoner released on parole rests with the Board
of Parole Hearings, except for any escaped state prisoner or any
state prisoner released prior to his or her scheduled release date
who should be returned to custody, and Section 3060 shall apply.
(9) It is the intent of the Legislature that efforts be made with
respect to persons who are subject to Section 290.011 who are on
parole to engage them in treatment.



3000.05. (a) The Department of Corrections may contract with a
private debt collection agency or with the Franchise Tax Board,
whichever is more cost-effective, to make collections, on behalf of a
victim, from parolees who have failed to make restitution payments
according to the terms and conditions specified by the department.
(b) If a debt is referred to a private collection agency or to the
Franchise Tax Board pursuant to this section, the parolee shall be
given notice of that fact, either by the department in writing to his
or her address of record, or by his or her parole officer.



3000.07. (a) Every inmate who has been convicted for any felony
violation of a "registerable *** offense" described in subdivision
(c) of Section 290 or any attempt to commit any of the
above-mentioned offenses and who is committed to prison and released
on parole pursuant to Section 3000 or 3000.1 shall be monitored by a
global positioning system for the term of his or her parole, or for
the duration or any remaining part thereof, whichever period of time
is less.
(b) Any inmate released on parole pursuant to this section shall
be required to pay for the costs associated with the monitoring by a
global positioning system. However, the Department of Corrections and
Rehabilitation shall waive any or all of that payment upon a finding
of an inability to pay. The department shall consider any remaining
amounts the inmate has been ordered to pay in fines, assessments and
restitution fines, fees, and orders, and shall give priority to the
payment of those items before requiring that the inmate pay for the
global positioning monitoring. No inmate shall be denied parole on
the basis of his or her inability to pay for those monitoring costs.



3000.1. (a) In the case of any inmate sentenced under Section 1168
for any offense of first or second degree murder with a maximum term
of life imprisonment, the period of parole, if parole is granted,
shall be the remainder of the inmate's life.
(b) Notwithstanding any other provision of law, when any person
referred to in subdivision (a) has been released on parole from the
state prison, and has been on parole continuously for seven years in
the case of any person imprisoned for first degree murder, and five
years in the case of any person imprisoned for second degree murder,
since release from confinement, the board shall, within 30 days,
discharge that person from parole, unless the board, for good cause,
determines that the person will be retained on parole. The board
shall make a written record of its determination and transmit a copy
of it to the parolee.
(c) In the event of a retention on parole, the parolee shall be
entitled to a review by the board each year thereafter.
(d) There shall be a hearing as provided in Sections 3041.5 and
304l.7 within 12 months of the date of any revocation of parole to
consider the release of the inmate on parole, and notwithstanding the
provisions of paragraph (2) of subdivision (b) of Section 3041.5,
there shall be annual parole consideration hearings thereafter,
unless the person is released or otherwise ineligible for parole
release. The panel or board shall release the person within one year
of the date of the revocation unless it determines that the
circumstances and gravity of the parole violation are such that
consideration of the public safety requires a more lengthy period of
incarceration or unless there is a new prison commitment following a
conviction.
(e) The provisions of Section 3042 shall not apply to any hearing
held pursuant to this section.



3001. (a) Notwithstanding any other provision of law, when any
person referred to in paragraph (1) of subdivision (b) of Section
3000 who was not imprisoned for committing a violent felony, as
defined in subdivision (c) of Section 667.5, has been released on
parole from the state prison, and has been on parole continuously for
one year since release from confinement, within 30 days, that person
shall be discharged from parole, unless the Department of
Corrections recommends to the Board of Prison Terms that the person
be retained on parole and the board, for good cause, determines that
the person will be retained. Notwithstanding any other provision of
law, when any person referred to in paragraph (1) of subdivision (b)
of Section 3000 who was imprisoned for committing a violent felony,
as defined in subdivision (c) of Section 667.5, has been released on
parole from the state prison for a period not exceeding three years
and has been on parole continuously for two years since release from
confinement, or has been released on parole from the state prison for
a period not exceeding five years and has been on parole
continuously for three years since release from confinement, the
department shall discharge, within 30 days, that person from parole,
unless the department recommends to the board that the person be
retained on parole and the board, for good cause, determines that the
person will be retained. The board shall make a written record of
its determination and the department shall transmit a copy thereof to
the parolee.
(b) Notwithstanding any other provision of law, when any person
referred to in paragraph (2) of subdivision (b) of Section 3000 has
been released on parole from the state prison, and has been on parole
continuously for three years since release from confinement, the
board shall discharge, within 30 days, the person from parole, unless
the board, for good cause, determines that the person will be
retained on parole. The board shall make a written record of its
determination and the department shall transmit a copy thereof to the
parolee.
(c) Notwithstanding any other provision of law, when any person
referred to in paragraph (3) of subdivision (b) of Section 3000 has
been released on parole from the state prison, and has been on parole
continuously for six years since release from confinement, the board
shall discharge, within 30 days, the person from parole, unless the
board, for good cause, determines that the person will be retained on
parole. The board shall make a written record of its determination
and the department shall transmit a copy thereof to the parolee.
(d) In the event of a retention on parole, the parolee shall be
entitled to a review by the parole authority each year thereafter
until the maximum statutory period of parole has expired.
(e) The amendments to this section made during the 1987-88 Regular
Session of the Legislature shall only be applied prospectively and
shall not extend the parole period for any person whose eligibility
for discharge from parole was fixed as of the effective date of those
amendments.



3002. In considering the imposition of conditions of parole upon a
prisoner convicted of violating any section of this code in which a
minor is a victim of an act of abuse or neglect, the Department of
Corrections shall provide for a psychological evaluation to be
performed on the prisoner to determine the extent of counseling which
may be mandated as a condition of parole. Such examination may be
performed by psychiatrists, psychologists, or licensed clinical
social workers.



3003. (a) Except as otherwise provided in this section, an inmate
who is released on parole shall be returned to the county that was
the last legal residence of the inmate prior to his or her
incarceration. For purposes of this subdivision, "last legal
residence" shall not be construed to mean the county wherein the
inmate committed an offense while confined in a state prison or local
jail facility or while confined for treatment in a state hospital.
(b) Notwithstanding subdivision (a), an inmate may be returned to
another county if that would be in the best interests of the public.
If the Board of Parole Hearings setting the conditions of parole for
inmates sentenced pursuant to subdivision (b) of Section 1168, as
determined by the parole consideration panel, or the Department of
Corrections and Rehabilitation setting the conditions of parole for
inmates sentenced pursuant to Section 1170, decides on a return to
another county, it shall place its reasons in writing in the parolee'
s permanent record and include these reasons in the notice to the
sheriff or chief of police pursuant to Section 3058.6. In making its
decision, the paroling authority shall consider, among others, the
following factors, giving the greatest weight to the protection of
the victim and the safety of the community:
(1) The need to protect the life or safety of a victim, the
parolee, a witness, or any other person.
(2) Public concern that would reduce the chance that the inmate's
parole would be successfully completed.
(3) The verified existence of a work offer, or an educational or
vocational training program.
(4) The existence of family in another county with whom the inmate
has maintained strong ties and whose support would increase the
chance that the inmate's parole would be successfully completed.
(5) The lack of necessary outpatient treatment programs for
parolees receiving treatment pursuant to Section 2960.
(c) The Department of Corrections and Rehabilitation, in
determining an out-of-county commitment, shall give priority to the
safety of the community and any witnesses and victims.
(d) In making its decision about an inmate who participated in a
joint venture program pursuant to Article 1.5 (commencing with
Section 2717.1) of Chapter 5, the paroling authority shall give
serious consideration to releasing him or her to the county where the
joint venture program employer is located if that employer states to
the paroling authority that he or she intends to employ the inmate
upon release.
(e) (1) The following information, if available, shall be released
by the Department of Corrections and Rehabilitation to local law
enforcement agencies regarding a paroled inmate who is released in
their jurisdictions:
(A) Last, first, and middle name.
(B) Birth date.
(C) ***, race, height, weight, and hair and eye color.
(D) Date of parole and discharge.
(E) Registration status, if the inmate is required to register as
a result of a controlled substance, ***, or arson offense.
(F) California Criminal Information Number, FBI number, social
security number, and driver's license number.
(G) County of commitment.
(H) A description of scars, marks, and tattoos on the inmate.
(I) Offense or offenses for which the inmate was convicted that
resulted in parole in this instance.
(J) Address, including all of the following information:
(i) Street name and number. Post office box numbers are not
acceptable for purposes of this subparagraph.
(ii) City and ZIP Code.
(iii) Date that the address provided pursuant to this subparagraph
was proposed to be effective.
(K) Contact officer and unit, including all of the following
information:
(i) Name and telephone number of each contact officer.
(ii) Contact unit type of each contact officer such as units
responsible for parole, registration, or county probation.
(L) A digitized image of the photograph and at least a single
digit fingerprint of the parolee.
(M) A geographic coordinate for the parolee's residence location
for use with a Geographical Information System (GIS) or comparable
computer program.
(2) The information required by this subdivision shall come from
the statewide parolee database. The information obtained from each
source shall be based on the same timeframe.
(3) All of the information required by this subdivision shall be
provided utilizing a computer-to-computer transfer in a format usable
by a desktop computer system. The transfer of this information shall
be continually available to local law enforcement agencies upon
request.
(4) The unauthorized release or receipt of the information
described in this subdivision is a violation of Section 11143.
(f) Notwithstanding any other provision of law, an inmate who is
released on parole shall not be returned to a location within 35
miles of the actual residence of a victim of, or a witness to, a
violent felony as defined in paragraphs (1) to (7), inclusive, and
paragraph (16) of subdivision (c) of Section 667.5 or a felony in
which the defendant inflicts great bodily injury on any person other
than an accomplice that has been charged and proved as provided for
in Section 12022.53, 12022.7, or 12022.9, if the victim or witness
has requested additional distance in the placement of the inmate on
parole, and if the Board of Parole Hearings or the Department of
Corrections and Rehabilitation finds that there is a need to protect
the life, safety, or well-being of a victim or witness.
(g) Notwithstanding any other law, an inmate who is released on
parole for a violation of Section 288 or 288.5 whom the Department of
Corrections and Rehabilitation determines poses a high risk to the
public shall not be placed or reside, for the duration of his or her
parole, within one-half mile of any public or private school
including any or all of kindergarten and grades 1 to 12, inclusive.
(h) Notwithstanding any other law, an inmate who is released on
parole for an offense involving stalking shall not be returned to a
location within 35 miles of the victim's actual residence or place of
employment if the victim or witness has requested additional
distance in the placement of the inmate on parole, and if the Board
of Parole Hearings or the Department of Corrections and
Rehabilitation finds that there is a need to protect the life,
safety, or well-being of the victim.
(i) The authority shall give consideration to the equitable
distribution of parolees and the proportion of out-of-county
commitments from a county compared to the number of commitments from
that county when making parole decisions.
(j) An inmate may be paroled to another state pursuant to any
other law.
(k) (1) Except as provided in paragraph (2), the Department of
Corrections and Rehabilitation shall be the agency primarily
responsible for, and shall have control over, the program, resources,
and staff implementing the Law Enforcement Automated Data System
(LEADS) in conformance with subdivision (e).
(2) Notwithstanding paragraph (1), the Department of Justice shall
be the agency primarily responsible for the proper release of
information under LEADS that relates to fingerprint cards.



3003.5. (a) Notwithstanding any other provision of law, when a
person is released on parole after having served a term of
imprisonment in state prison for any offense for which registration
is required pursuant to Section 290, that person may not, during the
period of parole, reside in any single family dwelling with any other
person also required to register pursuant to Section 290, unless
those persons are legally related by blood, marriage, or adoption.
For purposes of this section, "single family dwelling" shall not
include a residential facility which serves six or fewer persons.
(b) Notwithstanding any other provision of law, it is unlawful for
any person for whom registration is required pursuant to Section 290
to reside within 2000 feet of any public or private school, or park
where children regularly gather.
(c) Nothing in this section shall prohibit municipal jurisdictions
from enacting local ordinances that further restrict the residency
of any person for whom registration is required pursuant to Section
290.



3004. (a) Notwithstanding any other law, the parole authority may
require, as a condition of release on parole or reinstatement on
parole, or as an intermediate sanction in lieu of return to prison,
that an inmate or parolee agree in writing to the use of electronic
monitoring or supervising devices for the purpose of helping to
verify his or her compliance with all other conditions of parole. The
devices shall not be used to eavesdrop or record any conversation,
except a conversation between the parolee and the agent supervising
the parolee which is to be used solely for the purposes of voice
identification.
(b) Every inmate who has been convicted for any felony violation
of a "registerable *** offense" described in subdivision (c) of
Section 290 or any attempt to commit any of the above-mentioned
offenses and who is committed to prison and released on parole
pursuant to Section 3000 or 3000.1 shall be monitored by a global
positioning system for life.
(c) Any inmate released on parole pursuant to this section shall
be required to pay for the costs associated with the monitoring by a
global positioning system. However, the Department of Corrections and
Rehabilitation shall waive any or all of that payment upon a finding
of an inability to pay. The department shall consider any remaining
amounts the inmate has been ordered to pay in fines, assessments and
restitution fines, fees, and orders, and shall give priority to the
payment of those items before requiring that the inmate pay for the
global positioning monitoring.



3006. (a) The Department of Corrections may require parolees
participating in relapse prevention treatment programs or receiving
medication treatments intended to prevent them from committing ***
offenses to pay some or all of the costs associated with this
treatment, subject to the person's ability to pay.
(b) For the purposes of this section, "ability to pay" means the
overall capability of the person to reimburse the costs, or a portion
of the costs, of providing *** offender treatment, and shall
include, but shall not be limited to, consideration of all of the
following factors:
(1) Present financial position.
(2) Reasonably discernible future financial position.
(3) Likelihood that the person shall be able to obtain employment
after the date of parole.
(4) Any other factor or factors which may bear upon the person's
financial capability to reimburse the department for the costs.



3007. The Department of Corrections and Rehabilitation shall
require a research component for any *** offender treatment contract
funded by the department. The research component shall enable the
department's research unit or an independent contractor to evaluate
the effectiveness of each contract on reducing the rate of recidivism
of the participants in the program funded by a contract. The
research findings shall be compiled annually in a report due to the
Legislature January 10 of each year.

[هيثم الفقى]

Intensive Parole Supervision of *** Offenders

3008. (a) The Department of Corrections and Rehabilitation shall
ensure that all parolees under active supervision who are deemed to
pose a high risk to the public of committing *** crimes, as
determined by the State-Authorized Risk Assessment Tool for ***
Offenders (SARATSO), as set forth in Sections 290.04 to 290.06,
inclusive, are placed on intensive and specialized parole supervision
and are required to report frequently to designated parole officers.
The department may place any other parolee convicted of an offense
that requires him or her to register as a *** offender pursuant to
Section 290 who is on active supervision on intensive and specialized
supervision and require him or her to report frequently to
designated parole officers.
(b) The department shall develop and, at the discretion of the
secretary, and subject to an appropriation of the necessary funds,
may implement a plan for the implementation of relapse prevention
treatment programs, and the provision of other services deemed
necessary by the department, in conjunction with intensive and
specialized parole supervision, to reduce the recidivism of ***
offenders.
(c) The department shall develop control and containment
programming for *** offenders who have been deemed to pose a high
risk to the public of committing a *** crime, as determined by the
SARATSO, and shall require participation in appropriate programming
as a condition of parole.

Electronic Monitoring


3010. (a) Notwithstanding any other provisions of law, the
Department of Corrections and Rehabilitation may utilize continuous
electronic monitoring to electronically monitor the whereabouts of
persons on parole, as provided by this article.
(b) Any use of continuous electronic monitoring pursuant to this
article shall have as its primary objective the enhancement of public
safety through the reduction in the number of people being
victimized by crimes committed by persons on parole.
(c) It is the intent of the Legislature in enacting this article
to specifically expand the authority of the department acting
pursuant to this article to utilize a system of continuous electronic
monitoring that conforms with the requirements of this article.
(d) (1) For purposes of this article, "continuous electronic
monitoring" may include the use of worldwide radio navigation system
technology, known as the Global Positioning System, or GPS. The
Legislature finds that because of its capability for continuous
surveillance, continuous electronic monitoring has been used in other
parts of the country to monitor persons on parole who are identified
as requiring a high level of supervision.
(2) For purposes of this article, "department" means the
Department of Corrections and Rehabilitation.
(e) The Legislature finds that continuous electronic monitoring
has proven to be an effective risk management tool for supervising
high-risk persons on parole who are likely to reoffend where
prevention and knowledge of their whereabouts is a high priority for
maintaining public safety.



3010.1. The department may utilize a continuous electronic
monitoring device, as distinguished from an electronic monitoring
device as described in Section 3004, pursuant to this section that
has all of the following attributes:
(a) A device designed to be worn by a human being.
(b) A device that emits a signal as a person is moving or is
stationary. The signal shall be capable of being received and tracked
across large urban or rural areas, statewide, and being received
from within structures, vehicles, and other objects to the degree
technically feasible in light of the associated costs, design, and
other considerations as are determined relevant by the department.
(c) A device that functions 24 hours a day.
(d) A device that is resistant or impervious to unintentional or
willful damage.



3010.2. (a) A continuous electronic monitoring system may have the
capacity to immediately notify the department of violations, actual
or suspected, of the terms of parole that have been identified by the
monitoring system if the requirement is deemed necessary by the
parole officer with respect to an individual person.
(b) This information, including geographic location and tampering,
may be used as evidence to prove a violation of the terms of parole.



3010.3. The department shall establish the following standards as
are necessary to enhance public safety:
(a) Standards for the minimum time interval between transmissions
of information about the location of the person under supervision.
The standards shall be established after an evaluation of, at a
minimum, all of the following:
(1) The resources of the department.
(2) The criminal history of the person under supervision.
(3) The safety of the victim of the persons under supervision.
(b) Standards for the accuracy of the information identifying the
location of the person under supervision. The standards shall be
established after consideration of, at a minimum, all of the
following:
(1) The need to identify the location of a person proximate to the
location of a crime, including a violation of parole.
(2) Resources of the department.
(3) The need to avoid false indications of proximity to crimes.



3010.4. (a) The department, operating a system of continuous
electronic monitoring pursuant to this section, shall establish
prohibitions against unauthorized access to, and use of, information
by private or public entities as may be deemed appropriate.
Unauthorized access to, and use of, electronic signals includes
signals transmitted in any fashion by equipment utilized for
continuous electronic monitoring.
(b) Devices used pursuant to this article shall not be used to
eavesdrop or record any conversation, except a conversation between
the participant and the person supervising the participant that is to
be used solely for the purposes of voice identification.



3010.5. (a) The department shall have the sole discretion to decide
which persons shall be supervised using continuous electronic
monitoring administered by the department. No individual shall be
required to participate in continuous electronic monitoring
authorized by this article for any period of time longer than the
term of parole.
(b) The department shall establish written guidelines that
identify those persons on parole subject to continuous electronic
monitoring authorized by this article. These guidelines shall include
the need for enhancing monitoring in comparison to other persons not
subject to the enhanced monitoring and the public safety needs that
will be served by the enhanced monitoring.


3010.6. A parole officer may revoke, in his or her discretion, the
continuous monitoring of any individual.



3010.7. Whenever a parole officer supervising an individual has
reasonable cause to believe that the individual is not complying with
the rules or conditions set forth for the use of continuous
electronic monitoring as a supervision tool, the officer supervising
the individual may, without a warrant of arrest, take the individual
into custody for a violation of parole.



3010.8. (a) The department may charge persons on parole for the
costs of any form of supervision that utilizes continuous electronic
monitoring devices that monitor the whereabouts of the person
pursuant to this article. Inability to pay all or a portion of the
costs of continuous electronic monitoring authorized by this article
shall not preclude use of continuous electronic monitoring and
eligibility for parole shall not be enhanced by reason of ability to
pay.
(b) Any person released on parole pursuant to subdivision (a) may
be required to pay for that monitoring upon a finding of the ability
to pay those costs. However, the department shall waive any or all of
that payment upon a finding of an inability to pay. The department
shall consider any remaining amounts the person has been ordered to
pay in fines, assessments and restitution fines, fees, and orders,
and shall give priority to the payment of those items before
requiring that the person pay for the continuous electronic
monitoring.


3010.9. It is the intent of the Legislature that continuous
electronic monitoring established pursuant to this article maintain
the highest public confidence, credibility, and public safety. In the
furtherance of these standards, the following shall apply:
(a) The department may administer continuous electronic monitoring
pursuant to written contracts and appropriate public or private
agencies or entities to provide specified supervision services. No
public or private agency or entity may operate a continuous
electronic monitoring system as authorized by this section without a
written contract with the department. No public or private agency or
entity entering into a contract may itself employ any person who is a
participant in continuous electronic monitoring surveillance.
(b) The department shall comply with Section 1090 of the
Government Code in the consideration, making, and execution of
contracts pursuant to this section.

Interdisciplinary Assessment of Inmates

3020. The Department of Corrections and Rehabilitation shall
conduct assessments of all inmates that include, but are not limited
to, data regarding the inmate's history of substance abuse, medical
and mental health, education, family background, criminal activity,
and social functioning. The assessments shall be used to place
inmates in programs that will aid in their reentry to society and
that will most likely reduce the inmate's chances of reoffending.

Discharge Upon Completion of Term

3040. The Board of Prison Terms shall have the power to allow
prisoners imprisoned in the state prisons pursuant to subdivision (b)
of Section 1168 to go upon parole outside the prison walls and
enclosures. The board may parole prisoners in the state prisons to
camps for paroled prisoners established under Section 2792.




3041. (a) In the case of any inmate sentenced pursuant to any
provision of law, other than Chapter 4.5 (commencing with Section
1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet
with each inmate during the third year of incarceration for the
purposes of reviewing the inmate's file, making recommendations, and
documenting activities and conduct pertinent to granting or
withholding postconviction credit. One year prior to the inmate's
minimum eligible parole release date a panel of two or more
commissioners or deputy commissioners shall again meet with the
inmate and shall normally set a parole release date as provided in
Section 3041.5. No more than one member of the panel shall be a
deputy commissioner. In the event of a tie vote, the matter shall be
referred for an en banc hearing by the board. The release date shall
be set in a manner that will provide uniform terms for offenses of
similar gravity and magnitude in respect to their threat to the
public, and that will comply with the sentencing rules that the
Judicial Council may issue and any sentencing information relevant to
the setting of parole release dates. The board shall establish
criteria for the setting of parole release dates and in doing so
shall consider the number of victims of the crime for which the
inmate was sentenced and other factors in mitigation or aggravation
of the crime. At least one commissioner of the panel shall have been
present at the last preceding meeting, unless it is not feasible to
do so or where the last preceding meeting was the initial meeting.
Any person on the hearing panel may request review of any decision
regarding parole for an en banc hearing by the board. In case of a
review, a majority vote in favor of parole by the board members
participating in an en banc hearing is required to grant parole to
any inmate.
(b) The panel or the board, sitting en banc, shall set a release
date unless it determines that the gravity of the current convicted
offense or offenses, or the timing and gravity of current or past
convicted offense or offenses, is such that consideration of the
public safety requires a more lengthy period of incarceration for
this individual, and that a parole date, therefore, cannot be fixed
at this meeting. After the effective date of this subdivision, any
decision of the parole panel finding an inmate suitable for parole
shall become final within 120 days of the date of the hearing. During
that period, the board may review the panel's decision. The panel's
decision shall become final pursuant to this subdivision unless the
board finds that the panel made an error of law, or that the panel's
decision was based on an error of fact, or that new information
should be presented to the board, any of which when corrected or
considered by the board has a substantial likelihood of resulting in
a substantially different decision upon a rehearing. In making this
determination, the board shall consult with the commissioners who
conducted the parole consideration hearing. No decision of the parole
panel shall be disapproved and referred for rehearing except by a
majority vote of the board, sitting en banc, following a public
hearing.
(c) For the purpose of reviewing the suitability for parole of
those inmates eligible for parole under prior law at a date earlier
than that calculated under Section 1170.2, the board shall appoint
panels of at least two persons to meet annually with each inmate
until the time the person is released pursuant to proceedings or
reaches the expiration of his or her term as calculated under Section
1170.2.
(d) It is the intent of the Legislature that during times when
there is no backlog of inmates awaiting parole hearings, life parole
consideration hearings or life rescission hearings, hearings will be
conducted by a panel of three or more members, the majority of whom
shall be commissioners. The board shall report monthly on the number
of cases where an inmate has not received a completed initial or
subsequent parole consideration hearing within 30 days of the hearing
date required by subdivision (a) of Section 3041.5 or paragraph (2)
of subdivision (b) of Section 3041.5, unless the inmate has waived
the right to those timeframes. That report shall be considered the
backlog of cases for purposes of this section, and shall include
information on the progress toward eliminating the backlog, and on
the number of inmates who have waived their right to the above
timeframes. The report shall be made public at a regularly scheduled
meeting of the board and a written report shall be made available to
the public and transmitted to the Legislature quarterly.
(e) For purposes of this section, an en banc hearing by the board
means a hearing conducted by a committee of nine randomly selected
commissioners who are specifically appointed to hear adult parole
matters, selected by the chairperson. The committee shall be
comprised of a majority of commissioners holding office on the date
the matter is heard by the committee.



3041.1. Up to 90 days prior to a scheduled release date, the
Governor may request review of any decision by a parole authority
concerning the grant or denial of parole to any inmate in a state
prison. The Governor shall state the reason or reasons for the
request, and whether the request is based on a public safety concern,
a concern that the gravity of current or past convicted offenses may
have been given inadequate consideration, or on other factors. When
a request has been made, a randomly selected committee comprised of
nine commissioners specifically appointed to hear adult parole
matters and who are holding office at the time, shall review the
parole decision. In case of a review, a vote in favor of parole by a
majority of the commissioners on the committee shall be required to
grant parole to any inmate. In carrying out any review, the board
shall comply with the provisions of this chapter.



3041.2. (a) During the 30 days following the granting, denial,
revocation, or suspension by a parole authority of the parole of a
person sentenced to an indeterminate prison term based upon a
conviction of murder, the Governor, when reviewing the authority's
decision pursuant to subdivision (b) of Section 8 of Article V of the
Constitution, shall review materials provided by the parole
authority.
(b) If the Governor decides to reverse or modify a parole decision
of a parole authority pursuant to subdivision (b) of Section 8 of
Article V of the Constitution, he or she shall send a written
statement to the inmate specifying the reasons for his or her
decision.



3041.5. (a) At all hearings for the purpose of reviewing a prisoner'
s parole suitability, or the setting, postponing, or rescinding of
parole dates, the following shall apply:
(1) At least 10 days prior to any hearing by the Board of Parole
Hearings, the prisoner shall be permitted to review his or her file
which will be examined by the board and shall have the opportunity to
enter a written response to any material contained in the file.
(2) The prisoner shall be permitted to be present, to ask and
answer questions, and to speak on his or her own behalf. Neither the
prisoner nor the attorney for the prisoner shall be entitled to ask
questions of any person appearing at the hearing pursuant to
subdivision (b) of Section 3043.
(3) Unless legal counsel is required by some other provision of
law, a person designated by the Department of Corrections shall be
present to insure that all facts relevant to the decision be
presented, including, if necessary, contradictory assertions as to
matters of fact that have not been resolved by departmental or other
procedures.
(4) The prisoner and any person described in subdivision (b) of
Section 3043 shall be permitted to request and receive a stenographic
record of all proceedings.
(5) If the hearing is for the purpose of postponing or rescinding
of parole dates, the prisoner shall have rights set forth in
paragraphs (3) and (4) of subdivision (c) of Section 2932.
(6) The board shall set a date to reconsider whether an inmate
should be released on parole that ensures a meaningful consideration
of whether the inmate is suitable for release on parole.
(b) (1) Within 10 days following any meeting where a parole date
has been set, the board shall send the prisoner a written statement
setting forth his or her parole date, the conditions he or she must
meet in order to be released on the date set, and the consequences of
failure to meet those conditions.
(2) Within 20 days following any meeting where a parole date has
not been set, the board shall send the prisoner a written statement
setting forth the reason or reasons for refusal to set a parole date,
and suggest activities in which he or she might participate that
will benefit him or her while he or she is incarcerated.
(3) The board shall schedule the next hearing, after considering
the views and interests of the victim, as follows:
(A) Fifteen years after any hearing at which parole is denied,
unless the board finds by clear and convincing evidence that the
criteria relevant to the setting of parole release dates enumerated
in subdivision (a) of Section 3041 are such that consideration of the
public and victim's safety does not require a more lengthy period of
incarceration for the prisoner than 10 additional years.
(B) Ten years after any hearing at which parole is denied, unless
the board finds by clear and convincing evidence that the criteria
relevant to the setting of parole release dates enumerated in
subdivision (a) of Section 3041 are such that consideration of the
public and victim's safety does not require a more lengthy period of
incarceration for the prisoner than seven additional years.
(C) Three years, five years, or seven years after any hearing at
which parole is denied, because the criteria relevant to the setting
of parole release dates enumerated in subdivision (a) of Section 3041
are such that consideration of the public and victim's safety
requires a more lengthy period of incarceration for the prisoner, but
does not require a more lengthy period of incarceration for the
prisoner than seven additional years.
(4) The board may in its discretion, after considering the views
and interests of the victim, advance a hearing set pursuant to
paragraph (3) to an earlier date, when a change in circumstances or
new information establishes a reasonable likelihood that
consideration of the public and victim's safety does not require the
additional period of incarceration of the prisoner provided in
paragraph (3).
(5) Within 10 days of any board action resulting in the
postponement of a previously set parole date, the board shall send
the prisoner a written statement setting forth a new date and the
reason or reasons for that action and shall offer the prisoner an
opportunity for review of that action.
(6) Within 10 days of any board action resulting in the rescinding
of a previously set parole date, the board shall send the prisoner a
written statement setting forth the reason or reasons for that
action, and shall schedule the prisoner's next hearing in accordance
with paragraph (3).
(c) The board shall conduct a parole hearing pursuant to this
section as a de novo hearing. Findings made and conclusions reached
in a prior parole hearing shall be considered in but shall not be
deemed to be binding upon subsequent parole hearings for an inmate,
but shall be subject to reconsideration based upon changed facts and
circumstances. When conducting a hearing, the board shall admit the
prior recorded or memorialized testimony or statement of a victim or
witness, upon request of the victim or if the victim or witness has
died or become unavailable. At each hearing the board shall
determine the appropriate action to be taken based on the criteria
set forth in paragraph (3) of subdivision (a) of Section 3041.
(d) (1) An inmate may request that the board exercise its
discretion to advance a hearing set pursuant to paragraph (3) of
subdivision (b) to an earlier date, by submitting a written request
to the board, with notice, upon request, and a copy to the victim
which shall set forth the change in circumstances or new information
that establishes a reasonable likelihood that consideration of the
public safety does not require the additional period of incarceration
of the inmate.
(2) The board shall have sole jurisdiction, after considering the
views and interests of the victim to determine whether to grant or
deny a written request made pursuant to paragraph (1), and its
decision shall be subject to review by a court or magistrate only for
a manifest abuse of discretion by the board. The board shall have
the power to summarily deny a request that does not comply with the
provisions of this subdivision or that does not set forth a change in
circumstances or new information as required in paragraph (1) that
in the judgment of the board is sufficient to justify the action
described in paragraph (4) of subdivision (b).
(3) An inmate may make only one written request as provided in
paragraph (1) during each three-year period. Following either a
summary denial of a request made pursuant to paragraph (1), or the
decision of the board after a hearing described in subdivision (a) to
not set a parole date, the inmate shall not be entitled to submit
another request for a hearing pursuant to subdivision (a) until a
three-year period of time has elapsed from the summary denial or
decision of the board.



3041.7. At any hearing for the purpose of setting, postponing, or
rescinding a parole release date of a prisoner under a life sentence,
the prisoner shall be entitled to be represented by counsel and the
provisions of Section 3041.5 shall apply. The Board of Parole
Hearings shall provide by rule for the invitation of the prosecutor
of the county from which the prisoner was committed, or his
representative, to represent the interests of the people at the
hearing. The Board of Parole Hearings shall notify the prosecutor and
the Attorney General at least 30 days prior to the date of the
hearing.
Notwithstanding Section 12550 of the Government Code, the
prosecutor of the county from which the prisoner was committed, or
his representative, who shall not be the Attorney General, except in
cases in which the Attorney General prosecuted the case at the trial
level, shall be the sole representative of the interests of the
people.


3042. (a) At least 30 days before the Board of Prison Terms meets
to review or consider the parole suitability or the setting of a
parole date for any prisoner sentenced to a life sentence, the board
shall send written notice thereof to each of the following persons:
the judge of the superior court before whom the prisoner was tried
and convicted, the attorney who represented the defendant at trial,
the district attorney of the county in which the offense was
committed, the law enforcement agency that investigated the case, and
where the prisoner was convicted of the murder of a peace officer,
the law enforcement agency which had employed that peace officer at
the time of the murder.
(b) The Board of Prison Terms shall record all those hearings and
transcribe recordings of those hearings within 30 days of any
hearing. Those transcripts, including the transcripts of all prior
hearings, shall be filed and maintained in the office of the Board of
Prison Terms and shall be made available to the public no later than
30 days from the date of the hearing. No prisoner shall actually be
released on parole prior to 60 days from the date of the hearing.
(c) At any hearing, the presiding hearing officer shall state his
or her findings and supporting reasons on the record.
(d) Any statements, recommendations, or other materials considered
shall be incorporated into the transcript of the hearing, unless the
material is confidential in order to preserve institutional security
and the security of others who might be endangered by disclosure.
(e) This section shall not apply to any hearing held to consider
advancing a prisoner's parole date due to his or her conduct since
his or her last hearing.
(f) (1) The written notice to the judge of the superior court
before whom the prisoner was tried and convicted shall be sent by
certified mail with return receipt requested.
(2) The judge receiving this written notice may forward to the
parole board any unprivileged information from the trial or
sentencing proceeding regarding the prisoner, witnesses, or victims,
or other relevant persons, or any other information, that is
pertinent to the question of whether the parole board should grant
parole or under what conditions parole should be granted. The judge
may also, in his or her discretion, include information given to him
or her by victims, witnesses, or other persons that bear on the
question of the prisoner's suitability for parole.
(3) The parole board shall review and consider all information
received from the judge or any other person and shall consider
adjusting the terms or conditions of parole to reflect the comments
or concerns raised by this information, as appropriate.
(g) Nothing in this section shall be construed as limiting the
type or content of information the judge or any other person may
forward to the parole board for consideration under any other
provision of law.
(h) Any person who receives notice under subdivision (a) who is
authorized to forward information for consideration in a parole
suitability hearing or the setting of a parole date for a person
sentenced to a life sentence under this section, may forward that
information either by facsimile or electronic mail. The Department
of Corrections shall establish procedures for receiving the
information by facsimile or electronic mail pursuant to this
subdivision.


3043. (a) (1) Upon request, notice of any hearing to review or
consider the parole suitability or the setting of a parole date for
any prisoner in a state prison shall be sent by the Board of Parole
Hearings at least 90 days before the hearing to any victim of any
crime committed by the prisoner, or to the next of kin of the victim
if the victim has died, to include the commitment crimes, determinate
term commitment crimes for which the prisoner has been paroled, and
any other felony crimes or crimes against the person for which the
prisoner has been convicted. The requesting party shall keep the
board apprised of his or her current mailing address.
(2) No later than 30 days prior to the date selected for the
hearing, any person, other than the victim, entitled to attend the
hearing shall inform the board of his or her intention to attend the
hearing and the name and identifying information of any other person
entitled to attend the hearing who will accompany him or her.
(3) No later than 14 days prior to the date selected for the
hearing, the board shall notify every person entitled to attend the
hearing confirming the date, time, and place of the hearing.
(b) (1) The victim, next of kin, members of the victim's family,
and two representatives designated as provided in paragraph (2) of
this subdivision have the right to appear, personally or by counsel,
at the hearing and to adequately and reasonably express his, her, or
their views concerning the prisoner and the case, including, but not
limited to the commitment crimes, determinate term commitment crimes
for which the prisoner has been paroled, any other felony crimes or
crimes against the person for which the prisoner has been convicted,
the effect of the enumerated crimes on the victim and the family of
the victim, the person responsible for these enumerated crimes, and
the suitability of the prisoner for parole.
(2) Any statement provided by a representative designated by the
victim or next of kin may cover any subject about which the victim or
next of kin has the right to be heard including any recommendation
regarding the granting of parole. The representatives shall be
designated by the victim or, in the event that the victim is deceased
or incapacitated, by the next of kin. They shall be designated in
writing for the particular hearing prior to the hearing.
(c) A representative designated by the victim or the victim's next
of kin for purposes of this section may be any adult person selected
by the victim or the family of the victim. The board shall permit a
representative designated by the victim or the victim's next of kin
to attend a particular hearing, to provide testimony at a hearing,
and to submit a statement to be included in the hearing as provided
in Section 3043.2, even though the victim, next of kin, or a member
of the victim's immediate family is present at the hearing, and even
though the victim, next of kin, or a member of the victim's immediate
family has submitted a statement as described in Section 3043.2.
(d) The board, in deciding whether to release the person on
parole, shall consider the entire and uninterrupted statements of the
victim or victims, next of kin, immediate family members of the
victim, and the designated representatives of the victim or next of
kin, if applicable, made pursuant to this section and shall include
in its report a statement whether the person would pose a threat to
public safety if released on parole.
(e) In those cases where there are more than two immediate family
members of the victim who wish to attend any hearing covered in this
section, the board shall allow attendance of additional immediate
family members to include the following: spouse, children, parents,
siblings, grandchildren, and grandparents.



3043.1. Notwithstanding any other provision of law, a victim, his
or her next of kin, or any immediate family member of the victim who
appears at any hearing to review or consider the parole suitability
or the setting of a parole date for any prisoner pursuant to Section
3043 shall be entitled to the attendance of one person of his or her
own choosing at the hearing for support. The person so chosen shall
not participate in the hearing nor make comments while in attendance.




3043.2. (a) (1) In lieu of personal appearance at any hearing to
review the parole suitability or the setting of a parole date, the
Board of Prison Terms shall permit the victim, his or her next of
kin, immediate family members, or two representatives designated for
a particular hearing by the victim or next of kin in writing prior to
the hearing to file with the board a written, audiotaped, or
videotaped statement, or statement stored on a CD Rom, DVD, or any
other recording medium accepted by a court pursuant to Section
1191.15 or by the board, expressing his or her views concerning the
crime and the person responsible. The statement may be personal
messages from the person to the board made at any time or may be a
statement made pursuant to Section 1191.16, or a combination of both,
except that any statement provided by a representative designated by
the victim or next of kin shall be limited to comments concerning
the effect of the crime on the victim.
(2) A representative designated by the victim or the victim's next
of kin for purposes of this section must be either a family or
household member of the victim.
(3) The board shall consider any statement filed prior to reaching
a decision, and shall include in its report a statement of whether
the person would pose a threat to public safety if released on
parole.
(b) Whenever an audio or video statement or a statement stored on
a CD Rom, DVD, or other medium is filed with the board, a written
transcript of the statement shall also be provided by the person
filing the statement.
(c) Nothing in this section shall be construed to prohibit the
prosecutor from representing to the board the views of the victim,
his or her immediate family members, or next of kin.
(d) In the event the board permits an audio or video statement or
statement stored on a CD Rom, DVD, or other medium to be filed, the
board shall not be responsible for providing any equipment or
resources needed to assist the victim in preparing the statement.



3043.25. Any victim, next of kin, members of the victim's immediate
family, or representatives designated for a particular hearing by
the victim or next of kin in writing prior to the hearing who have
the right to appear at a hearing to review parole suitability or the
setting of a parole date, either personally as provided in Section
3043, or by a written, audiotaped, or videotaped statement as
provided in Section 3043.2, and any prosecutor who has the right to
appear pursuant to Section 3041.7, shall also have the right to
appear by means of videoconferencing, if videoconferencing is
available at the hearing site. For the purposes of this section,
"videoconferencing" means the live transmission of audio and video
signals by any means from one physical location to another.



3043.3. As used in Sections 3043, 3043.1, 3043.2, and 3043.25, the
term "immediate family" shall include the victim's spouse, parent,
grandparent, brother, sister, and children or grandchildren who are
related by blood, marriage, or adoption. As used in Sections 3043
and 3043.2, the term "household member of the victim" means a person
who lives, or was living at the time of the crime, in the victim's
household, and who has, or for a deceased victim had at the time of
the crime, an intimate or close relationship with the victim.



3043.5. (a) This section shall be known as the "Condit-Nolan Public
Participation in Parole Act of 1984."
(b) Any person interested in the grant or denial of parole to any
prisoner in a state prison shall have the right to submit a statement
of views in support of or in opposition to the granting of parole.
The board, in deciding whether to release the person on parole, shall
review all information received from the public to insure that the
gravity and timing of all current or past convicted offenses have
been given adequate consideration and to insure that the safety of
the public has been adequately considered. Upon completion of its
review, the board shall include in its report a statement that it has
reviewed all information received from the public and its conclusion
as to whether the person would pose a threat to the public safety if
released on parole.



3043.6. Any person authorized to appear at a parole hearing
pursuant to Section 3043, or a prosecutor authorized to represent the
views of the victim, his or her immediate family, or next of kin,
pursuant to Section 3043.2, shall have the right to speak last before
the board in regard to those persons appearing and speaking before
the board at a parole hearing. Nothing in this section shall
prohibit the person presiding at the hearing from taking any steps he
or she deems appropriate to ensure that only accurate and relevant
statements are considered in determining parole suitability as
provided in law, including, but not limited to, the rebuttal of
inaccurate statements made by any party.



3044. (a) Notwithstanding any other law, the Board of Parole
Hearings or its successor in interest shall be the state's parole
authority and shall be responsible for protecting victims' rights in
the parole process. Accordingly, to protect a victim from harassment
and abuse during the parole process, no person paroled from a
California correctional facility following incarceration for an
offense committed on or after the effective date of this act shall,
in the event his or her parole is revoked, be entitled to procedural
rights other than the following:
(1) A parolee shall be entitled to a probable cause hearing no
later than 15 days following his or her arrest for violation of
parole.
(2) A parolee shall be entitled to an evidentiary revocation
hearing no later than 45 days following his or her arrest for
violation of parole.
(3) A parolee shall, upon request, be entitled to counsel at state
expense only if, considering the request on a case-by-case basis,
the board or its hearing officers determine:
(A) The parolee is indigent; and
(B) Considering the complexity of the charges, the defense, or
because the parolee's mental or educational capacity, he or she
appears incapable of speaking effectively in his or her own defense.

(4) In the event the parolee's request for counsel, which shall be
considered on a case-by-case basis, is denied, the grounds for
denial shall be stated succinctly in the record.
(5) Parole revocation determinations shall be based upon a
preponderance of evidence admitted at hearings including documentary
evidence, direct testimony, or hearsay evidence offered by parole
agents, peace officers, or a victim.
(6) Admission of the recorded or hearsay statement of a victim or
percipient witness shall not be construed to create a right to
confront the witness at the hearing.
(b) The board is entrusted with the safety of victims and the
public and shall make its determination fairly, independently, and
without bias and shall not be influenced by or weigh the state cost
or burden associated with just decisions. The board must accordingly
enjoy sufficient autonomy to conduct unbiased hearings, and maintain
an independent legal and administrative staff. The board shall report
to the Governor.


3045. Any sentence based on conviction of crime of which the person
was previously pardoned on the express ground that he was not guilty
shall not be counted as a previous conviction.



3046. (a) No prisoner imprisoned under a life sentence may be
paroled until he or she has served the greater of the following:
(1) A term of at least seven calendar years.
(2) A term as established pursuant to any other provision of law
that establishes a minimum term or minimum period of confinement
under a life sentence before eligibility for parole.
(b) If two or more life sentences are ordered to run consecutively
to each other pursuant to Section 669, no prisoner so imprisoned may
be paroled until he or she has served the term specified in
subdivision (a) on each of the life sentences that are ordered to run
consecutively.
(c) The Board of Prison Terms shall, in considering a parole for a
prisoner, consider all statements and recommendations which may have
been submitted by the judge, district attorney, and sheriff,
pursuant to Section 1203.01, or in response to notices given under
Section 3042, and recommendations of other persons interested in the
granting or denying of the parole. The board shall enter on its
order granting or denying parole to these prisoners, the fact that
the statements and recommendations have been considered by it.



3049. In all other cases not heretofore provided for, no prisoner
sentenced prior to July 1, 1977 may be paroled until he has served
the minimum term of imprisonment provided by law for the offense of
which he was convicted, except that in cases where the prisoner was
serving a sentence on December 31, 1947, and in which the minimum
term of imprisonment is more than one year, he may be paroled at any
time after the expiration of one-half of the minimum term, with
benefit of credits, but in no case shall he be paroled until he has
served one calendar year; provided, that any prisoner, received on or
after January 1, 1948, at any state prison or institution under the
jurisdiction of the Director of Corrections, whose minimum term of
imprisonment is more than one year, may be paroled at any time after
the expiration of one-third of the minimum term. In all other cases
he may be paroled at any time after he has served the minimum term
prescribed by law.



3049.5. Notwithstanding the provisions of Section 3049, any
prisoner selected for inclusion in a specific research program
approved by the Board of Corrections may be paroled upon completion
of the diagnostic study provided for in Section 5079. The number of
prisoners released in any year under this provision shall not exceed
5 percent of the total number of all prisoners released in the
preceding year.
This section shall not apply to a prisoner who, while committing
the offense for which he has been imprisoned, physically attacked any
person by any means. A threat of attack is not a physcial attack for
the purposes of this section unless such threat was accompanied by
an attempt to inflict physical harm upon some person.
The Board of Corrections shall report to the Legislature on the
fifth Legislative day of the 1974 Regular Session of the Legislature
regarding any research program completed or in progress authorized
under this section, and thereafter it shall report annually.



3052. The Board of Prison Terms shall have the power to establish
and enforce rules and regulations under which prisoners committed to
state prisons may be allowed to go upon parole outside the prison
buildings and enclosures when eligible for parole.



3053. (a) The Board of Prison Terms upon granting any parole to any
prisoner may also impose on the parole any conditions that it may
deem proper.
(b) The Board of Prison Terms may impose as a condition of parole
that any prisoner granted parole undergo an examination or test for
tuberculosis when the board reasonably suspects that the parolee has,
has had, or has been exposed to, tuberculosis in an infectious
stage.
(c) For purposes of this section, an "examination or test for
tuberculosis" means testing and followup examinations or treatment
according to the Centers for Disease Control and American Thoracic
Society recommendations in effect at the time of the initial
examination.


3053.2. (a) Upon the request of the victim, or the victim's parent
or legal guardian if the victim is a minor, the parole authority
shall impose the following condition on the parole of a person
released from prison for an offense involving threatening, stalking,
***ually abusing, harassing, or violent acts in which the victim is a
person specified in Section 6211 of the Family Code:
Compliance with a protective order enjoining the parolee from
threatening, stalking, ***ually abusing, harassing, or taking further
violent acts against the victim and, if appropriate, compliance with
any or all of the following:
(1) An order prohibiting the parolee from having personal,
telephonic, electronic, media, or written contact with the victim.
(2) An order prohibiting the parolee from coming within at least
100 yards of the victim or the victim's residence or workplace.
(3) An order excluding the parolee from the victim's residence.
(b) The parole authority may impose the following condition on the
parole of a person released from prison for an offense involving
threatening, stalking, ***ually abusing, harassing, or violent acts
in which the victim is a person specified in Section 6211 of the
Family Code:
For persons who committed the offense prior to January 1, 1997,
participation in a batterer's program, as specified in this section,
for the entire period of parole. For persons who committed the
offense after January 1, 1997, successful completion of a batterer's
program, which shall be a condition of release from parole. If no
batterer's program is available, another appropriate counseling
program designated by the parole agent or officer, for a period of
not less than one year, with weekly sessions of a minimum of two
hours of classroom time. The program director shall give periodic
progress reports to the parole agent or officer at least every three
months.
(c) The parole agent or officer shall refer the parolee only to a
batterer's program that follows the standards outlined in Section
1203.097 and immediately following sections.
(d) The parolee shall file proof of enrollment in a batterer's
program with the parole agent or officer within 30 days after the
first meeting with his or her parole agent or officer, if he or she
committed the offense after January 1, 1997, or within 30 days of
receiving notice of this parole condition, if he or she committed the
offense prior to January 1, 1997.
(e) The parole agent or officer shall conduct an initial
assessment of the parolee, which information shall be provided to the
batterer's program. The assessment shall include, but not be
limited to, all of the following:
(1) Social, economic, and family background.
(2) Education.
(3) Vocational achievements.
(4) Criminal history, prior incidents of violence, and arrest
reports.
(5) Medical history.
(6) Substance abuse history.
(7) Consultation with the probation officer.
(8) Verbal consultation with the victim, only if the victim
desires to participate.
(f) Upon request of the victim, the victim shall be notified of
the release of the parolee and the parolee's location and parole
agent or officer. If the victim requests notification, he or she
shall also be informed that attendance in any program does not
guarantee that an abuser will not be violent.
(g) The parole agent or officer shall advise the parolee that the
failure to enroll in a specified program, as directed, may be
considered a parole violation that would result in possible further
incarceration.
(h) The director of the batterer's program shall immediately
report any violation of the terms of the protective order issued
pursuant to paragraph (3) of subdivision (a), including any new acts
of violence or failure to comply with the program requirements, to
the parolee's parole agent or officer.
(i) Upon recommendation of the director of the batterer's program,
a parole agent or officer may require a parolee to participate in
additional sessions throughout the parole period, unless he or she
finds that it is not in the interests of justice to do so. In
deciding whether the parolee would benefit from more sessions, the
parole agent or officer shall consider whether any of the following
conditions exist:
(1) The parolee has been violence-free for a minimum of six
months.
(2) The parolee has cooperated and participated in the batterer's
program.
(3) The parolee demonstrates an understanding of, and practices,
positive conflict resolution skills.
(4) The parolee blames, degrades, or has committed acts that
dehumanize the victim or puts the victim's safety at risk, including,
but not limited to, molesting, stalking, striking, attacking,
threatening, ***ually assaulting, or battering the victim.
(5) The parolee demonstrates an understanding that the use of
coercion or violent behavior to maintain dominance is unacceptable in
an intimate relationship.
(6) The parolee has made threats to harm another person in any
manner.
(7) The parolee demonstrates acceptance of responsibility for the
abusive behavior perpetrated against the victim.




3053.4. In the case of any person who is released from prison on
parole or after serving a term of imprisonment for any felony offense
committed against the person or property of another individual,
private institution, or public agency because of the victim's actual
or perceived race, color, ethnicity, religion, nationality, country
of origin, ancestry, disability, gender, or ***ual orientation,
including, but not limited to, offenses defined in Section 422.6,
422.7, 422.75, 594.3, or 11411, the parole authority, absent
compelling circumstances, shall order the defendant as a condition of
parole to refrain from further acts of violence, threats, stalking,
or harassment of the victim, or known immediate family or domestic
partner of the victim, including stay-away conditions when
appropriate. In these cases, the parole authority may also order
that the defendant be required as a condition of parole to complete a
class or program on racial or ethnic sensitivity, or other similar
training in the area of civil rights, or a one-year counseling
program intended to reduce the tendency toward violent and antisocial
behavior if that class, program, or training is available and was
developed or authorized by the court or local agencies in cooperation
with organizations serving the affected community.



3053.5. Upon granting parole to any prisoner convicted of any of
the offenses enumerated in Section 290, the Board of Prison Terms
shall inquire into the question whether the defendant at the time the
offense was committed was intoxicated or addicted to the excessive
use of alcoholic liquor or beverages at that time or immediately
prior thereto, and if it is found that the person was so intoxicated
or so addicted, it shall impose as a condition of parole that such
prisoner shall totally abstain from the use of alcoholic liquor or
beverages.


3053.6. (a) Where a person committed to prison for a *** crime for
which registration is required pursuant to Section 290 is to be
released on parole, the department, in an appropriate case, shall
make an order that the parolee not contact or communicate with the
victim of the crime, or any of the victim's family members. In
determining whether to make the order, the department shall consider
the facts of the offense and the background of the parolee.
(b) Where a victim, or an immediate family member of a victim,
requests that the parolee not contact him or her, the order shall be
made. An immediate family member's request that the parolee not
contact that person shall be granted even where the direct victim
allows contact.
(c) Where the victim is a minor, the order that the parolee shall
not contact or communicate with the victim shall be made where
requested by the victim, or the parents or guardian of the victim. In
the event of a dispute between the parents or guardians of a minor
victim concerning whether a no-contact and no-communication order
should be made, the board shall hold a hearing to resolve the
dispute. The victim, or the parents or guardians, shall not be
required to attend the hearing. The victim, or the parents of the
victim, may submit a written statement to the board concerning the
issue of whether a no-contact or no-communication order shall be
made.
(d) The district attorney of the county that prosecuted the
defendant for the *** crime for which the parolee was committed to
prison may be available to facilitate and assist the victim, or
victim's family member, in stating to the department whether or not
the order that the parolee not contact or communicate with him or her
shall be made.


3054. (a) (1) The Department of Corrections shall establish three
pilot programs that provide intensive training and counseling
programs for female parolees to assist in the successful
reintegration of those parolees into the community upon release or
discharge from prison and after completion of in-prison therapeutic
community substance abuse treatment programs.
(2) The Director of Corrections shall determine the counties in
which the pilot programs are established.
(b) (1) The services offered in the pilot programs may include,
but shall not be limited to, drug and alcohol abuse treatment,
cognitive skills development, education, life skills, job skills,
victim impact awareness, anger management, family reunification,
counseling, vocational training and support, residential care, and
placement in affordable housing and employment opportunities.
(2) Ancillary services such as child care and reimbursement of
transportation costs shall be provided to the extent necessary to
permit full participation by female offenders in employment
assistance, substance abuse treatment, and other program elements.
(3) The pilot programs shall include a case management component
to assess the social services and other needs of participating in the
social services, education, job training, and other programs most
likely to result in their recovery and employment success.
(c) With respect to a female parolee who violates her parole, the
Board of Prison Terms may order initial or continued participation in
a program under this section, in lieu of revocation pursuant to
Section 3060, provided the department approves the program
participation, the parolee meets all eligibility criteria for the
program, and the parole violation was nonviolent.
(d) (1) The Department of Corrections shall prepare an
informational handout explaining the pilot programs created by this
section.
(2) A copy of this informational handout shall be given to each
female inmate eligible for any of the pilot programs and to each
female parolee eligible for any of the pilot programs pursuant to
subdivision (c).
(e) Subject to appropriation of funds, the department is
authorized to enter into contracts, or amend existing contracts, for
community residential treatment services for offenders and minor
children in an offender's custody in order to carry out the goals
stated in paragraph (1) of subdivision (a).
(f) (1) It is the intent of the Legislature that the programs
demonstrate the cost-effectiveness of providing the enhanced services
described in subdivision (b), based upon an annual evaluation of a
representative sample of female parolees, in order to determine the
impact of these services upon the criminal recidivism, employment,
and welfare dependency of the offenders and their families.
(2) The department, with the assistance of an independent
consultant with expertise in criminal justice programs, shall
complete a report evaluating the cost-effectiveness of the pilot
programs in regard to the effect of the programs (A) on the
recidivism of participating female offenders compared with a
comparable nonparticipating group of female offenders and (B) on the
employment of female offenders and the welfare dependency of a female
offender's family. The report shall be provided to the Governor and
the Chairperson of the Joint Legislative Budget Committee and the
chairpersons of the fiscal committees of both houses of the
Legislature by January 1, 2002.


3055. (a) The Department of Corrections and Rehabilitation, to the
extent existing resources are available or additional resources for
these purposes are appropriated, shall establish a reentry program in
the City of East Palo Alto.
(b) The reentry program may include, but is not limited to, the
following components:
(1) A prerelease needs assessment of inmates scheduled to parole
to East Palo Alto.
(2) A partnership between parole agents and local law enforcement
officers in supervising parolees released to East Palo Alto.
(3) Development of a reentry plan identifying services needed by
the parolee.
(4) A partnership with local community organizations and service
providers to provide support services to parolees such as
transitional housing, job training, or placement, or substance abuse
treatment.
(c) The department shall maintain statistical information related
to this reentry program, including, but not limited to, the number of
parolees served and the rate of return to prison for those parolees.
This information shall be provided to the Legislature upon request.

(d) This section shall become operative only upon the consent of
the City of East Palo Alto to participate in the pilot program.
(e) This section shall remain in effect only until January 1, 2010,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2010, deletes or extends that date.




3055.5. (a) The Department of Corrections and Rehabilitation shall
contract for the establishment and operation of a prerelease parole
pilot program in Alameda County.
(b) The purpose of the program is to provide coordination between
departmental and community service providers to ensure that parolees
transition smoothly from services during incarceration through
reentry programs.
(c) (1) The program shall prepare participants who will be
entering a reentry services program.
(2) Up to one year prior to his or her release on parole from any
state correctional facility to Alameda County, any male or female
inmate who has been committed for a nonviolent offense may enroll in
the program.
(d) The program shall include, but not be limited to, a prerelease
assessment screening for needed educational, employment-related,
medical, substance abuse and mental health services, housing
assistance, and other social services.
(e) In awarding a contract pursuant to this section, the secretary
may accept proposals from public and private not-for-profit entities
located in Alameda County.
(f) The contractee, with the assistance of an independent
consultant with expertise in criminal justice programs, shall
complete a report that evaluates the cost-effectiveness of the
prerelease program with respect to the effect of the program on the
recidivism rate of the participants. The contractee shall submit that
report to the appropriate policy and fiscal committees of the
Legislature, and to the Governor, no later than January 1, 2010.
Implementation of the program is contingent upon the availability of
funding for the completion of the report. The contractee may obtain
funding for the report from sources outside the budget of the
Department of Corrections and Rehabilitation. The Legislature intends
that no more than 5 percent of the cost of the program should be
expended to prepare and submit the report.
(g) This section shall remain in effect until January 1, 2011, and
as of that date is repealed, unless a later enacted statute that is
enacted before January 1, 2011, deletes or extends that date.



3056. Prisoners on parole shall remain under the legal custody of
the department and shall be subject at any time to be taken back
within the inclosure of the prison.



3057. (a) Confinement pursuant to a revocation of parole in the
absence of a new conviction and commitment to prison under other
provisions of law, shall not exceed 12 months, except as provided in
subdivision (c).
(b) Upon completion of confinement pursuant to parole revocation
without a new commitment to prison, the inmate shall be released on
parole for a period which shall not extend beyond that portion of the
maximum statutory period of parole specified by Section 3000 which
was unexpired at the time of each revocation.
(c) Notwithstanding the limitations in subdivision (a) and in
Section 3060.5 upon confinement pursuant to a parole revocation, the
parole authority may extend the confinement pursuant to parole
revocation for a maximum of an additional 12 months for subsequent
acts of misconduct committed by the parolee while confined pursuant
to that parole revocation. Upon a finding of good cause to believe
that a parolee has committed a subsequent act of misconduct and
utilizing procedures governing parole revocation proceedings, the
parole authority may extend the period of confinement pursuant to
parole revocation as follows: (1) not more than 180 days for an act
punishable as a felony, whether or not prosecution is undertaken, (2)
not more than 90 days for an act punishable as a misdemeanor,
whether or not prosecution is undertaken, and (3) not more than 30
days for an act defined as a serious disciplinary offense pursuant to
subdivision (a) of Section 2932.
(d) (1) Except for parolees specified in paragraph (2), any
revocation period imposed under subdivision (a) may be reduced in the
same manner and to the same extent as a term of imprisonment may be
reduced by worktime credits under Section 2933. Worktime credit must
be earned and may be forfeited pursuant to the provisions of Section
2932.
Worktime credit forfeited shall not be restored.
(2) The following parolees shall not be eligible for credit under
this subdivision:
(A) Parolees who are sentenced under Section 1168 with a maximum
term of life imprisonment.
(B) Parolees who violated a condition of parole relating to
association with specified persons, entering prohibited areas,
attendance at parole outpatient clinics, or psychiatric attention.
(C) Parolees who were revoked for conduct described in, or that
could be prosecuted under any of the following sections, whether or
not prosecution is undertaken: Section 189, Section 191.5,
subdivision (a) of Section 192, subdivision (a) of Section 192.5,
Section 203, 207, 211, 215, 217.1, or 220, subdivision (b) of Section
241, Section 244, paragraph (1) or (2) of subdivision (a) of Section
245, paragraph (2) or (6) of subdivision (a) of Section 261,
paragraph (1) or (4) of subdivision (a) of Section 262, Section
264.1, subdivision (c) or (d) of Section 286, Section 288,
subdivision (c) or (d) of Section 288a, subdivision (a) of Section
289, 347, or 404, subdivision (a) of Section 451, Section 12020,
12021, 12022, 12022.5, 12022.53, 12022.7, 12022.8, 12025, or 12560,
or Section 664 for any attempt to engage in conduct described in or
that could be prosecuted under any of the above-mentioned sections.
(D) Parolees who were revoked for any reason if they had been
granted parole after conviction of any of the offenses specified in
subparagraph (C).
(E) Parolees who the parole authority finds at a revocation
hearing to be unsuitable for reduction of the period of confinement
because of the circumstances and gravity of the parole violation, or
because of prior criminal history.


3058. Any person who knowingly and wilfully communicates to
another, either orally or in writing, any statement concerning any
person then or theretofore convicted of a felony, and then on parole,
and which communication is made with the purpose and intent to
deprive said person so convicted of employment, or to prevent him
from procuring the same, or with the purpose and intent to extort
from him any money or article of value; and any person who threatens
to make any said communication with the purpose and intent to extort
money or any article of value from said person so convicted of a
felony, is guilty of a misdemeanor.


3058.4. (a) All parole officers shall report to the appropriate
child protective agency if a person paroled following a conviction of
Section 273a, 273ab, or 273d, or any *** offense identified in
statute as being perpetrated against a minor, has violated the terms
or conditions of parole related specifically to restrictions on
contact with the victim or the victim's family.
(b) The Department of Corrections shall annually provide to all
parole officers a written summary describing the legal duties of
parole officers to report information to local child protective
agencies as required by Section 11166 and this section.



3058.5. The Department of Corrections shall provide within 10 days,
upon request, to the chief of police of a city or the sheriff of a
county, information available to the department, including actual,
glossy photographs, no smaller than 31/8 x 31/8 inches in size, and,
in conjunction with the Department of Justice, fingerprints,
concerning persons then on parole who are or may be residing or
temporarily domiciled in that city or county.



3058.6. (a) Whenever any person confined to state prison is serving
a term for the conviction of a violent felony listed in subdivision
(c) of Section 667.5, the Board of Prison Terms, with respect to
inmates sentenced pursuant to subdivision (b) of Section 1168 or the
Department of Corrections, with respect to inmates sentenced pursuant
to Section 1170, shall notify the sheriff or chief of police, or
both, and the district attorney, who has jurisdiction over the
community in which the person was convicted and, in addition, the
sheriff or chief of police, or both, and the district attorney,
having jurisdiction over the community in which the person is
scheduled to be released on parole or rereleased following a period
of confinement pursuant to a parole revocation without a new
commitment.
(b) (1) The notification shall be made by mail at least 45 days
prior to the scheduled release date, except as provided in paragraph
(3). In all cases, the notification shall include the name of the
person who is scheduled to be released, whether or not the person is
required to register with local law enforcement, and the community in
which the person will reside. The notification shall specify the
office within the Department of Corrections with the authority to
make final determination and adjustments regarding parole location
decisions.
(2) Notwithstanding any other provision of law, the Department of
Corrections shall not restore credits nor take any administrative
action resulting in an inmate being placed in a greater credit
earning category that would result in notification being provided
less than 45 days prior to an inmate's scheduled release date.
(3) When notification cannot be provided within the 45 days due to
the unanticipated release date change of an inmate as a result of an
order from the court, an action by the Board of Prison Terms, the
granting of an administrative appeal, or a finding of not guilty or
dismissal of a disciplinary action, that affects the sentence of the
inmate, or due to a modification of the department's decision
regarding the community into which the person is scheduled to be
released pursuant to paragraph (4), the department shall provide
notification as soon as practicable, but in no case less than 24
hours after the final decision is made regarding where the parolee
will be released.
(4) Those agencies receiving the notice referred to in this
subdivision may provide written comment to the board or department
regarding the impending release. Agencies that choose to provide
written comments shall respond within 30 days prior to the inmate's
scheduled release, unless an agency received less than 45 days'
notice of the impending release, in which case the agency shall
respond as soon as practicable prior to the scheduled release. Those
comments shall be considered by the board or department which may,
based on those comments, modify its decision regarding the community
in which the person is scheduled to be released. The Department of
Corrections shall respond in writing not less than 15 days prior to
the scheduled release with a final determination as to whether to
adjust the parole location and documenting the basis for its
decision, unless the department received comments less than 30 days
prior to the impending release, in which case the department shall
respond as soon as practicable prior to the scheduled release. The
comments shall become a part of the inmate's file.
(c) If the court orders the immediate release of an inmate, the
department shall notify the sheriff or chief of police, or both, and
the district attorney, having jurisdiction over the community in
which the person was convicted and, in addition, the sheriff or chief
of police, or both, and the district attorney, having jurisdiction
over the community in which the person is scheduled to be released on
parole at the time of release.
(d) The notification required by this section shall be made
whether or not a request has been made under Section 3058.5.
In no case shall notice required by this section to the
appropriate agency be later than the day of release on parole. If,
after the 45-day notice is given to law enforcement and to the
district attorney relating to an out-of-county placement, there is
change of county placement, notice to the ultimate county of
placement shall be made upon the determination of the county of
placement.


3058.61. Whenever any person confined to state prison is serving a
term for a conviction of Section 646.9, the Department of Corrections
shall notify by mail, at least 45 days prior to the person's
scheduled release date, the sheriff or chief of police, or both, and
the district attorney who has jurisdiction over the community in
which the person was convicted, and the sheriff, chief of police, or
both, and the district attorney having jurisdiction over the
community in which the person is scheduled to be released on parole,
or released following a period of confinement pursuant to a parole
revocation without a new commitment. The notification shall indicate
whether the victim has requested notification from the department
pursuant to Section 646.92.



3058.65. (a) (1) Whenever any person confined in the state prison
is serving a term for the conviction of child abuse, pursuant to
Section 273a, 273ab, 273d, any *** offense specified as being
perpetrated against a minor, or an act of domestic violence, or as
ordered by a court, the Board of Prison Terms, with respect to
inmates sentenced pursuant to subdivision (b) of Section 1168, or the
Department of Corrections, with respect to inmates sentenced
pursuant to Section 1170, shall notify the following parties that the
person is scheduled to be released on parole, or rereleased
following a period of confinement pursuant to a parole revocation
without a new commitment, as specified in subdivision (b):
(A) The immediate family of the parolee who requests notification
and provides the department with a current address.
(B) A county child welfare services agency that requests
notification pursuant to Section 16507 of the Welfare and
Institutions Code.
(2) For the purposes of this paragraph, "immediate family of the
parolee" means the parents, siblings, and spouse of the parolee.
(b) (1) The notification shall be made by mail at least 60 days
prior to the scheduled release date, except as provided in paragraph
(2). In all cases, the notification shall include the name of the
person who is scheduled to be released, the terms of that person's
parole, whether or not that person is required to register with local
law enforcement, and the community in which that person will reside.
The notification shall specify the office within the Department of
Corrections that has the authority to make the final determination
and adjustments regarding parole location decisions.
(2) When notification cannot be provided within the 60 days due to
the unanticipated release date change of an inmate as a result of an
order from the court, an action by the Board of Prison Terms, the
granting of an administrative appeal, or a finding of not guilty or
dismissal of a disciplinary action, that affects the sentence of the
inmate, or due to a modification of the department's decision
regarding the community into which the person is scheduled to be
released pursuant to paragraph (3), the department shall provide
notification to the parties and agencies specified in subdivision (a)
as soon as practicable, but in no case less than 24 hours after the
final decision is made regarding the location where the parolee will
be released.
(3) Those agencies receiving the notice referred to in this
subdivision may provide written comment to the board or department
regarding the impending release. Agencies that choose to provide
written comments shall respond within 30 days prior to the inmate's
scheduled release, unless an agency received less than 60 days'
notice of the impending release, in which case the agency shall
respond as soon as practicable prior to the scheduled release. Those
comments shall be considered by the board or department which may,
based on those comments, modify its decision regarding the community
in which the person is scheduled to be released. The board or
department shall respond in writing not less than 15 days prior to
the scheduled release with a final determination as to whether to
adjust the parole location and documenting the basis for its
decision, unless the department received comments less than 30 days
prior to the impending release, in which case the department shall
respond as soon as practicable prior to the scheduled release. The
comments shall become a part of the inmate's file.
(c) In no case shall the notice required by this section be later
than the day the person is released on parole.




3058.7. (a) Whenever any sheriff or chief of police is notified of
the pending release of a convicted violent felon pursuant to Section
3058.6, that sheriff or chief of police may notify any person
designated by the sheriff or chief of police as an appropriate
recipient of this notice.
(b) A law enforcement official authorized to provide notice
pursuant to this section, and the public agency or entity employing
the law enforcement official, shall not be liable for providing or
failing to provide notice pursuant to this section.



3058.8. (a) At the time a notification is sent pursuant to
subdivision (a) of Section 3058.6, the Board of Parole Hearings or
the Department of Corrections and Rehabilitation, or the designated
agency responsible for notification, as the case may be, shall also
send a notice to persons described in Section 679.03 who have
requested a notice informing those persons of the fact that the
person who committed the violent offense is scheduled to be released
from the Department of Corrections and Rehabilitation or from the
State Department of Mental Health, including, but not limited to,
conditional release, and specifying the proposed date of release.
Notice of the community in which the person is scheduled to reside
shall also be given if it is (1) in the county of residence of a
witness, victim, or family member of a victim who has requested
notification, or (2) within 100 miles of the actual residence of a
witness, victim, or family member of a victim who has requested
notification. If, after providing the witness, victim, or next of kin
with the notice, there is any change in the release date or the
community in which the person is to reside, the board or department
shall provide the witness, victim, or next of kin with the revised
information.
(b) In order to be entitled to receive the notice set forth in
this section, the requesting party shall keep the department or board
informed of his or her current mailing address.
(c) The board or department, when sending out notices regarding an
offender's release on parole, shall use the information provided by
the requesting party in the form completed pursuant to subdivision
(b) of Section 679.03, unless that information is no longer current.
If the information is no longer current, the department shall make a
reasonable attempt to contact the person and to notify him or her of
the impending release.



3058.9. (a) Whenever any person confined to state prison is serving
a term for the conviction of child abuse pursuant to Section 273a,
273ab, 273d, or any *** offense identified in statute as being
perpetrated against a minor victim, or as ordered by any court, the
Board of Prison Terms, with respect to inmates sentenced pursuant to
subdivision (b) of Section 1168 or the Department of Corrections,
with respect to inmates sentenced pursuant to Section 1170, shall
notify the sheriff or chief of police, or both, and the district
attorney, having jurisdiction over the community in which the person
was convicted and, in addition, the sheriff or chief of police, or
both, and the district attorney having jurisdiction over the
community in which the person is scheduled to be released on parole
or rereleased following a period of confinement pursuant to a parole
revocation without a new commitment.
(b) (1) The notification shall be made by mail at least 45 days
prior to the scheduled release date, except as provided in paragraph
(3). In all cases, the notification shall include the name of the
person who is scheduled to be released, whether or not the person is
required to register with local law enforcement, and the community in
which the person will reside. The notification shall specify the
office within the Department of Corrections with the authority to
make final determination and adjustments regarding parole location
decisions.
(2) Notwithstanding any other provision of law, the Department of
Corrections shall not restore credits nor take any administrative
action resulting in an inmate being placed in a greater credit
earning category that would result in notification being provided
less than 45 days prior to an inmate's scheduled release date.
(3) When notification cannot be provided within the 45 days due to
the unanticipated release date change of an inmate as a result of an
order from the court, an action by the Board of Prison Terms, the
granting of an administrative appeal, or a finding of not guilty or
dismissal of a disciplinary action, that affects the sentence of the
inmate, or due to a modification of the department's decision
regarding the community into which the person is scheduled to be
released pursuant to paragraph (4), the department shall provide
notification as soon as practicable, but in no case less than 24
hours after the final decision is made regarding where the parolee
will be released.
(4) Those agencies receiving the notice referred to in this
subdivision may provide written comment to the board or department
regarding the impending release. Agencies that choose to provide
written comments shall respond within 30 days prior to the inmate's
scheduled release, unless an agency received less than 45 days'
notice of the impending release, in which case the agency shall
respond as soon as practicable prior to the scheduled release. Those
comments shall be considered by the board or department, which may,
based on those comments, modify its decision regarding the community
in which the person is scheduled to be released. The Department of
Corrections shall respond in writing not less than 15 days prior to
the scheduled release with a final determination as to whether to
adjust the parole location and documenting the basis for its
decision, unless the department received comments less than 30 days
prior to the impending release, in which case the department shall
respond as soon as practicable prior to the scheduled release. The
comments shall become a part of the inmate's file.
(c) If the court orders the immediate release of an inmate, the
department shall notify the sheriff or chief of police, or both, and
the district attorney, having jurisdiction over the community in
which the person was convicted and, in addition, the sheriff or chief
of police, or both, and the district attorney, having jurisdiction
over the community in which the person is scheduled to be released on
parole or released following a period of confinement pursuant to a
parole revocation without a new commitment.
(d) The notification required by this section shall be made
whether or not a request has been made under Section 3058.5.
In no case shall notice required by this section to the
appropriate agency be later than the day of release on parole. If,
after the 45-day notice is given to law enforcement and to the
district attorney relating to an out-of-county placement, there is
change of county placement, notice to the ultimate county of
placement shall be made upon the determination of the county of
placement.
(e) The notice required by this section shall satisfy the notice
required by Section 3058.6 for any person whose offense is identified
in both sections.


3059. If any paroled prisoner shall leave the state without
permission of the Board of Prison Terms, he shall be held as an
escaped prisoner and arrested as such.



3060. The parole authority shall have full power to suspend or
revoke any parole, and to order returned to prison any prisoner upon
parole. The written order of the parole authority shall be a
sufficient warrant for any peace or prison officer to return to
actual custody any conditionally released or paroled prisoner.




3060.1. Upon the revocation of the parole of any prisoner who was
ordered by the court to pay an additional restitution fine pursuant
to Section 1202.45, but which was suspended by that section, the
additional restitution fine shall be reinstated without the need for
any further court proceeding.



3060.5. Notwithstanding any other provision of law, the parole
authority shall revoke the parole of any prisoner who refuses to sign
a parole agreement setting forth the general and any special
conditions applicable to the parole, refuses to sign any form
required by the Department of Justice stating that the duty of the
prisoner to register under Section 290 has been explained to the
prisoner, unless the duty to register has not been explained to the
prisoner, or refuses to provide samples of blood or saliva as
required by the DNA and Forensic Identification Data Base and Data
Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9
of Part 1), and shall order the prisoner returned to prison.
Confinement pursuant to any single revocation of parole under this
section shall not, absent a new conviction and commitment to prison
under other provisions of law, exceed six months, except as provided
in subdivision (c) of Section 3057.


3060.6. Notwithstanding any other provision of law, on or after
January 1, 2001, whenever any paroled person is returned to custody
or has his or her parole revoked for conduct described in subdivision
(c) of Section 290, the parole authority shall report the
circumstances that were the basis for the return to custody or
revocation of parole to the law enforcement agency and the district
attorney that has primary jurisdiction over the community in which
the circumstances occurred and to the Department of Corrections and
Rehabilitation. Upon the release of the paroled person, the
Department of Corrections and Rehabilitation shall inform the law
enforcement agency and the district attorney that has primary
jurisdiction over the community in which the circumstances occurred
and, if different, the county in which the person is paroled or
discharged, of the circumstances that were the basis for the return
to custody or revocation of parole.


3060.7. (a) Notwithstanding any other law, the parole authority
shall notify any person released on parole who has been classified by
the Department of Corrections as included within the highest control
or risk classification that he or she shall be required to report to
his or her assigned parole officer within two days of release from
the state prison.
This section shall not prohibit the parole authority from
requiring any person released on parole to report to his or her
assigned parole officer within a time period that is less than two
days from the time of release.
(b) The parole authority, within 24 hours of a parolee's failure
to report as required by this section, shall issue a written order
suspending the parole of that parolee, pending a hearing before the
parole authority, and shall issue a warrant for the parolee's arrest.

(c) Upon the issuance of an arrest warrant for a parolee who has
been classified within the highest control or risk classification,
the assigned parole officer shall continue to carry the parolee on
his or her regular caseload and shall continue to search for the
parolee's whereabouts.
(d) With regard to any inmate subject to this section, the
Department of Corrections shall release an inmate sentenced prior to
the effective date of this section one or two days before his or her
scheduled release date if the inmate's release date falls on the day
before a holiday or weekend.
(e) With regard to any inmate subject to this section, the
Department of Corrections shall release an inmate one or two days
after his or her scheduled release date if the release date falls on
the day before a holiday or weekend. This subdivision shall not
apply to an inmate sentenced prior to the effective date of this
section.



3060.9. (a) The Department of Corrections and Rehabilitation is
hereby authorized to expand the use of parole programs or services to
improve the rehabilitation of parolees, reduce recidivism, reduce
prison overcrowding, and improve public safety through the following:

(1) The use of intermediate sanctions for offenders who commit a
violation of parole.
(2) The use of parole programs or services, in addition to
supervision, for any offender who is in need of services to reduce
the parolee's likelihood to reoffend.
(b) For purposes of this section, the expansion of parole programs
or services may include, but shall not be limited to, the following:

(1) Counseling.
(2) Electronic monitoring.
(3) Halfway house services.
(4) Home detention.
(5) Intensive supervision.
(6) Mandatory community service assignments.
(7) Increased drug testing.
(8) Participation in one or more components of the Preventing
Parolee Crime Program pursuant to Section 3068.
(9) Rehabilitation programs, such as substance abuse treatment.
(10) Restitution.
(c) As used in this section:
(1) "Department" means the Department of Corrections and
Rehabilitation.
(2) "Parole authority" means the Board of Parole Hearings.
(d) The department or the parole authority may assign the programs
or services specified in subdivision (b) to offenders who meet the
criteria of paragraph (1) or (2). This section shall not alter the
existing discretion of the parole authority regarding the reporting
by the department of parole violations or conditions of parole. In
exercising its authority pursuant to paragraphs (2) and (3) of
subdivision (e) and subdivision (f), the parole authority or the
department in exercising its authority pursuant to paragraph (1) of
subdivision (e) may determine an individual parolee's eligibility for
parole programs or services by considering the totality of the
circumstances including, but not limited to, the instant violation
offense, the history of parole adjustment, current commitment
offense, the risk needs assessment of the offender, and prior
criminal history, with public safety and offender accountability as
primary considerations.
(e) (1) Subject to the provisions of this section, the parole
authority, in the absence of a new conviction and commitment of the
parolee to the state prison under other provisions of law, may assign
a parolee who violates a condition of his or her parole to parole
programs or services in lieu of revocation of parole.
(2) In addition to the alternatives provided in this section, the
parole authority may, as an alternative to ordering a revoked parolee
returned to custody, suspend the period of revocation pending the
parolee's successful completion of parole programs or services
assigned by the parole authority.
(3) The department shall not establish a special condition of
parole, assigning a parolee to parole programs or services in lieu of
initiating revocation proceedings, if the department reasonably
believes that the violation of the condition of parole involves
commission of a serious felony, as defined in subdivision (c) of
Section 1192.7, or a violent felony, as defined in subdivision (c) of
Section 667.5, or involves the control or use of a firearm.
(f) A special condition of parole imposed pursuant to this section
to participate in residential programs shall not be established
without a hearing by the parole authority in accordance with Section
3068 and regulations of the parole authority. A special condition of
parole providing an assignment to a parole program or service that
does not consist of a residential component may be established
without a hearing.
(g) Expansion of parole programs or services pursuant to this
section by the department is subject to the appropriation of funding
for this purpose as provided in the Budget Act of 2007, and
subsequent budget acts.
(h) The department, in consultation with the Legislative Analyst's
Office, shall, contingent upon funding, conduct an evaluation
regarding the effect of parole programs or services on public safety,
parolee recidivism, and prison and parole costs and report the
results to the Legislature three years after funding is provided
pursuant to subdivision (g). Until that date, the department shall
report annually to the Legislature, beginning January 1, 2009,
regarding the status of the expansion of parole programs or services
and the number of offenders assigned and participating in parole
programs or services in the preceding fiscal year.



3061. It is hereby made the duty of all peace officers to execute
any such order in like manner as ordinary criminal process.



3062. The Governor of the state shall have like power to revoke the
parole of any prisoner. The written authority of the Governor shall
likewise be sufficient to authorize any peace officer to retake and
return any prisoner to the state prison. The Governor's written
order revoking the parole shall have the same force and effect and be
executed in like manner as the order of the parole authority.




3063. No parole shall be suspended or revoked without cause, which
cause must be stated in the order suspending or revoking the parole.



3063.1. (a) Notwithstanding any other provision of law, and except
as provided in subdivision (d), parole may not be suspended or
revoked for commission of a nonviolent drug possession offense or for
violating any drug-related condition of parole.
As an additional condition of parole for all such offenses or
violations, the Parole Authority shall require participation in and
completion of an appropriate drug treatment program. Vocational
training, family counseling and literacy training may be imposed as
additional parole conditions.
The Parole Authority may require any person on parole who commits
a nonviolent drug possession offense or violates any drug-related
condition of parole, and who is reasonably able to do so, to
contribute to the cost of his or her own placement in a drug
treatment program.
(b) Subdivision (a) does not apply to:
(1) Any parolee who has been convicted of one or more serious or
violent felonies in violation of subdivision (c) of Section 667.5 or
Section 1192.7.
(2) Any parolee who, while on parole, commits one or more
nonviolent drug possession offenses and is found to have concurrently
committed a misdemeanor not related to the use of drugs or any
felony.
(3) Any parolee who refuses drug treatment as a condition of
parole.
(c) Within seven days of a finding that the parolee has either
committed a nonviolent drug possession offense or violated any
drug-related condition of parole, the Department of Corrections and
Rehabilitation, Division of Adult Parole Operations shall notify the
treatment provider designated to provide drug treatment under
subdivision (a). Within 30 days thereafter the treatment provider
shall prepare an individualized drug treatment plan and forward it to
the Parole Authority and to the California Department of Corrections
and Rehabilitation, Division of Adult Parole Operations agent
responsible for supervising the parolee. On a quarterly basis after
the parolee begins drug treatment, the treatment provider shall
prepare and forward a progress report on the individual parolee to
these entities and individuals.
(1) If at any point during the course of drug treatment the
treatment provider notifies the Department of Corrections and
Rehabilitation, Division of Adult Parole Operations that the parolee
is unamenable to the drug treatment provided, but amenable to other
drug treatments or related programs, the Department of Corrections
and Rehabilitation, Division of Adult Parole Operations may act to
modify the terms of parole to ensure that the parolee receives the
alternative drug treatment or program.
(2) If at any point during the course of drug treatment the
treatment provider notifies the Department of Corrections and
Rehabilitation, Division of Adult Parole Operations that the parolee
is unamenable to the drug treatment provided and all other forms of
drug treatment provided pursuant to subdivision (b) of Section 1210
and the amenability factors described in subparagraph (B) of
paragraph (3) of subdivision (e) of Section 1210.1, the Department of
Corrections and Rehabilitation, Division of Adult Parole Operations
may act to revoke parole. At the revocation hearing, parole may be
revoked if it is proved that the parolee is unamenable to all drug
treatment.
(3) Drug treatment services provided by subdivision (a) as a
required condition of parole may not exceed 12 months, unless the
Department of Corrections and Rehabilitation, Division of Adult
Parole Operations makes a finding supported by the record that the
continuation of treatment services beyond 12 months is necessary for
drug treatment to be successful. If that finding is made, the
Department of Corrections and Rehabilitation, Division of Adult
Parole Operations may order up to two six-month extensions of
treatment services. The provision of treatment services under this
act shall not exceed 24 months.
(d) (1) If parole is revoked pursuant to the provisions of this
subdivision, the defendant may be incarcerated pursuant to otherwise
applicable law without regard to the provisions of this section.
Parole shall be revoked if the parole violation is proved and a
preponderance of the evidence establishes that the parolee poses a
danger to the safety of others.
(2) If a parolee receives drug treatment under subdivision (a),
and during the course of drug treatment violates parole either by
committing an offense other than a nonviolent drug possession
offense, or by violating a non-drug-related condition of parole, and
the Department of Corrections and Rehabilitation, Division of Adult
Parole Operations acts to revoke parole, a hearing shall be conducted
to determine whether parole shall be revoked.
Parole may be modified or revoked if the parole violation is
proved.
(3) (A) If a parolee receives drug treatment under subdivision
(a), and during the course of drug treatment violates parole either
by committing a nonviolent drug possession offense, or a misdemeanor
for simple possession or use of drugs or drug paraphernalia, being
present where drugs are used, or failure to register as a drug
offender, or any activity similar to those listed in subdivision (d)
of Section 1210, or by violating a drug-related condition of parole,
and the Department of Corrections and Rehabilitation, Division of
Adult Parole Operations acts to revoke parole, a hearing shall be
conducted to determine whether parole shall be revoked. Parole shall
be revoked if the parole violation is proved and a preponderance of
the evidence establishes that the parolee poses a danger to the
safety of others. If parole is not revoked, the conditions of parole
may be intensified to achieve the goals of drug treatment.
(B) If a parolee receives drug treatment under subdivision (a),
and during the course of drug treatment for the second time violates
that parole either by committing a nonviolent drug possession
offense, or by violating a drug-related condition of parole, and the
Department of Corrections and Rehabilitation, Division of Adult
Parole Operations acts for a second time to revoke parole, a hearing
shall be conducted to determine whether parole shall be revoked. If
the alleged parole violation is proved, the parolee is not eligible
for continued parole under any provision of this section and may be
reincarcerated.
(C) If a parolee already on parole at the effective date of this
act violates that parole either by committing a nonviolent drug
possession offense, or a misdemeanor for simple possession or use of
drugs or drug paraphernalia, being present where drugs are used, or
failure to register as a drug offender, or any activity similar to
those listed in paragraph (1) of subdivision (d) of Section 1210, or
by violating a drug-related condition of parole, and the Department
of Corrections and Rehabilitation, Division of Adult Parole
Operations acts to revoke parole, a hearing shall be conducted to
determine whether parole shall be revoked. Parole shall be revoked if
the parole violation is proved and a preponderance of the evidence
establishes that the parolee poses a danger to the safety of others.
If parole is not revoked, the conditions of parole may be modified to
include participation in a drug treatment program as provided in
subdivision (a). This paragraph does not apply to any parolee who at
the effective date of this act has been convicted of one or more
serious or violent felonies in violation of subdivision (c) of
Section 667.5 or Section 1192.7.
(D) If a parolee already on parole at the effective date of this
act violates that parole for the second time either by committing a
nonviolent drug possession offense, or by violating a drug-related
condition of parole, and the parole authority acts for a second time
to revoke parole, a hearing shall be conducted to determine whether
parole shall be revoked. If the alleged parole violation is proved,
the parolee may be reincarcerated or the conditions of parole may be
intensified to achieve the goals of drug treatment.
(e) The term "drug-related condition of parole" shall include a
parolee's specific drug treatment regimen, and, if ordered by the
Department of Corrections and Rehabilitation, Division of Adult
Parole Operations pursuant to this section, employment, vocational
training, educational programs, psychological counseling, and family
counseling.



3063.2. In a case where a parolee had been ordered to undergo drug
treatment as a condition of parole pursuant to Section 3063.1, any
drug testing of the parolee shall be used as a treatment tool. In
evaluating a parolee's treatment program, results of any drug testing
shall be given no greater weight than any other aspects of the
parolee's individual treatment program.



3063.5. In parole revocation or revocation extension proceedings, a
parolee or his or her attorney shall receive a copy of any police,
arrest, and crime reports, criminal history information, and child
abuse reports made pursuant to Sections 11166 and 11166.2 pertaining
to those proceedings. Portions of those reports containing
confidential information need not be disclosed if the parolee or his
or her attorney has been notified that confidential information has
not been disclosed. Portions of child abuse reports made pursuant to
Sections 11166 and 11166.2 containing identifying information
relating to the reporter shall not be disclosed. However, the parolee
or his or her attorney shall be notified that information relating
to the identity of the reporter has not been disclosed.



3063.6. Parole revocation proceedings and parole revocation
extension proceedings may be conducted by a panel of one person.



3064. From and after the suspension or revocation of the parole of
any prisoner and until his return to custody he is an escapee and
fugitive from justice and no part of the time during which he is an
escapee and fugitive from justice shall be part of his term.



3065. Except as otherwise provided in Section 1170.2 and Article 1
(commencing with Section 3000) of this chapter, the provisions of
this article are to apply to all prisoners serving sentence in the
state prisons on July 1, 1977, to the end that at all times the same
provisions relating to sentence, imprisonments and paroles of
prisoners shall apply to all the inmates thereof.



3066. Notwithstanding Section 11425.10 of the Government Code,
Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3
of Title 2 of the Government Code does not apply to a parole hearing
or other adjudication concerning rights of an inmate or parolee
conducted by the Department of Corrections or the Board of Prison
Terms.



3067. (a) Any inmate who is eligible for release on parole pursuant
to this chapter shall agree in writing to be subject to search or
seizure by a parole officer or other peace officer at any time of the
day or night, with or without a search warrant and with or without
cause.
(b) Any inmate who does not comply with the provision of
subdivision (a) shall lose worktime credit earned pursuant to Article
2.5 (commencing with Section 2930) of Chapter 7 on a day-for-day
basis and shall not be released until he or she either complies with
the provision of subdivision (a) or has no remaining worktime credit,
whichever occurs earlier.
(c) This section shall only apply to an inmate who is eligible for
release on parole for an offense committed on or after January 1,
1997.
(d) It is not the intent of the Legislature to authorize law
enforcement officers to conduct searches for the sole purpose of
harassment.
(e) This section does not affect the power of the Director of
Corrections to prescribe and amend rules and regulations pursuant to
Section 5058.



3068. (a) The Department of Corrections shall operate the
Preventing Parolee Crime Program with various components, including,
at a minimum, residential and nonresidential multiservice centers,
literacy labs, drug treatment networks, and job placement assistance
for parolees.
(b) The Department of Corrections shall, commencing in the 1998-99
fiscal year, initiate an expansion of the program to parole units
now lacking some or all of the elements of the program, where doing
so would be cost-effective, as determined by the Director of
Corrections, to the extent that funding for the expansion becomes
available.
(c) In addition to the assignment by the Department of Corrections
of any other parolee to the Preventing Parolee Crime Program, the
parole authority may assign a conditionally released or paroled
prisoner to the Preventing Parolee Crime Program in lieu of the
revocation of parole. The parole authority shall not assign a
conditionally released or paroled prisoner to the Preventing Parolee
Crime Program in lieu of the revocation of parole if the person has
committed a parole violation involving a violent or serious felony.
A special condition of parole that requires the parolee to
participate in a live-in program shall not be imposed without a
hearing by the Board of Prison Terms.
(d) (1) The Department of Corrections, in consultation with the
Board of Prison Terms and the Legislative Analyst's office, shall,
contingent upon funding, contract with an independent consultant to
conduct an evaluation regarding the impact of an expansion of the
Preventing Parolee Crime Program to additional parole units on public
safety, parolee recidivism, and prison and parole costs, and report
the results to the Legislature on or before January 1, 2004.
(2) The Department of Corrections shall sample several parole
units in which the program has been added to examine the program's
impact upon the supervision, control, and sanction of parolees under
the jurisdiction of the sampled parole units. These results shall be
compared with a control group of comparable parole populations that
do not have Preventing Parolee Crime Program services.
(3) The report, whether in final or draft form, and all working
papers and data, shall be available for immediate review upon request
by the Legislative Analyst.
(4) The department in consultation with the Board of Prison Terms
shall submit a multiyear evaluation plan for the program to the
Legislature six months after an appropriation is made for the
evaluation provided for in paragraph (1).



3069. (a) The Department of Corrections and Rehabilitation is
hereby authorized to create the Parole Violation Intermediate
Sanctions (PVIS) program. The purpose of the program shall be to
improve the rehabilitation of parolees, reduce recidivism, reduce
prison overcrowding, and improve public safety through the use of
intermediate sanctions for offenders who violate parole. The PVIS
program will allow the department to provide parole agents an early
opportunity to intervene with parolees who are not in compliance with
the conditions of parole and facing return to prison. The program
will include key components used by drug and collaborative courts
under a highly structured model, including close supervision and
monitoring by a hearing officer, dedicated calendars, nonadversarial
proceedings, frequent appearances before the hearing officer,
utilization of incentives and sanctions, frequent drug and alcohol
testing, immediate entry into treatment and rehabilitation programs,
and close collaboration between the program, parole, and treatment to
improve offender outcomes. The program shall be local and community
based.
(b) As used in this section:
(1) "Department" means the Department of Corrections and
Rehabilitation.
(2) "Parole authority" means the Board of Parole Hearings.
(3) "Program" means the Parole Violation Intermediate Sanctions
program.
(c) (1) A parolee who is deemed eligible by the department to
participate in this program, and who would otherwise be referred to
the parole authority to have his or her parole revoked for a parole
violation shall be referred by his or her parole officer for
participation in the program in lieu of parole revocation.
(2) If the alleged violation of parole involves the commission of
a serious felony, as defined in subdivision (c) of Section 1192.7, or
a violent felony, as defined in subdivision (c) of Section 667.5, or
involves the control or use of a firearm, the parolee shall not be
eligible for referral to the program in lieu of revocation of parole.

(d) The department is authorized to establish local PVIS programs.
Each local program may have, but shall not be limited to, the
following characteristics:
(1) An assigned hearing officer who is a retired superior court
judge or commissioner and who is experienced in using the drug court
model and collaborative court model.
(2) The use of a dedicated calendar.
(3) Close coordination between the hearing officer, department,
counsel, community treatment and rehabilitation programs
participating in the program and adherence to a team approach in
working with parolees.
(4) Enhanced accountability through the use of frequent program
appearances by parolees in the program, at least one per month, with
more frequent appearances in the time period immediately following
the initial referral to the program and thereafter in the discretion
of the hearing officer.
(5) Reviews of progress by the parolee as to his or her treatment
and rehabilitation plan and abstinence from the use of drugs and
alcohol through progress reports provided by the parole agent as well
as all treatment and rehabilitation providers.
(6) Mandatory frequent drug and alcohol testing.
(7) Graduated in-custody sanctions may be imposed after a hearing
in which it is found the parolee failed treatment and rehabilitation
programs or continued in the use of drugs or alcohol while in the
program.
(8) A problemsolving focus and team approach to decisionmaking.
(9) Direct interaction between the parolee and the hearing
officer.
(10) Accessibility of the hearing officer to parole agents and
parole employees as well as treatment and rehabilitation providers.
(e) Upon successful completion of the program, the parolee shall
continue on parole, or be granted other relief as shall be determined
in the sole discretion of the department or as authorized by law.
(f) The department is authorized to develop the programs. The
parole authority is directed to convene in each county where the
programs are selected to be established, all local stakeholders,
including, but not limited to, a retired superior court judge or
commissioner, designated by the Administrative Office of the Courts,
who shall be compensated by the department at the present rate of pay
for retired judges and commissioners, local parole agents and other
parole employees, the district attorney, the public defender, an
attorney actively representing parolees in the county and a private
defense attorney designated by the public defenders association, the
county director of alcohol and drug services, behavioral health,
mental health, and any other local stakeholders deemed appropriate.
Specifically, persons directly involved in the areas of substance
abuse treatment, cognitive skills development, education, life
skills, vocational training and support, victim impact awareness,
anger management, family reunification, counseling, residential care,
placement in affordable housing, employment development and
placement are encouraged to be included in the meeting.
(g) The department, in consultation with local stakeholders, shall
develop a plan that is consistent with this section. The plan shall
address at a minimum the following components:
(1) The method by which each parolee eligible for the program
shall be referred to the program.
(2) The method by which each parolee is to be individually
assessed as to his or her treatment and rehabilitative needs and
level of community and court monitoring required, participation of
counsel, and the development of a treatment and rehabilitation plan
for each parolee.
(3) The specific treatment and rehabilitation programs that will
be made available to the parolees and the process to ensure that they
receive the appropriate level of treatment and rehabilitative
services.
(4) The criteria for continuing participation in, and successful
completion of, the program, as well as the criteria for termination
from the program and return to the parole revocation process.
(5) The development of a program team, as well as a plan for
ongoing training in utilizing the drug court and collaborative court
nonadversarial model.
(h) (1) If a parolee is referred to the program by his or her
parole agent, as specified in this section, the hearing officer in
charge of the local program to which the parolee is referred shall
determine whether the parolee will be admitted to the program.
(2) A parolee may be excluded from admission to the program if the
hearing officer determines that the parolee poses a risk to the
community or would not benefit from the program. The hearing officer
may consider the history of the offender, the nature of the
committing offense, and the nature of the violation. The hearing
officer shall state its findings, and the reasons for those findings,
on the record.
(3) If the hearing officer agrees to admit the parolee into the
program, any pending parole revocation proceedings shall be suspended
contingent upon successful completion of the program as determined
by the program hearing officer.
(i) A special condition of parole imposed as a condition of
admission into the program consisting of a residential program shall
not be established without a hearing in front of the hearing officer
in accordance with Section 3068 and regulations of the parole
authority. A special condition of parole providing an admission to
the program that does not consist of a residential component may be
established without a hearing.
(j) Implementation of this section by the department is subject to
the appropriation of funding for this purpose as provided in the
Budget Act of 2008, and subsequent budget acts.



3069.5. (a) The department, in consultation with the Legislative
Analyst's Office, shall, contingent upon funding, conduct an
evaluation of the PVIS program.
(b) A final report shall be due to the Legislature three years
after funding is provided pursuant to subdivision (h) of Section
3069. Until that date, the department shall report annually to the
Legislature, beginning January 1, 2009, regarding the status of
implementation of the PVIS program and the number of offenders
assigned and participating in the program in the preceding fiscal
year.


3070. The Department of Corrections shall develop and report,
utilizing existing resources, to the Legislature by December 31,
2000, a plan that would ensure by January 1, 2005, that all prisoners
and parolees who are substance abusers receive appropriate
treatment, including therapeutic community and academic programs.
The plan shall include a range of options, estimated capital outlay
and operating costs for the various options, and a recommended
prioritization, including which persons shall receive priority for
treatment, for phased implementation of the plan.



3071. The Department of Corrections shall implement, by January 1,
2002, a course of instruction for the training of parole officers in
California in the management of parolees who were convicted of
stalking pursuant to Section 646.9. The course shall include
instruction in the appropriate protocol for notifying and interacting
with stalking victims, especially in regard to a stalking offender's
release from parole.



3072. (a) The Department of Corrections and Rehabilitation, subject
to the legislative appropriation of the necessary funds, may
establish and operate, after January 1, 2007, a specialized ***
offender treatment pilot program for inmates whom the department
determines pose a high risk to the public of committing violent ***
crimes.
(b) (1) The program shall be based upon the relapse prevention
model and shall include referral to specialized services, such as
substance abuse treatment, for offenders needing those specialized
services.
(2) Except as otherwise required under Section 645, the department
may provide medication treatments for selected offenders, as
determined by medical protocols, and only on a voluntary basis and
with the offender's informed consent.
(c) (1) The program shall be targeted primarily at adult ***
offenders who meet the following conditions:
(A) The offender is within five years of being released on parole.
An inmate serving a life term may be excluded from treatment until
he or she receives a parole date and is within five years of that
parole date, unless the department determines that the treatment is
necessary for the public safety.
(B) The offender has been clinically assessed.
(C) A review of the offender's criminal history indicates that the
offender poses a high risk of committing new *** offenses upon his
or her release on parole.
(D) Based upon the clinical assessment, the offender may be
amenable to treatment.
(2) The department may include other appropriate offenders in the
treatment program if doing so facilitates the effectiveness of the
treatment program.
(3) Notwithstanding any other provision of law, inmates who are
condemned to death or sentenced to life without the possibility of
parole are ineligible to participate in treatment.
(d) The program under this section shall be established with the
assistance and supervision of the staff of the department primarily
by obtaining the services of specially trained *** offender treatment
providers, as determined by the secretary of the department and the
Director of the Department of Mental Health.
(e) (1) The program under this section, upon full implementation,
shall provide for the treatment of inmates who are deemed to pose a
high risk to the public of committing *** crimes, as determined by
the State-Authorized Risk Assessment Tool for *** Offenders, pursuant
to Sections 290.04 to 290.06, inclusive.
(2) To the maximum extent that is practical and feasible,
offenders participating in the treatment program shall be held in a
separate area of the prison facility, segregated from any non-***
offenders held at the same prison, and treatment in the pilot program
shall be provided in program space segregated, to the maximum extent
that is practical and feasible, from program space for any non-***
offenders held at the same prison.
(f) (1) The Department of Mental Health, by January 1, 2012, shall
provide a report evaluating the program to the fiscal and public
safety policy committees of both houses of the Legislature, and to
the Joint Legislative Budget Committee.
(2) The report shall initially evaluate whether the program under
this section is operating effectively, is having a positive clinical
effect on participating *** offenders, and is cost effective for the
state.
(3) In conducting its evaluation, the Department of Mental Health
shall consider the effects of treatment of offenders while in prison
and while subsequently on parole.
(4) The Department of Mental Health shall advise the Legislature
as to whether the program should be continued past its expiration
date, expanded, or concluded.



3073. The Department of Corrections and Rehabilitation is hereby
authorized to obtain day treatment, and to contract for crisis care
services, for parolees with mental health problems. Day treatment and
crisis care services should be designed to reduce parolee recidivism
and the chances that a parolee will return to prison. The department
shall work with counties to obtain day treatment and crisis care
services for parolees with the goal of extending the services upon
completion of the offender's period of parole, if needed.

[هيثم الفقى]

3074. The Legislature finds and declares that the period
immediately following incarceration is critical to successful
reintegration of the offender into society and to positive
citizenship. It is in the interest of public safety for a county to
provide for the supervision of parolees, and to provide educational,
vocational, family and personal counseling necessary to assist
parolees in the transition between imprisonment and discharge.



3075. (a) There is in each county a board of parole commissioners,
consisting of each of the following:
(1) The sheriff, or his or her designee, or, in a county with a
department of corrections, the director of that department.
(2) The probation officer, or his or her designee.
(3) A member, not a public official, to be selected from the
public by the presiding judge of the superior court.
(b) The public member of the county board of parole commissioners
or his or her alternate shall be entitled to his or her actual
traveling and other necessary expenses incurred in the discharge of
his or her duties. In addition, the public member or his or her
alternate shall be entitled to per diem at any rate that may be
provided by the board of supervisors. The public member or his or
her alternate shall hold office for a term of one year and in no
event for a period exceeding three consecutive years. The term shall
commence on the date of appointment.



3076. (a) The board may make, establish and enforce rules and
regulations adopted under this article.
(b) The board shall act at regularly called meetings at which
two-thirds of the members are present, and shall make and establish
rules and regulations in writing stating the reasons therefor under
which any prisoner who is confined in or committed to any county
jail, work furlough facility, industrial farm, or industrial road
camp, or in any city jail, work furlough facility, industrial farm,
or industrial road camp under a judgment of imprisonment or as a
condition of probation for any criminal offense, unless the court at
the time of committing has ordered that such prisoner confined as a
condition of probation upon conviction of a felony not be granted
parole, may be allowed to go upon parole outside of such jail, work
furlough facility, industrial farm, or industrial road camp, but to
remain, while on parole, in the legal custody and under the control
of the board establishing the rules and regulations for the prisoner'
s parole, and subject at any time to be taken back within the
enclosure of any such jail, work furlough facility, industrial farm,
or industrial road camp.
(c) The board shall provide a complete copy of its written rules
and regulations and reasons therefor and any amendments thereto to
each of the judges of the superior court of the county.
The board shall provide to the persons in charge of the county's
correctional facilities a copy of the sections of its written rules
and regulations and any amendments thereto which govern eligibility
for parole, and the name and telephone number of the person or agency
to contact for additional information. Such rules and regulations
governing eligibility either shall be conspicuously posted and
maintained within each county correctional facility so that all
prisoners have access to a copy, or shall be given to each prisoner.




3077. Whenever a prisoner is sentenced in one county and
incarcerated in another county, only the county in which he was
sentenced shall have jurisdiction to grant parole.



3078. (a) The board shall notify the sentencing judge of an inmate'
s application for parole.
(b) The sentencing judge may make a recommendation regarding such
application, and the board shall give careful consideration to such
recommendation.



3079. (a) No application for parole shall be granted or denied
except by a vote of the board at a meeting at which a quorum of its
members are present. This paragraph shall not be applied to the
denial of applicants who are ineligible by order of the superior
court, or to the granting of parole in emergency situations.
(b) An applicant shall be permitted to appear and speak on his
behalf at the meeting at which his application is considered by the
board.


3080. If any paroled prisoner leaves the county in which he is
imprisoned without permission from the board granting his parole, he
shall be arrested as an escaped prisoner and held as such.



3081. (a) Each county board may retake and imprison any prisoner
upon parole granted under the provisions of this article.
(b) Each county board may release any prisoner on parole for a
term not to exceed two years upon those conditions and under those
rules and regulations as may seem fit and proper for his or her
rehabilitation, and should the prisoner so paroled violate any of the
conditions of his or her parole or any of the rules and regulations
governing his or her parole, he or she shall, upon order of the
parole commission, be returned to the jail from which he or she was
paroled and be confined therein for the unserved portion of his or
her sentence.
(c) The written order of each county board shall be a sufficient
warrant for all officers named therein to authorize them, or any of
them, to return to actual custody any conditionally released or
paroled prisoner. All chiefs of police, marshals of cities,
sheriffs, and all other police and peace officers of this state shall
execute any such order in like manner as ordinary criminal process.

(d) In computing the unserved sentence of a person returned to
jail because of the revocation of his or her parole no credit shall
be granted for the time between his or her release from jail on
parole and his or her return to jail because of the revocation of his
or her parole.



3082. Each county board may make and establish written rules and
regulations for the unconditional release of and may unconditionally
release any prisoner who is an alien and who voluntarily consents to
return or to be returned to his native land and who actually returns
or is returned thereto. The necessary expenses of the transportation
of such alien prisoner and officers or attendants in charge of such
prisoner, may be paid by the county, upon order of the board of
supervisors authorizing or ratifying the return of the prisoner at
the expense of the county.



3083. Whenever the board designates deputies to serve as temporary
commissioners in considering applications for parole of prisoners,
such temporary commissioners or deputies may also exercise all the
powers granted by this article relative to the unconditional release
of alien prisoners.


3084. Each county board may release to the State Department of
Corrections for return to a state prison or correctional institution
any county or city jail inmate who is a state parole violator, when
notified by the Board of Prison Terms.




3085. The members of the board may for the purpose of considering
applications for parole of prisoners from city or county jails, or
industrial farms, or work furlough facilities, or industrial road
camps, designate deputies of their respective offices to serve for
them as temporary commissioners when they are unable to serve.




3086. Each county board shall not require, when setting terms or
discharge dates, an admission of guilt to any crime for which an
inmate was committed.


3087. No prisoner shall be paroled without supervision.



3088. A prisoner who is released on parole pursuant to this article
shall be supervised by a county parole officer of the county board
of parole commissioners.



3089. (a) A county parole officer who is not a peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, is a public officer who works at the direction of the County
Board of Parole Commissioners, as provided for in Section 3075, and
is responsible for supervising prisoners released on parole by the
board.
(b) A county parole officer who is a public officer, as defined in
subdivision (a), shall have no right to carry or possess firearms in
the performance of his or her prescribed duties.
(c) A county parole officer, as defined in subdivision (a), shall
comply with the standards for selection and training established by
the Board of Corrections pursuant to Section 6035.

PRISON TO EMPLOYMENT

3105. The Department of Corrections and Rehabilitation shall
develop an Inmate Treatment and Prison-to-Employment Plan. The plan
should evaluate and recommend changes to the Governor and the
Legislature regarding current inmate education, treatment, and
rehabilitation programs to determine whether the programs provide
sufficient skills to inmates that will likely result in their
successful employment in the community, and reduce their chances of
returning to prison after release to parole. The department shall
report the status of the development of the plan on or before October
1, 2007, again on or before January 15, 2008, and shall submit the
final plan by April 1, 2008. The department may use resources of
other state or local agencies, academic institutions, and other
research organizations as necessary to develop the plan.

IMPRISONMENT OF FEMALE PRISONERS IN STATE
INSTITUTIONS

ESTABLISHMENT OF INSTITUTION FOR WOMEN

3200. There is and shall continue to be within the State an
institution for the punishment, treatment, supervision, custody and
care of females convicted of felonies to be known as "The California
Institution for Women."


3201. The purpose of said institution shall be to provide custody,
care, protection, industrial, vocational, and other training, and
reformatory help, for women confined therein.



3202. As used in the sections of this Part 3 of the Penal Code
providing for penal offenses and punishments therefor, the term
"State prison" or "prison" shall refer to and include the California
Institution for Women.

ADMINISTRATION OF INSTITUTION
Administration of Institution for Women
3325. The warden described in this chapter shall, subject to the
control of the director, have those powers, perform those duties and
exercise those functions, respecting females convicted of felonies,
as the wardens now exercise over male prisoners.



3326. The department is authorized to provide the necessary
facilities, equipment, and personnel to operate a commissary at any
institution under its jurisdiction for the sale of toilet articles,
candy, gum, notions, and other sundries.

PRISONERS



3400. Upon the commitment or transfer of any woman to the
institution it shall be the duty of the officer having custody of her
or required to take custody of her, to deliver her to said
institution, receiving therefor the fees payable for the
transportation of prisoners to the state prisons. Such officer shall
at the same time deliver to said institution a certified abstract of
the judgment of conviction and of the order of commitment or order
of transfer. Every woman so committed or transferred under this act
shall be accompanied by a woman attendant from the place of
commitment or transfer until delivered to said institution.




3402. There shall be kept at said institution a record of the
history and progress of every woman confined therein during the
period of her confinement, and so far as practically possible, prior
and subsequent thereto, and all judges, courts, officials and
employees, district attorneys, sheriffs, chiefs of police and peace
officers, shall furnish said institution with all data in their
possession or knowledge relative to any inmate that said institution
may request. If upon the arrest of any woman it be discovered that
she was theretofore an inmate of said institution, the institution
shall be promptly notified of her arrest.


3403. Every woman upon being committed to said institution shall be
examined mentally and physically, and shall be given the care,
treatment and training adapted to her particular condition. Such
care, treatment and training shall be along the lines best suited to
develop her mentality, character and industrial capacity; provided,
however, no inmate shall be confined longer than the term of her
commitment.



3404. When there is any reasonable grounds to believe that a
prisoner may be forcibly removed from the California Institution for
Women, the warden shall report the fact to the Governor, who may
order the removal of the prisoner to any California State prison for
safekeeping, and it is hereby made the duty of the warden of the
prison to accept and detain the prisoner for the further execution of
her sentence. The Governor may thereafter order the prisoner
returned to the California Institution for Women for the further
execution of her sentence according to law.
The necessary costs and expenses incurred in carrying out the
provisions of this section shall be a proper charge against any fund
hereafter appropriated as an emergency fund, or similar appropriation
for contingencies, notwithstanding any limitations or restrictions
that may be imposed upon the expenditure of any appropriation.



3405. No condition or restriction upon the obtaining of an abortion
by a prisoner, pursuant to the Therapeutic Abortion Act (Article 2
(commencing with Section 123400) of Chapter 2 of Part 2 of Division
106 of the Health and Safety Code), other than those contained in
that act, shall be imposed. Prisoners found to be pregnant and
desiring abortions, shall be permitted to determine their eligibility
for an abortion pursuant to law, and if determined to be eligible,
shall be permitted to obtain an abortion.
The rights provided for females by this section shall be posted in
at least one conspicuous place to which all female prisoners have
access.



3406. Any female prisoner shall have the right to summon and
receive the services of any physician and surgeon of her choice in
order to determine whether she is pregnant. The warden may adopt
reasonable rules and regulations with regard to the conduct of
examinations to effectuate this determination.
If the prisoner is found to be pregnant, she is entitled to a
determination of the extent of the medical services needed by her and
to the receipt of these services from the physician and surgeon of
her choice. Any expenses occasioned by the services of a physician
and surgeon whose services are not provided by the institution shall
be borne by the prisoner.
Any physician providing services pursuant to this section shall
possess a current, valid, and unrevoked certificate to engage in the
practice of medicine issued pursuant to Chapter 5 (commencing with
Section 2000) of Division 2 of the Business and Professions Code.
The rights provided for prisoners by this section shall be posted
in at least one conspicuous place to which all female prisoners have
access.


3409. (a) Any woman inmate shall upon her request be allowed to
continue to use materials necessary for (1) personal hygiene with
regard to her menstrual cycle and reproductive system and (2) birth
control measures as prescribed by her physician.
(b) Each and every woman inmate shall be furnished by the
department with information and education regarding the availability
of family planning services.
(c) Family planning services shall be offered to each and every
woman inmate at least 60 days prior to a scheduled release date.
Upon request any woman inmate shall be furnished by the department
with the services of a licensed physician or she shall be furnished
by the department or by any other agency which contracts with the
department with services necessary to meet her family planning needs
at the time of her release.

COMMUNITY TREATMENT PROGRAMS


3410. The term "community" shall, for the purposes of this chapter,
mean an environment away from the prison setting which is in an
urban or suburban area.


3411. The Department of Corrections shall on or before January 1,
1980, establish and implement a community treatment program under
which women inmates sentenced to state prison pursuant to Section
1168 or 1170 who have one or more children under the age of six
years, whether born prior to or after January 1, 1976, shall be
eligible to participate within the provisions of this section. The
community treatment program shall provide for the release of the
mother and child or children to a public or private facility in the
community suitable to the needs of the mother and child or children,
and which will provide the best possible care for the mother and
child. In establishing and operating such program, the department
shall have as a prime concern the establishment of a safe and
wholesome environment for the participating children.



3412. (a) The Department of Corrections shall provide pediatric
care consistent with medical standards and, to the extent feasible,
shall be guided by the need to provide the following:
(1) A stable, caregiving, stimulating environment for the children
as developed and supervised by professional guidance in the area of
child development.
(2) Programs geared to assure the stability of the parent-child
relationship during and after participation in the program, to be
developed and supervised by appropriate professional guidance. These
programs shall, at a minimum, be geared to accomplish the following:

(A) The mother's mental stability.
(B) The mother's familiarity with good parenting and housekeeping
skills.
(C) The mother's ability to function in the community, upon parole
or release, as a viable member.
(D) The securing of adequate housing arrangements after
participation in the program.
(E) The securing of adequate child care arrangements after
participation in the program.
(3) Utilization of the least restrictive alternative to
incarceration and restraint possible to achieve the objectives of
correction and of this chapter consistent with public safety and
justice.
(b) (1) The Department of Corrections shall ensure that the
children and mothers residing in a community treatment program have
access to, and are permitted by the community treatment program to
participate in, available local Head Start, Healthy Start, and
programs for early childhood development pursuant to the California
Children and Families Program (Division 108 (commencing with Section
130100) of the Health and Safety Code).
(2) The community treatment program shall provide each mother with
written information about the available local programs, including
the telephone numbers for enrolling a child in a program.
(3) The community treatment program shall also provide
transportation to program services and otherwise assist and
facilitate enrollment and participation for eligible children.
(4) Nothing in this subdivision shall be construed as granting or
requiring preferential access or enrollment for children of
incarcerated mothers to any of the programs specified in this
subdivision.



3413. In determining how to implement this chapter, the Department
of Corrections shall be guided by the need to utilize the most
cost-efficient methods possible. Therefore, 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, services as provided in
subdivisions (a) and (b) of Section 3412, and supervision for such
inmates as are eligible for placement in community treatment
programs. Prisoners in the care of such agencies shall be subject to
all provisions of law applicable to them.



3414. The department shall establish reasonable rules and
regulations concerning the operation of the program.



3415. (a) The probation department shall, no later than the day
that any woman is sentenced to the state prison, notify such woman of
the provisions of this chapter, if the term of the state
imprisonment does not exceed six years on the basis of either the
probable release or parole date computed as if the maximum amount of
good time credit would be granted. The probation department shall
determine such term of state imprisonment at such time for the
purposes of this section.
(b) The woman may, upon the receipt of such notice and upon
sentencing to a term in state prison, give notice of her desire to be
admitted to a program under this chapter. The probation department
or the defendant shall transmit such notice to the Department of
Corrections, and to the appropriate local social services agency that
conducts investigations for child neglect and dependency hearings.




3416. (a) If any woman received by or committed to the Department
of Corrections has a child under six years of age, or gives birth to
a child while an inmate under the jurisdiction of the Department of
Corrections, the child and his or her mother shall, upon her request,
be admitted to and retained in a community treatment program
established by the Department of Corrections, subject to the
provisions of this chapter.
(b) Women transferred to community treatment programs 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.




3417. (a) Subject to reasonable rules and regulations adopted
pursuant to Section 3414, the Department of Corrections shall admit
to the program any applicant whose child was born prior to the
receipt of the inmate by the department, whose child was born after
the receipt of the inmate by the department, or who is pregnant, if
all of the following requirements are met:
(1) The applicant has a probable release or parole date with a
maximum time to be served of six years, calculated after deduction of
any possible good time credit.
(2) The applicant was the primary caretaker of the infant prior to
incarceration. "Primary caretaker" as used in this chapter means a
parent who has consistently assumed responsibility for the housing,
health, and safety of the child prior to incarceration. A parent
who, in the best interests of the child, has arranged for temporary
care for the child in the home of a relative or other responsible
adult shall not for that reason be excluded from the category,
"primary caretaker."
(3) The applicant had not been found to be an unfit parent in any
court proceeding. An inmate applicant whose child has been declared
a dependent of the juvenile court pursuant to Section 300 of the
Welfare and Institutions Code shall be admitted to the program only
after the court has found that participation in the program is in the
child's best interest and that it meets the needs of the parent and
child pursuant to paragraph (3) of subdivision (e) of Section 361.5
of the Welfare and Institutions Code. The fact that an inmate
applicant's child has been found to come within Section 300 of the
Welfare and Institutions Code shall not, in and of itself, be grounds
for denying the applicant the opportunity to participate in the
program.
(b) The Department of Corrections shall deny placement in the
community treatment 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 or if
mitigating circumstances exist, including, but not limited to, the
remoteness in time of the commission of the offense:
(1) The inmate has been convicted of any of the following:
(A) A *** offense listed in Section 667.6.
(B) A *** offense requiring registration pursuant to Section 290.

(C) A violent offense listed in subdivision (c) of Section 667.5.

(D) Arson as defined in Sections 450 to 455, inclusive.
(E) The unlawful sale or possession for sale, manufacture, or
transportation of controlled substances as defined in Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code, if large scale for profit as defined by the department.

(2) There is probability the inmate may abscond from the program
as evidenced by any of the following:
(A) A conviction of escape, of aiding another person to escape, or
of an attempt to escape from a jail or prison.
(B) The presence of an active detainer from a law enforcement
agency, unless the detainer is based solely upon warrants issued for
failure to appear on misdemeanor Vehicle Code violations.
(3) It is probable the inmate's conduct in a community facility
will be adverse to herself or other participants in the program, as
determined by the Director of Corrections or as evidenced by any of
the following:
(A) The inmate's removal from a community program which resulted
from violation of state laws, rules, or regulations governing
Department of Corrections' inmates.
(B) A finding of the inmate's guilt of a serious rule violation,
as defined by the Director of Corrections, which resulted in a credit
loss on one occasion of 91 or more days or in a credit loss on more
than one occasion of 31 days or more and the credit has not been
restored.
(C) A current written opinion of a staff physician or psychiatrist
that the inmate's medical or psychiatric condition is likely to
cause an adverse effect upon the inmate or upon other persons if the
inmate is placed in the program.
(c) Nothing in this section shall be interpreted to limit the
discretion of the Director of Corrections to deny or approve
placement when subdivision (b) does not apply.
(d) The Department of Corrections shall determine if the applicant
meets the requirements of this section within 30 days of the parent'
s application to the program. The department shall establish an
appeal procedure for the applicant to appeal an adverse decision by
the department.


3418. (a) In the case of any inmate who gave birth to a child after
the date of sentencing, and in the case of any inmate who gave birth
to a child prior to that date and meets the requirements of Section
3417 but has not yet made application for admission to a program, the
department shall, at the earliest possible date, but in no case
later than the birth of the child, or the receipt of the inmate to
the custody of the Department of Corrections, as the case may be,
notify the inmate of the provisions of this chapter and provide her
with a written application for the program described in this chapter.

(b) The notice provided by the department shall contain, but need
not be limited to, guidelines for qualification for, and the
timeframe for application to, the program and the process for
appealing a denial of admittance.



3419. (a) In the case of any inmate who gives birth after her
receipt by the Department of Corrections and Rehabilitation, the
department shall, subject to reasonable rules and regulations
promulgated pursuant to Section 3414, provide notice of, and a
written application for, the program described in this chapter, and
upon her request, declare the inmate eligible to participate in a
program pursuant to this chapter if all of the requirements of
Section 3417 are met.
(b) The notice provided by the department shall contain, but need
not be limited to, guidelines for qualification for, and the
timeframe for application to, the program and the process for
appealing a denial of admittance.
(c) Any community treatment program, in which an inmate who gives
birth after her receipt by the Department of Corrections and
Rehabilitation participates, shall include, but is not limited to,
the following:
(1) Prenatal care.
(2) Access to prenatal vitamins.
(3) Childbirth education.
(4) Infant care.


3420. (a) Within five days after the receipt of an inmate by the
Department of Corrections who has already applied for admission to a
program, or of her application for admission to a program, whichever
is later, the department shall give notice of her application to the
child's current caretaker or guardian, if any, and if it has not
already been notified pursuant to Section 3415, the appropriate local
social services agency that conducts investigations for child
neglect and dependency hearings.
(b) The department and the individuals and agencies notified shall
have five days from the date of notice to decide whether or not to
challenge the appropriateness of the applicant's entry into the
program. Lack of a petition filed by that time shall result in a
presumption that the individuals and agencies notified do not
challenge the appropriateness of the applicant's entry into the
program.
(c) The local agency which has been notified pursuant to Section
3415 shall not initiate the process of considering whether or not to
file until after the sentencing court has sentenced the applicant.
(d) The appropriate local agency that conducts investigations for
child neglect and dependency hearings, the Department of Corrections,
and the current guardian or caretaker of the child, shall have the
authority to file for a fitness proceeding against the mother after
the mother has applied in writing to participate in the program.
(e) The determination of whether or not to file shall be based in
part on the likelihood of the mother being a fit parent for the child
in question both during the program and afterwards. Program content
shall be taken into account in this determination. There shall be a
presumption affecting the burden of producing evidence in favor of
filing for a fitness proceeding under the following circumstances:
(1) The applicant was convicted of one or more of the following
violent felonies:
(A) Murder.
(B) Mayhem.
(C) Aggravated mayhem.
(D) Kidnapping as defined in Section 207 or 209.
(E) Lewd acts on a child under 14 as defined in Section 288.
(F) Any felony in which the defendant inflicts great bodily injury
on a person other than accomplices which has been alleged and
proven.
(G) Forcible rape in violation of subdivision (2), (3), or (4) of
Section 261.
(H) Sodomy by force, violence, duress, menace, or threat of great
bodily injury.
(I) Oral copulation by force, violence, duress, menace, or threat
of great bodily injury.
(2) The applicant was convicted of child abuse in the current or
any proceeding.
(f) Fitness petitions shall be resolved in the court of first
instance as soon as possible for purposes of this section. Given the
need to place the child as soon as possible, the first determination
by the court as to the applicant's fitness as a mother shall
determine her eligibility for the program for the current
application. Outcomes of appeals shall not affect eligibility.



3421. Children of women inmates may only participate in the program
until they reach the age of six years, at which time the Board of
Prison Terms may arrange for their care elsewhere under any procedure
authorized by statute and transfer the mother to another placement
under the jurisdiction of the Department of Corrections if necessary;
and provided further, that at its discretion in exceptional cases,
including, but not limited to cases where the mother's period of
incarceration is extended, the board may retain such child and mother
for a longer period of time.



3422. The costs for care of any mother and child placed in a
community treatment program pursuant to this section shall be paid
for out of funds allocated to the department in the normal budgetary
process. The department shall make diligent efforts to procure other
funding sources for the program.



3423. Any woman inmate who would give birth to a child during her
term of imprisonment may be temporarily taken to a hospital outside
the prison for the purposes of childbirth, and the charge for
hospital and medical care shall be charged against the funds
allocated to the institution. The inmate shall not be shackled by the
wrists, ankles, or both during labor, including during transport to
a hospital, during delivery, and while in recovery after giving
birth, except as provided in Section 5007.7. The board shall provide
for the care of any children so born and shall pay for their care
until suitably placed, including, but not limited to, placement in a
community treatment program.



3424. A woman who is pregnant during her incarceration and who is
not eligible for the program described in this chapter shall have
access to complete prenatal health care. The department shall
establish minimum standards for pregnant inmates in its custody who
are not placed in a community treatment program including all of the
following:
(a) A balanced, nutritious diet approved by a doctor.
(b) Prenatal and postpartum information and health care,
including, but not limited to, access to necessary vitamins as
recommended by a doctor.
(c) Information pertaining to childbirth education and infant
care.
(d) A dental cleaning while in a state facility.

[هيثم الفقى]

GENDER RESPONSIVE PROGRAMS

3430. The Department of Corrections and Rehabilitation shall do all
of the following:
(a) Create a Female Offender Reform Master Plan, and shall present
this plan to the Legislature by March 1, 2008.
(b) Create policies and operational practices that are designed to
ensure a safe and productive institutional environment for female
offenders.
(c) Contract with nationally recognized gender responsive experts
in prison operational practices staffing, classification, substance
abuse, trauma treatment services, mental health services,
transitional services, and community corrections to do both of the
following:
(1) Conduct a staffing analysis of all current job classifications
assigned to each prison that houses only females. The department
shall provide a plan to the Legislature by March 1, 2009, that
incorporates those recommendations and details the changes that are
needed to address any identified unmet needs of female inmates.
(2) Develop programs and training for department staff in
correctional facilities.
(d) Create a gender responsive female classification system.
(e) Create a gender responsive staffing pattern for female
institutions and community-based offender beds.
(f) Create a needs-based case and risk management tool designed
specifically for female offenders. This tool shall include, but not
be limited to, an assessment upon intake, and annually thereafter,
that gauges an inmate's educational and vocational needs, including
reading, writing, communication, and arithmetic skills, health care
needs, mental health needs, substance abuse needs, and
trauma-treatment needs. The initial assessment shall include
projections for academic, vocational, health care, mental health,
substance abuse, and trauma-treatment needs, and shall be used to
determine appropriate programming and as a measure of progress in
subsequent assessments of development.
(g) Design and implement evidence-based gender specific
rehabilitative programs, including "wraparound" educational, health
care, mental health, vocational, substance abuse and trauma treatment
programs that are designed to reduce female offender recidivism.
These programs shall include, but not be limited to, educational
programs that include academic preparation in the areas of verbal
communication skills, reading, writing, arithmetic, and the
acquisition of high school diplomas and GEDs, and vocational
preparation, including counseling and training in marketable skills,
and job placement information.
(h) Build and strengthen systems of family support and family
involvement during the period of the female's incarceration.
(i) Establish a family service coordinator at each prison that
houses only females.
BIOMEDICAL AND BEHAVIORIAL RESEARCH
DEFINITIONS
3500. For purposes of this title:
(a) "Behaviorial research" means studies involving, but not
limited to, the investigation of human behavior, emotion, adaptation,
conditioning, and response in a program designed to test certain
hypotheses through the collection of objective data. Behavioral
research does not include the accumulation of statistical data in the
assessment of the effectiveness of programs to which inmates are
routinely assigned, such as, but not limited to, education,
vocational training, productive work, counseling, recognized
therapies, and programs which are not experimental in nature.
(b) "Biomedical research" means research relating to or involving
biological, medical, or physical science.
(c) "Psychotropic drug" means any drug that has the capability of
changing or controlling mental functioning or behavior through direct
pharmacological action. Such drugs include, but are not limited to,
antipsychotic, antianxiety, sedative, antidepressant, and stimulant
drugs. Psychotropic drugs also include mind-altering and
behavior-altering drugs which, in specified dosages, are used to
alleviate certain physical disorders, and drugs which are ordinarily
used to alleviate certain physical disorders but may, in specified
dosages, have mind-altering or behavior-altering effects.
(d) "Research" means a class of activities designed to develop or
contribute to generalizable knowledge such as theories, principles,
or relationships, or the accumulation of data on which they may be
based, that can be corroborated by accepted scientific observation
and inferences.
(e) "Research protocol" means a formal document setting forth the
explicit objectives of a research project and the procedures of
investigation designed to reach those objectives.
(f) "Phase I drug" means any drug which is designated as a phase I
drug for testing purposes under the federal Food and Drug
Administration criteria in Section 312.1 of Title 21 of the Code of
Federal Regulations.

GENERAL PROVISIONS AND PROHIBITIONS



3501. The Legislature affirms the fundamental right of competent
adults to make decisions about their participation in behavioral
research.


3502. Except as provided in Section 1706 of the Welfare and
Institutions Code, no biomedical research shall be conducted on any
prisoner in this state.


3502.5. (a) Notwithstanding Section 3502, any physician who
provides medical care to prisoners may provide a patient who is a
prisoner with a drug or treatment available only through a treatment
protocol or treatment IND (investigational new drug), as defined in
Section 312 of Title 21 of the Code of Federal Regulations, if the
physician determines that access to that drug is in the best medical
interest of the patient, and the patient has given informed consent
under Section 3521.
(b) Notwithstanding any other provision of law, neither a public
entity nor a public employee shall be liable for any injury caused by
the administration of a drug pursuant to subdivision (a), where the
administration is made in accordance with a treatment IND or a
treatment protocol as defined in Section 312 of Title 21 of the Code
of Federal Regulations.



3504. Any physical or mental injury of a prisoner resulting from
the participation in behavioral research, irrespective of causation
of such injury, shall be treated promptly and on a continuing basis
until the injury is cured.


3505. Behavioral research shall be limited to studies of the
possible causes, effects and processes of incarceration and studies
of prisons as institutional structures or of prisoners as
incarcerated persons which present minimal or no risk and no more
than mere inconvenience to the subjects of the research. Informed
consent shall not be required for participation in behavioral
research when the department determines that it would be unnecessary
or significantly inhibit the conduct of such research. In the
absence of such determination, informed consent shall be required for
participation in behavioral research.



3508. Behavioral modification techniques shall be used only if such
techniques are medically and socially acceptable means by which to
modify behavior and if such techniques do not inflict permanent
physical or psychological injury.


3509.5. Nothing in this title is intended to diminish the authority
of any official or agency to adopt and enforce rules pertaining to
prisoners, so long as such rules are not inconsistent with this
title.


ADMINISTRATION

3515. The duties of the department are to determine:
(a) That the risks to the prisoners consenting to research are
outweighed by the sum of benefits to the prisoners and the importance
of the knowledge to be gained.
(b) That the rights and welfare of the prisoners are adequately
protected, including the security of any confidential personal
information.
(c) That the procedures for selection of prisoners are equitable
and that subjects are not unjustly deprived of the opportunity to
participate.
(d) That adequate provisions have been made for compensating
research related injury.
(e) That the rate of remuneration is comparable to that received
by nonprisoner volunteers in similar research.
(f) That the conduct of the activity will be reviewed at timely
intervals.
(g) That legally effective informed consent will be obtained by
adequate and appropriate methods.



3516. No behavioral research shall be conducted on any prisoner in
this state in the absence of a determination by the department
consistent with this title.


3517. The department shall promulgate rules and regulations
reasonably necessary for the effective administration of the
provisions of this title. Action on proposals submitted shall be
taken within 60 days. The regulations shall be submitted to the
Joint Legislative Prison Committee for review and shall not become
operative until 60 days after submission.



3518. The department shall promulgate rules and regulations
prescribing procedures to be followed by any person who has a
grievance concerning the operation of any particular research program
conducted pursuant to this title.


3519. The department shall evaluate the impact of research on human
subjects approved and conducted pursuant to this title, including
any adverse reactions.


3520. The department shall make a report due on or before January 1
of each odd-numbered year containing a review of each research
program which has been approved and conducted. The report shall be
transmitted to the Legislature and shall be made available to the
public.

[هيثم الفقى]

PRISONERS' RIGHTS AS RESEARCH SUBJECTS


3521. For the purposes of this title, a prisoner shall be deemed to
have given his informed consent only if each of the following
conditions are satisfied:
(a) Consent is given without duress, coercion, fraud, or undue
influence.
(b) The prisoner is informed in writing of the potential risks or
benefits, or both, of the proposed research.
(c) The prisoner is informed orally and in writing in the language
in which the subject is fluent of each of the following:
(1) An explanation of the biomedical or behavioral research
procedures to be followed and their purposes, including
identification of any procedures which are experimental.
(2) A description of all known attendant discomfort and risks
reasonably to be expected.
(3) A disclosure of any appropriate alternative biomedical or
behavioral research procedures that might be advantageous for the
subject.
(4) The nature of the information sought to be gained by the
experiment.
(5) The expected recovery time of the subject after completion of
the experiment.
(6) An offer to answer any inquiries concerning the applicable
biomedical or behavioral research procedures.
(7) An instruction that the person is free to withdraw his consent
and to discontinue participation in the research at any time without
prejudice to the subject.


3522. At the time of furnishing a prisoner the writing required by
subdivision (b) of Section 3521, the prisoner shall also be given
information as to (a) the amount of remuneration the prisoner will
receive for the research and (b) the manner in which the prisoner may
obtain prompt treatment for any research-related injuries. Such
information shall be provided in writing on a form to be retained by
the prisoner.



3523. The amount of such remuneration shall be comparable to that
which is paid to nonprisoner volunteers in similar research.

[هيثم الفقى]

REMEDIES


3524. (a) A prisoner may maintain an action for injury to such
prisoner, including physical or mental injury, or both, caused by the
wrongful or negligent act of a person during the course of the
prisoner's participation in biomedical or behavioral research
conducted pursuant to this title.
(b) In any action pursuant to this section, such damages may be
awarded as under all of the circumstances of the case may be just.
(c) When the death of a prisoner is caused by the wrongful act or
neglect of another, his or her heirs or personal representatives on
their behalf may maintain an action for damages against the person
causing the death, or if dead, such person's personal
representatives.
(d) If an action arising out of the same wrongful act or neglect
may be maintained pursuant to subdivision (c) for wrongful death to
any such prisoner, the action authorized by subdivision (a) shall be
consolidated therewith for trial on motion of any interested party.
(e) For the purposes of this section, "heirs" mean only the
following:
(1) Those persons who would be entitled to succeed to the property
of the decedent according to the provisions of Part 2 (commencing
with Section 6400) of Division 6 of the Probate Code, and
(2) Whether or not qualified under paragraph (1), if they were
dependent on the decedent, the putative spouse, children of the
putative spouse, stepchildren, and parents. As used in this
paragraph, "putative spouse" means the surviving spouse of a void or
voidable marriage who is found by the court to have believed in good
faith that the marriage to the decedent was valid.

[هيثم الفقى]

EXECUTION OF DEATH PENALTY
EXECUTING DEATH PENALTY
3600. (a) Every male person, upon whom has been imposed the
judgment of death, shall be delivered to the warden of the California
state prison designated by the department for the execution of the
death penalty, there to be kept until the execution of the judgment,
except as provided in subdivision (b).
(b) Notwithstanding any other provision of law:
(1) A condemned inmate who, while in prison, commits any of the
following offenses, or who, as a member of a gang or disruptive
group, orders others to commit any of these offenses, may, following
disciplinary sanctions and classification actions at San Quentin
State Prison, pursuant to regulations established by the Department
of Corrections, be housed in secure condemned housing designated by
the Director of Corrections, at the California State Prison,
Sacramento:
(A) Homicide.
(B) Assault with a weapon or with physical force capable of
causing serious or mortal injury.
(C) Escape with force or attempted escape with force.
(D) Repeated serious rules violations that substantially threaten
safety or security.
(2) The condemned housing program at California State Prison,
Sacramento, shall be fully operational prior to the transfer of any
condemned inmate.
(3) Specialized training protocols for supervising condemned
inmates shall be provided to those line staff and supervisors at the
California State Prison, Sacramento, who supervise condemned inmates
on a regular basis.
(4) An inmate whose medical or mental health needs are so critical
as to endanger the inmate or others may, pursuant to regulations
established by the Department of Corrections, be housed at the
California Medical Facility or other appropriate institution for
medical or mental health treatment. The inmate shall be returned to
the institution from which the inmate was transferred when the
condition has been adequately treated or is in remission.
(c) When housed pursuant to subdivision (b) the following shall
apply:
(1) Those local procedures relating to privileges and
classification procedures provided to Grade B condemned inmates at
San Quentin State Prison shall be similarly instituted at California
State Prison, Sacramento, for condemned inmates housed pursuant to
paragraph (1) of subdivision (b) of Section 3600. Those
classification procedures shall include the right to the review of a
classification no less than every 90 days and the opportunity to
petition for a return to San Quentin State Prison.
(2) Similar attorney-client access procedures that are afforded
to condemned inmates housed at San Quentin State Prison shall be
afforded to condemned inmates housed in secure condemned housing
designated by the Director of Corrections, at the California State
Prison, Sacramento. Attorney-client access for condemned inmates
housed at an institution for medical or mental health treatment shall
be commensurate with the institution's visiting procedures and
appropriate treatment protocols.
(3) A condemned inmate housed in secure condemned housing pursuant
to subdivision (b) shall be returned to San Quentin State Prison at
least 60 days prior to his scheduled date of execution.
(4) No more than 15 condemned inmates may be rehoused pursuant to
paragraph (1) of subdivision (b).
(d) Prior to any relocation of condemned row from San Quentin
State Prison, whether proposed through legislation or any other
means, all maximum security Level IV, 180-degree housing unit
facilities with an electrified perimeter shall be evaluated by the
Department of Corrections for suitability for the secure housing and
execution of condemned inmates.


3601. Every female person, upon whom has been imposed the judgment
of death, shall be delivered to the warden of the Central California
Women's Facility, there to be held pending decision upon appeal.



3602. Upon the affirmance of her appeal, the female person
sentenced to death shall thereafter be delivered to the warden of the
California state prison designated by the department for the
execution of the death penalty, not earlier than three days before
the day upon which judgment is to be executed; provided, however,
that in the event of a commutation of sentence said female prisoner
shall be returned to the Central California Women's Facility, there
to be confined pursuant to such commutation.



3603. The judgment of death shall be executed within the walls of
the California State Prison at San Quentin.



3604. (a) The punishment of death shall be inflicted by the
administration of a lethal gas or by an intravenous injection of a
substance or substances in a lethal quantity sufficient to cause
death, by standards established under the direction of the Department
of Corrections.
(b) Persons sentenced to death prior to or after the operative
date of this subdivision shall have the opportunity to elect to have
the punishment imposed by lethal gas or lethal injection. This
choice shall be made in writing and shall be submitted to the warden
pursuant to regulations established by the Department of Corrections.
If a person under sentence of death does not choose either lethal
gas or lethal injection within 10 days after the warden's service
upon the inmate of an execution warrant issued following the
operative date of this subdivision, the penalty of death shall be
imposed by lethal injection.
(c) Where the person sentenced to death is not executed on the
date set for execution and a new execution date is subsequently set,
the inmate again shall have the opportunity to elect to have
punishment imposed by lethal gas or lethal injection, according to
the procedures set forth in subdivision (b).
(d) Notwithstanding subdivision (b), if either manner of execution
described in subdivision (a) is held invalid, the punishment of
death shall be imposed by the alternative means specified in
subdivision (a).


3605. (a) The warden of the state prison where the execution is to
take place shall be present at the execution and shall, subject to
any applicable requirement or definition set forth in subdivision
(b), invite the presence of the Attorney General, the members of the
immediate family of the victim or victims of the defendant, and at
least 12 reputable citizens, to be selected by the warden. The
warden shall, at the request of the defendant, permit those ministers
of the Gospel, not exceeding two, as the defendant may name, and any
persons, relatives or friends, not to exceed five, to be present at
the execution, together with those peace officers or any other
Department of Corrections employee as he or she may think expedient,
to witness the execution. But no other persons than those specified
in this section may be present at the execution, nor may any person
under 18 years of age be allowed to witness the execution.
(b) (1) For purposes of an invitation required by subdivision (a)
to members of the immediate family of the victim or victims of the
defendant, the warden of the state prison where the execution is to
take place shall make the invitation only if a member of the
immediate family of the victim or victims of the defendant so
requests in writing. In the event that a written request is made,
the warden of the state prison where the execution is to take place
shall automatically make the invitation 30 days prior to the date of
an imminent execution or as close to this date as practicable.
(2) For purposes of this section, "immediate family" means those
persons who are related by blood, adoption, or marriage, within the
second degree of consanguinity or affinity.
(c) No physician or any other person invited pursuant to this
section, whether or not employed by the Department of Corrections,
shall be compelled to attend the execution, and any physician's
attendance shall be voluntary. A physician's or any other person's
refusal to attend the execution shall not be used in any disciplinary
action or negative job performance citation.



3607. After the execution, the warden must make a return upon the
death warrant to the clerk of the court by which the judgment was
rendered, showing the time, mode, and manner in which it was
executed.

[هيثم الفقى]

SUSPENSION OF EXECUTION OF DEATH PENALTY: INSANITY:
PREGNANCY


3700. No judge, court, or officer, other than the Governor, can
suspend the execution of a judgment of death, except the warden of
the State prison to whom he is delivered for execution, as provided
in the six succeeding sections, unless an appeal is taken.




3700.5. Whenever a court makes and causes to be entered an order
appointing a day upon which a judgment of death shall be executed
upon a defendant, the warden of the state prison to whom such
defendant has been delivered for execution or, if the defendant is a
female, the warden of the Central California Women's Facility, shall
notify the Director of Corrections who shall thereupon select and
appoint three alienists, all of whom must be from the medical staffs
of the Department of Corrections, to examine the defendant, under the
judgment of death, and investigate his or her sanity. It is the duty
of the alienists so selected and appointed to examine such defendant
and investigate his or her sanity, and to report their opinions and
conclusions thereon, in writing, to the Governor, to the warden of
the prison at which the execution is to take place, or, if the
defendant is female, the warden of the Central California Women's
Facility, at least 20 days prior to the day appointed for the
execution of the judgment of death upon the defendant. The warden
shall furnish a copy of the report to counsel for the defendant upon
his or her request.



3701. If, after his delivery to the warden for execution, there is
good reason to believe that a defendant, under judgment of death, has
become insane, the warden must call such fact to the attention of
the district attorney of the county in which the prison is situated,
whose duty it is to immediately file in the superior court of such
county a petition, stating the conviction and judgment, and the fact
that the defendant is believed to be insane, and asking that the
question of his sanity be inquired into. Thereupon the court must at
once cause to be summoned and impaneled, from the regular jury list
of the county, a jury of 12 persons to hear such inquiry.



3702. The district attorney must attend the hearing, and may
produce witnesses before the jury, for which purpose he may issue
process in the same manner as for witnesses to attend before the
grand jury, and disobedience thereto may be punished in like manner
as disobedience to process issued by the court.



3703. The verdict of the jury must be entered upon the minutes, and
thereupon the court must make and cause to be entered an order
reciting the fact of such inquiry and the result thereof, and when it
is found that the defendant is insane, the order must direct that he
be taken to a medical facility of the Department of Corrections, and
there kept in safe confinement until his reason is restored.




3704. If it is found that the defendant is sane, the warden must
proceed to execute the judgment as specified in the warrant; if it is
found that the defendant is insane, the warden must suspend the
execution and transmit a certified copy of the order mentioned in the
last section to the Governor, and deliver the defendant, together
with a certified copy of such order, to the superintendent of the
medical facility named in such order. When the defendant recovers
his sanity, the superintendent of such medical facility must certify
that fact to the judge of the superior court from which the defendant
was committed as insane, who must thereupon fix a date upon which,
after 10 days' written notice to the defendant and the district
attorney of the county from which the defendant was originally
sentenced and the district attorney of the county from which he was
committed to the medical facility, a hearing shall be had before said
judge sitting without a jury to determine whether or not the
defendant has in fact recovered his sanity. If the defendant appears
without counsel, the court shall appoint counsel to represent him at
said hearing. If the judge should determine that the defendant has
recovered his sanity he must certify that fact to the Governor, who
must thereupon issue to the warden his warrant appointing a day for
the execution of the judgment, and the warden shall thereupon return
the defendant to the state prison pending the execution of the
judgment. If, however, the judge should determine that the defendant
has not recovered his sanity he shall direct the return of the
defendant to a medical facility of the Department of Corrections, to
be there kept in safe confinement until his sanity is restored.



3704.5. Any defendant who, on March 4, 1972, is in a state hospital
under court order pursuant to Section 3703, as that section read on
March 3, 1972, shall be transferred to a medical facility of the
Department of Corrections, designated by the Director of Corrections,
and there kept in safe confinement until his or her reason is
restored. Section 3704 shall apply when the defendant recovers his
or her sanity.



3705. If there is good reason to believe that a female against whom
a judgment of death is rendered is pregnant, such proceedings must
be had as are provided in Section 3701, except that instead of a
jury, as therein provided, the court may summon three disinterested
physicians, of good standing in their profession, to inquire into the
supposed pregnancy, who shall, in the presence of the court, but
with closed doors, if requested by the defendant, examine the
defendant and hear any evidence that may be produced, and make a
written finding and certificate of their conclusion, to be approved
by the court and spread upon the minutes. The provisions of Section
3702 apply to the proceedings upon such inquiry.



3706. If it is found that the female is not pregnant, the warden
must execute the judgment; if it is found that she is pregnant the
warden must suspend the execution of the judgment, and transmit a
certified copy of the finding and certificate to the Governor. When
the Governor receives from the warden a certificate that the
defendant is no longer pregnant, he must issue to the warden this
warrant appointing a day for the execution of the judgment.

[هيثم الفقى]

COUNTY JAILS, FARMS AND CAMPS
COUNTY JAILS


4000. The common jails in the several counties of this State are
kept by the sheriffs of the counties in which they are repectively
situated, and are used as follows:
1. For the detention of persons committed in order to secure their
attendance as witnesses in criminal cases;
2. For the detention of persons charged with crime and committed
for trial;
3. For the confinement of persons committed for contempt, or upon
civil process, or by other authority of law;
4. For the confinement of persons sentenced to imprisonment
therein upon a conviction for crime.



4000.5. Notwithstanding any other provision of law, the sheriff of
any county may transfer prisoners committed to any jail of the county
to any industrial road camp maintained by the county.



4001. Each county jail must contain a sufficient number of rooms to
allow all persons belonging to either one of the following classes
to be confined separately and distinctly from persons belonging to
either of the other classes:
1. Persons committed on criminal process and detained for trial;
2. Persons already convicted of crime and held under sentence;
3. Persons detained as witnesses or held under civil process, or
under an order imposing punishment for a contempt.




4001.1. (a) No law enforcement or correctional official shall give,
offer, or promise to give any monetary payment in excess of fifty
dollars ($50) in return for an in-custody informant's testimony in
any criminal proceeding. Nothing contained herein shall prohibit
payments incidental to the informant's testimony such as expenses
incurred for witness or immediate family relocation, lodging,
housing, meals, phone calls, travel, or witness fees authorized by
law, provided those payments are supported by appropriate
documentation demonstrating that the money was used for the purposes
for which it was given.
(b) No law enforcement agency and no in-custody informant acting
as an agent for the agency, may take some action, beyond merely
listening to statements of a defendant, that is deliberately designed
to elicit incriminating remarks.
(c) As used in this section, an "in-custody informant" means a
person described in subdivision (a) of Section 1127a.




4002. (a) Persons committed on criminal process and detained for
trial, persons convicted and under sentence, and persons committed
upon civil process, shall not be kept or put in the same room, nor
shall male and female prisoners, except husband and wife, sleep,
dress or undress, bathe, or perform eliminatory functions in the same
room. However, persons committed on criminal process and detained
for trial may be kept or put in the same room with persons convicted
and under sentence for the purpose of participating in supervised
activities and for the purpose of housing, provided, that the housing
occurs as a result of a classification procedure that is based upon
objective criteria, including consideration of criminal
sophistication, seriousness of crime charged, presence or absence of
assaultive behavior, age, and other criteria that will provide for
the safety of the prisoners and staff.
(b) Inmates who are held pending civil process under the ***ually
violent predator laws shall be held in administrative segregation.
For purposes of this subdivision, administrative segregation means
separate and secure housing that does not involve any deprivation of
privileges other than what is necessary to protect the inmates and
staff. Consistent with Section 1610, to the extent possible, the
person shall continue in his or her course of treatment, if any. An
alleged ***ually violent predator held pending civil process may
waive placement in secure housing by petitioning the court for a
waiver. In order to grant the waiver, the court must find that the
waiver is voluntary and intelligent, and that granting the waiver
would not interfere with any treatment programming for the person
requesting the waiver. A person granted a waiver shall be placed
with inmates charged with similar offenses or with similar criminal
histories, based on the objective criteria set forth in subdivision
(a).
(c) Nothing in this section shall be construed to impose any
requirement upon a county to confine male and female prisoners in the
same or an adjoining facility or impose any duty upon a county to
establish or maintain programs which involve the joint participation
of male and female prisoners.


4003. Whenever any weapon or other personal property is taken from
an arrested person, it shall be the duty of the desk clerk or other
proper officer of any city, county or city and county jail, to which
such person is committed for detention, to give a receipt to such
person without delay for the property taken.


4004. A prisoner committed to the county jail for examination, or
upon conviction for a public offense, must be actually confined in
the jail until legally discharged; and if the prisoner is permitted
to go at large out of the jail, except by virtue of a legal order or
process, it is an escape; provided, however, that during the pendency
of a criminal proceeding, the court before which said proceeding is
pending may make a legal order, good cause appearing therefor, for
the removal of the prisoner from the county jail in custody of the
sheriff. In courts where there is a marshal, the marshal shall
maintain custody of such prisoner while the prisoner is in the court
facility pursuant to such court order. The superior court of the
county may make a legal order, good cause appearing therefor, for the
removal of prisoners confined in the county jail, after conviction,
in the custody of the sheriff.
If facilities are no longer available in the county jail due to
crowded conditions, a sheriff may transfer a person committed to the
county jail upon conviction for a public offense to facilities which
are available in the city jail, as provided for in Section 4004.5.



4004.5. (a) A city may furnish facilities to be used for holding
prisoners held for examination or during trial without cost to the
county or upon such terms as may be agreed upon by the governing body
of the city and the board of supervisors, and the marshal may keep
the prisoners in their custody in the city jail.
(b) A city may furnish facilities to be used for holding persons
convicted of a public offense who have been transferred from the
county jail by the sheriff due to crowded conditions upon those terms
as may be agreed upon by the governing body of the city and the
board of supervisors. The agreed terms may indicate that the
facilities are to be provided free of charge to the county.



4005. (a) Except as provided in subdivision (b), the sheriff shall
receive, and keep in the county jail, any prisoner committed thereto
by process or order issued under the authority of the United States,
until he or she is discharged according to law, as if he or she had
been committed under process issued under the authority of this
state; provision being made by the United States for the support of
the prisoner.
(b) The sheriff shall receive, and keep in the county jail, any
prisoner committed thereto by process or order issued under the
authority of the United States, until he or she is discharged
according to law, as if he or she had been committed under process
issued under the authority of this state, but only if the sheriff
determines that adequate space in appropriate detention areas
currently exists for this purpose. Provision shall be made by the
United States for the support of the prisoner. This subdivision
shall apply only in counties where a facility operated by the United
States Bureau of Prisons exists within 200 miles of the county seat.



4006. A sheriff, to whose custody a prisoner is committed as
provided in the last section, is answerable for his safekeeping in
the courts of the United States, according to the laws thereof.



4006.5. (a) Notwithstanding any other provision of law, a county
board of supervisors or city council may enter into a contract with
the federal government, or any department or agency thereof, to
manage, control, and operate a federal prison located within the
boundaries of that county or city.
(b) If a city or county enters into a contract pursuant to
subdivision (a), the sheriff or chief of police, as appropriate,
shall have sole and exclusive authority to keep the prison and the
prisoners in it.
(c) If a city or county enters into a contract pursuant to
subdivision (a), the employees working in the prison shall be
employees of, and under the authority of, the sheriff or chief of
police, as appropriate.



4007. When there is no jail in the county, or when the jail becomes
unfit or unsafe for the confinement of prisoners, the judge of the
superior court may, by a written order filed with the clerk of the
court, designate the jail of a contiguous county for the confinement
of any prisoner of his or her county, and may at any time modify or
vacate the order.
When there are reasonable grounds to believe that a prisoner may
be forcibly removed from a county jail, the sheriff may remove the
prisoner to any California state prison for safekeeping and it is the
duty of the warden of the prison to accept and detain the prisoner
in his or her custody until his or her removal is ordered by the
superior court of the county from which he or she was delivered.
Immediately upon receiving the prisoner the warden shall advise the
Director of Corrections of that fact in writing.
When a county prisoner requires medical treatment necessitating
hospitalization which cannot be provided at the county jail or county
hospital because of lack of adequate detention facilities, and when
the prisoner also presents a serious custodial problem because of his
or her past or present behavior, the judge of the superior court
may, on the request of the county sheriff and with the consent of the
Director of Corrections, designate by written order the nearest
state prison or correctional facility which would be able to provide
the necessary medical treatment and secure confinement of the
prisoner. The written order of the judge shall be filed with the
clerk of the court. The court shall immediately calendar the matter
for a hearing to determine whether the order shall continue or be
rescinded. The hearing shall be held within 48 hours of the initial
order or the next judicial day, whichever occurs later. The prisoner
shall not be transferred to the state prison or correctional
facility prior to the hearing, except upon a determination by the
physician responsible for the prisoner's health care that a medical
emergency exists which requires the transfer of the prisoner to the
state prison or correctional facility prior to the hearing. The
prisoner shall be entitled to be present at the hearing and to be
represented by counsel. The prisoner may waive his or her right to
this hearing in writing at any time. If the prisoner waives his or
her right to the hearing, the county sheriff shall notify the
prisoner's attorney of the transfer within 48 hours, or the next
business day, whichever is later. The court may modify or vacate the
order at any time.
The rate of compensation for the prisoner's medical treatment and
confinement within a California state prison or correctional facility
shall be established by the Department of Corrections, and shall be
charged against the county making the request.
When there are reasonable grounds to believe that there is a
prisoner in a county jail who is likely to be a threat to other
persons in the facility or who is likely to cause substantial damage
to the facility, the judge of the superior court may, on the request
of the county sheriff and with the consent of the Director of
Corrections, designate by written order the nearest state prison or
correctional facility which would be able to secure confinement of
the prisoner, subject to space available. The written order of the
judge must be filed with the clerk of the court. The court shall
immediately calendar the matter for a hearing to determine whether
the order shall continue or be rescinded. The hearing shall be held
within 48 hours of the initial order or the next judicial day,
whichever occurs later. The prisoner shall be entitled to be present
at the hearing and to be represented by counsel. The court may
modify or vacate that order at any time. The rate of compensation
for the prisoner's confinement within a California state prison or
correctional facility shall be established by the Department of
Corrections and shall be charged against the county making the
request.



4008. A copy of the appointment, certified by the clerk of the
court, must be served on the sheriff or keeper of the jail
designated, who must receive into the jail all prisoners authorized
to be confined therein, pursuant to Section 4007, and who is
responsible for the safekeeping of the persons so committed, in the
same manner and to the same extent as if the sheriff or keeper of the
jail were sheriff of the county for whose use the jail is
designated, and with respect to the persons so committed the sheriff
or keeper of the jail is deemed the sheriff of the county from which
they were removed.



4009. When a jail is erected in a county for the use of which the
designation was made, or its jail is rendered fit and safe for the
confinement of prisoners, the judge of the superior court of that
county must, by a written revocation, filed with the clerk of the
court, declare that the necessity for the designation has ceased, and
that it is revoked.



4010. The clerk of the court must immediately serve a copy of the
revocation upon the sheriff of the county, who must thereupon remove
the prisoners to the jail of the county from which the removal was
had.


4011. (a) When it is made to appear to any judge by affidavit of
the sheriff or other official in charge of county correctional
facilities or district attorney and oral testimony that a prisoner
confined in any city or county jail within the jurisdiction of the
court requires medical or surgical treatment necessitating
hospitalization, which treatment cannot be furnished or supplied at
such city or county jail, the court in its discretion may order the
removal of such person or persons from such city or county jail to
the county hospital in such county; provided, if there is no county
hospital in such county, then to any hospital designated by such
court; and it shall be the duty of the sheriff or other official in
charge of county correctional facilities to maintain the necessary
guards, who may be private security guards, for the safekeeping of
such prisoner, the expense of which shall be a charge against the
county.
(b) The cost of such medical services and such hospital care and
treatment shall be charged against the county subject to subdivisions
(c) and (d), in the case of a prisoner in or taken from the county
jail, or against the city in the case of a prisoner in or taken from
the city jail, and the city or county may recover the same by
appropriate action from the person so served or cared for, or any
person or agency responsible for his care and maintenance. If the
prisoner is in the county jail under contract with a city or under
some other arrangement with the city to keep the city prisoner in the
county jail, then the city shall be charged, subject to subdivisions
(c) and (d), for the prisoner's care and maintenance with the same
right of recovery against any responsible person or any other agency.

(c) When such prisoner is poor and indigent the cost of such
medical services and such hospital care and treatment shall, in the
case of persons removed from the city jail be paid out of the general
fund of such city, and in the case of persons removed from the
county jail to a hospital other than a county hospital, such cost
shall be paid out of the general fund of such county or city and
county. In the case of city jail prisoners removed to the county
hospital, the cost of such hospital care and treatment to be paid by
the city to the county, shall be the rate per day fixed by the board
of supervisors of such county. Such board of supervisors may, but
need not, fix different rates for different classes of patients, or
for different wards, and any and all such rates may be changed by
such board of supervisors at any time, but shall at all times
approximate as nearly as may be, the average actual cost to the
county of such hospital care and treatment either in such wards or
for such classes of patients or otherwise.
(d) In the event such prisoner is financially able to pay for his
care, support and maintenance, the medical superintendent of such
hospital other than a county hospital may, with the approval of such
judge, enter into a special agreement with such person, or with his
relatives or friends, for his care, support, maintenance, and other
hospital expenses.
Any prisoner may decline such care or treatment and provide other
care and treatment for himself at his own expense.



4011.1. (a) Notwithstanding Section 29602 of the Government Code
and any other provisions of this chapter, a county, city or the
Department of the Youth Authority is authorized to make claim for and
recovery of the costs of necessary hospital, medical, surgical,
dental, or optometric care rendered to any prisoner confined in a
county or city jail or any juvenile confined in a detention facility,
who would otherwise be entitled to that care under the Medi-Cal Act
(Chapter 7 (commencing with Section 14000) Part 3, Division 9, of the
Welfare and Institutions Code), and who is eligible for that care on
the first day of confinement or detention, to the extent that
federal financial participation is available, or under the provisions
of any private program or policy for that care, and the county, city
or the Department of the Youth Authority shall be liable only for
the costs of that care as cannot be recovered pursuant to this
section. No person who is eligible for Medi-Cal shall be eligible
for benefits under the provisions of this section, and no county or
city or the Department of the Youth Authority is authorized to make a
claim for any recovery of costs for services for that person, unless
federal financial participation is available for all or part of the
costs of providing services to that person under the Medi-Cal Act.
Notwithstanding any other provision of law, any county or city
making a claim pursuant to this section and under the Medi-Cal Act
shall reimburse the Health Care Deposit Fund for the state costs of
paying those medical claims. Funds allocated to the county from the
County Health Services Fund pursuant to Part 4.5 (commencing with
Section 16700) of Division 9 of the Welfare and Institutions Code may
be utilized by the county or city to make that reimbursement.
(b) Notwithstanding Section 29602 of the Government Code and any
other provisions of this chapter, to the extent that recovery of
costs of necessary hospital, medical, surgical, dental, or optometric
care are not accomplished under subdivision (a), a county, city, or
the Department of the Youth Authority is authorized to make claim for
and recover from a prisoner or a person legally responsible for a
prisoner's care and maintenance the costs of necessary hospital,
medical, surgical, dental, or optometric care rendered to any
prisoner confined in a county or city jail, or any juvenile confined
in a detention facility, where the prisoner or the person legally
responsible for the prisoner's care and maintenance is financially
able to pay for the prisoner's care, support, and maintenance.
Nothing in this subdivision shall be construed to authorize a city, a
county, or the Department of the Youth Authority to make a claim
against a spouse of a prisoner.
(c) Necessary hospital, medical, dental, or optometric care, as
used in this section, does not include care rendered with respect to
an injury occurring during confinement in a county or city jail or
juvenile detention facility, nor does it include any care or testing
mandated by law.
(d) Subdivisions (b) and (c) shall apply only where there has been
a determination of the present ability of the prisoner or
responsible third party to pay all or a portion of the cost of
necessary hospital, medical, surgical, dental, or optometric care.
The person legally responsible for the prisoner's care shall provide
a financial disclosure statement, executed under penalty of perjury,
based on his or her past year's income tax return, to the Department
of the Youth Authority. The city, county, or Department of the Youth
Authority may request that the prisoner appear before a designated
hearing officer for an inquiry into the ability of the prisoner or
responsible third party to pay all or part of the cost of the care
provided.
(e) Notice of this request shall be provided to the prisoner or
responsible third party, which shall contain the following:
(1) A statement of the cost of the care provided to the prisoner.

(2) The prisoner's or responsible third party's procedural rights
under this section.
(3) The time limit within which the prisoner or responsible third
party may respond.
(4) A warning that if the prisoner or responsible third party
fails to appear before, or respond to, the designated officer, the
officer may petition the court for an order requiring him or her to
make payment of the full cost of the care provided to the prisoner.
(f) At the hearing, the prisoner or responsible third party shall
be entitled to, but shall not be limited to, all of the following
rights:
(1) The right to be heard in person.
(2) The right to present witnesses and documentary evidence.
(3) The right to confront and cross-examine adverse witnesses.
(4) The right to have adverse evidence disclosed to him or her.
(5) The right to a written statement of the findings of the
designated hearing officer.
(g) If the hearing officer determines that the prisoner or
responsible third party has the present ability to pay all or a part
of the cost, the officer shall set the amount to be reimbursed, and
shall petition the court to order the prisoner or responsible third
party to pay the sum to the city, county, or state, in the manner in
which it finds reasonable and compatible to the prisoner's or
responsible third party's financial ability. The court's order shall
be enforceable in the manner provided for money judgments in a civil
action under the Code of Civil Procedure.
(h) At any time prior to satisfaction of the judgment rendered
according to the terms of this section, a prisoner or responsible
third party against whom a judgment has been rendered, may petition
the rendering court for a modification of the previous judgment on
the grounds of a change of circumstance with regard to his or her
ability to pay the judgment. The prisoner or responsible third party
shall be advised of this right at the time the original judgment is
rendered.
(i) As used in this section, "ability to pay" means the overall
capacity of the prisoner or responsible third party to reimburse the
costs, or a portion of the costs, of the care provided to the
prisoner, and shall include, but not be limited to, all of the
following:
(1) The prisoner's or responsible third party's present financial
position.
(2) The prisoner's or responsible third party's discernible future
financial position.
(3) The likelihood that the prisoner or responsible third party
will be able to obtain employment in the future.
(4) Any other factor or factors which may bear upon the prisoner's
or responsible third party's financial position.



4011.2. (a) Notwithstanding Section 4011.1, a sheriff, chief or
director of corrections, or chief of police is authorized to charge a
fee in the amount of three dollars ($3) for each inmate-initiated
medical visit of an inmate confined in a county or city jail.
(b) The fee shall be charged to the inmate's personal account at
the facility. If the inmate has no money in his or her personal
account, there shall be no charge for the medical visit.
(c) An inmate shall not be denied medical care because of a lack
of funds in his or her personal account at the facility.
(d) The medical provider may waive the fee for any
inmate-initiated treatment and shall waive the fee in any
life-threatening or emergency situation, defined as those health
services required for alleviation of severe pain or for immediate
diagnosis and treatment of unforeseen medical conditions that if not
immediately diagnosed and treated could lead to disability or death.

(e) Followup medical visits at the direction of the medical staff
shall not be charged to the inmate.
(f) All moneys received by a sheriff, chief or director of
corrections, or chief of police pursuant to this section shall be
transferred to the county or city general fund.



4011.5. Whenever it appears to a sheriff or jailer that a prisoner
in a county jail or a city jail under his charge is in need of
immediate medical or hospital care, and that the health and welfare
of the prisoner will be injuriously affected unless he is forthwith
removed to a hospital, the sheriff or jailer may authorize the
immediate removal of the prisoner under guard to a hospital, without
first obtaining a court order as provided in Section 4011. In any
such case, however, if the condition of the prisoner prevents his
return to the jail within 48 hours from the time of his removal, the
sheriff or jailer shall apply to a judge of the superior court for an
order authorizing the continued absence of the prisoner from the
jail in the manner provided in Section 4011. The provisions of
Section 4011 governing the cost of medical and hospital care of
prisoners and the liability therefor, shall apply to the cost of, and
the liability for, medical or hospital care of prisoners removed
from jail pursuant to this section.


4011.6. In any case in which it appears to the person in charge of
a county jail, city jail, or juvenile detention facility, or to any
judge of a court in the county in which the jail or juvenile
detention facility is located, that a person in custody in that jail
or juvenile detention facility may be mentally disordered, he or she
may cause the prisoner to be taken to a facility for 72-hour
treatment and evaluation pursuant to Section 5150 of the Welfare and
Institutions Code and he or she shall inform the facility in writing,
which shall be confidential, of the reasons that the person is being
taken to the facility. The local mental health director or his or
her designee may examine the prisoner prior to transfer to a facility
for treatment and evaluation. Upon transfer to a facility, Article
1 (commencing with Section 5150), Article 4 (commencing with Section
5250), Article 4.5 (commencing with Section 5260), Article 5
(commencing with Section 5275), Article 6 (commencing with Section
5300), and Article 7 (commencing with Section 5325) of Chapter 2 and
Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of
the Welfare and Institutions Code shall apply to the prisoner.
Where the court causes the prisoner to be transferred to a 72-hour
facility, the court shall forthwith notify the local mental health
director or his or her designee, the prosecuting attorney, and
counsel for the prisoner in the criminal or juvenile proceedings
about that transfer. Where the person in charge of the jail or
juvenile detention facility causes the transfer of the prisoner to a
72-hour facility the person shall immediately notify the local mental
health director or his or her designee and each court within the
county where the prisoner has a pending proceeding about the
transfer. Upon notification by the person in charge of the jail or
juvenile detention facility the court shall forthwith notify counsel
for the prisoner and the prosecuting attorney in the criminal or
juvenile proceedings about that transfer.
If a prisoner is detained in, or remanded to, a facility pursuant
to those articles of the Welfare and Institutions Code, the facility
shall transmit a report, which shall be confidential, to the person
in charge of the jail or juvenile detention facility or judge of the
court who caused the prisoner to be taken to the facility and to the
local mental health director or his or her designee, concerning the
condition of the prisoner. A new report shall be transmitted at the
end of each period of confinement provided for in those articles,
upon conversion to voluntary status, and upon filing of temporary
letters of conservatorship.
A prisoner who has been transferred to an inpatient facility
pursuant to this section may convert to voluntary inpatient status
without obtaining the consent of the court, the person in charge of
the jail or juvenile detention facilty, or the local mental health
director. At the beginning of that conversion to voluntary status,
the person in charge of the facility shall transmit a report to the
person in charge of the jail or juvenile detention facility or judge
of the court who caused the prisoner to be taken to the facility,
counsel for the prisoner, prosecuting attorney, and local mental
health director or his or her designee.
If the prisoner is detained in, or remanded to, a facility
pursuant to those articles of the Welfare and Institutions Code, the
time passed in the facility shall count as part of the prisoner's
sentence. When the prisoner is detained in, or remanded to, the
facility, the person in charge of the jail or juvenile detention
facility shall advise the professional person in charge of the
facility of the expiration date of the prisoner's sentence. If the
prisoner is to be released from the facility before the expiration
date, the professional person in charge shall notify the local mental
health director or his or her designee, counsel for the prisoner,
the prosecuting attorney, and the person in charge of the jail or
juvenile detention facility, who shall send for, take, and receive
the prisoner back into the jail or juvenile detention facility.
A defendant, either charged with or convicted of a criminal
offense, or a minor alleged to be within the jurisdiction of the
juvenile court, may be concurrently subject to the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of
Division 5 of the Welfare and Institutions Code).
If a prisoner is detained in a facility pursuant to those articles
of the Welfare and Institutions Code and if the person in charge of
the facility determines that arraignment or trial would be
detrimental to the well-being of the prisoner, the time spent in the
facility shall not be computed in any statutory time requirements for
arraignment or trial in any pending criminal or juvenile
proceedings. Otherwise, this section shall not affect any statutory
time requirements for arraignment or trial in any pending criminal or
juvenile proceedings.
For purposes of this section, the term "juvenile detention
facility" includes any state, county, or private home or institution
in which wards or dependent children of the juvenile court or persons
awaiting a hearing before the juvenile court are detained.



4011.7. Notwithstanding the provisions of Sections 4011 and 4011.5,
when it appears that the prisoner in need of medical or surgical
treatment necessitating hospitalization or in need of medical or
hospital care was arrested for, charged with, or convicted of an
offense constituting a misdemeanor, the court in proceedings under
Section 4011 or the sheriff or jailer in action taken under Section
4011.5 may direct that the guard be removed from the prisoner while
he is in the hospital. If such direction is given, any such prisoner
who knowingly escapes or attempts to escape from such hospital shall
upon conviction thereof be guilty of a misdemeanor and punishable by
imprisonment for not to exceed one year in the county jail if such
escape or attempt to escape was not by force or violence. However,
if such escape is by force or violence such prisoner shall be guilty
of a felony and punishable by imprisonment in the state prison, or in
the county jail for not exceeding one year; provided, that when such
second term of imprisonment is to be served in the county jail it
shall commence from the time such prisoner would otherwise be
discharged from such jail.



4011.8. A person in custody who has been charged with or convicted
of a criminal offense may make voluntary application for inpatient or
outpatient mental health services in accordance with Section 5003 of
the Welfare and Institutions Code. If such services require absence
from the jail premises, consent from the person in charge of the
jail or from any judge of a court in the county in which the jail is
located, and from the director of the county mental health program in
which services are to be rendered, shall be obtained. The local
mental health director or his designee may examine the prisoner prior
to the transfer from the jail.
Where the court approves voluntary treatment for a jail inmate for
whom criminal proceedings are pending, the court shall forthwith
notify counsel for the prisoner and the prosecuting attorney about
such approval. Where the person in charge of the jail approves
voluntary treatment for a prisoner for whom criminal proceedings are
pending, the person in charge of the jail shall immediately notify
each court within the county where the prisoner has a pending
proceeding about such approval; upon notification by the jailer the
court shall forthwith notify the prosecuting attorney and counsel for
the prisoner in the criminal proceedings about such transfer.
If the prisoner voluntarily obtains treatment in a facility or is
placed on outpatient treatment pursuant to Section 5003 of the
Welfare and Institutions Code, the time passed therein shall count as
part of the prisoner's sentence. When the prisoner is permitted
absence from the jail for voluntary treatment, the person in charge
of the jail shall advise the professional person in charge of the
facility of the expiration date of the prisoner's sentence. If the
prisoner is to be released from the facility before such expiration
date, the professional person in charge shall notify the local mental
health director or his designee, counsel for the prisoner, the
prosecuting attorney, and the person in charge of the jail, who shall
send for, take, and receive the prisoner back into the jail.
A denial of an application for voluntary mental health services
shall be reviewable only by mandamus.



4011.9. Notwithstanding the provisions of Sections 4011 and 4011.5,
when it appears that the prisoner in need of medical or surgical
treatment necessitating hospitalization or in need of medical or
hospital care was arrested for, charged with, or convicted of an
offense constituting a felony, the court in proceedings under Section
4011 or the sheriff or jailer in action taken under Section 4011. 5
may direct that the guard be removed from the prisoner while he is
in the hospital, if it reasonably appears that the prisoner is
physically unable to effectuate an escape or the prisoner does not
constitute a danger to life or property.




4011.10. (a) It is the intent of the Legislature in enacting this
section to provide county sheriffs, chiefs of police, and directors
or administrators of local detention facilities with an incentive to
not engage in practices designed to avoid payment of legitimate
emergency health care costs for the treatment or examination of
persons lawfully in their custody, and to promptly pay those costs as
requested by the provider of services. Further, it is the intent of
the Legislature to encourage county sheriffs, chiefs of police, and
directors or administrators of local detention facilities to bargain
in good faith when negotiating a service contract with hospitals
providing emergency health care services. The Legislature has set a
date of January 1, 2009, for this section to be repealed, and does
not intend to delete or extend that date if county sheriffs, chiefs
of police, and directors or administrators have not complied with the
intent of the Legislature, as expressed in this subdivision.
(b) Notwithstanding any other provision of law, a county sheriff,
police chief or other public agency that contracts for emergency
health services, may contract with providers of emergency health care
services for care to local law enforcement patients. Hospitals that
do not contract with the county sheriff, police chief, or other
public agency that contracts for emergency health care services shall
provide emergency health care services to local law enforcement
patients at a rate equal to 110 percent of the hospital's actual
costs according to the most recent Hospital Annual Financial Data
report issued by the Office of Statewide Health Planning and
Development, as calculated using a cost-to-charge ratio.
(c) A county sheriff or police chief shall not request the release
of an inmate from custody for the purpose of allowing the inmate to
seek medical care at a hospital, and then immediately rearrest the
same individual upon discharge from the hospital, unless the hospital
determines this action would enable it to bill and collect from a
third-party payment source.
(d) The California Hospital Association, the University of
California, the California State Sheriffs' Association and the
California Police Chiefs' Association shall, immediately upon
enactment of this section, convene the Inmate Health Care and Medical
Provider Fair Pricing Working Group. The working group shall consist
of at least six members from the California Hospital Association and
the University of California, and six members from the California
State Sheriffs' Association and the California Police Chiefs'
Association. Each organization should give great weight and
consideration to appointing members of the working group with diverse
geographic and demographic interests. The working group shall meet
at least three times annually to identify and resolve industry issues
that create fiscal barriers to timely and affordable emergency
inmate health care. In addition, the working group shall address
issues including, but not limited to, inmates being admitted for care
and later rearrested and any other fiscal barriers to hospitals
being able to enter into fair market contracts with public agencies.
To the extent that the rate provisions of this statute result in a
disproportionate share of local law enforcement patients being
treated at any one hospital or system of hospitals, the working group
shall address this issue. No reimbursement is required under this
provision.
(e) Nothing in this section shall require or encourage a hospital
or public agency to replace any existing arrangements that any city
police chief, county sheriff, or other public agency that contracts
for emergency health services for care to local law enforcement
patients.
(f) An entity that provides ambulance or any other emergency or
nonemergency response service to a sheriff or police chief, and that
does not contract with their departments for that service, shall be
reimbursed for the service at the rate established by Medicare.
Neither the sheriff nor the police chief shall reimburse a provider
of any of these services that their department has not contracted
with at a rate that exceeds the provider's reasonable and allowable
costs, regardless of whether the provider is located within or
outside of California.
(g) For the purposes of this section, "reasonable and allowable
costs" shall be defined in accordance with Part 413 of Title 42 of
the Code of Federal Regulations and federal Centers for Medicare and
Medicaid Services Publication Numbers 15.1 and 15.2.
(h) For purposes of this section, in those counties in which the
sheriff does not administer a jail facility, a director or
administrator of a local department of corrections established
pursuant to Section 23013 of the Government Code is the person who
may contract for services provided to jail inmates in the facilities
he or she administers in those counties.
(i) This section is repealed as of January 1, 2009.



4012. When a pestilence or contagious disease breaks out in or near
a jail, and the physician thereof certifies that it is liable to
endanger the health of the prisoners, the county judge may, by a
written appointment, designate a safe and convenient place in the
county, or the jail in a contiguous county, as the place of their
confinement. The appointment must be filed in the office of the
clerk of the court, and authorize the sheriff to remove the prisoners
to the place or jail designated, and there confine them until they
can be safely returned to the jail from which they were taken.



4013. (a) A sheriff or jailer upon whom a paper in a judicial
proceeding, directed to a prisoner in his or her custody, is served,
shall forthwith deliver it to the prisoner, with a note thereon of
the time of its service. For a neglect to do so, he or she is liable
to the prisoner for all damages occasioned thereby.
(b) Service directed to a person who is incarcerated within any
institution in this state may be served by any person who may
lawfully serve process.


4014. The sheriff, when necessary, may, with the assent in writing
of the county judge, or in a city, of the mayor thereof, employ a
temporary guard for the protection of the county jail, or for the
safekeeping of prisoners, the expenses of which are a county charge.




4015. (a) The sheriff shall receive all persons committed to jail
by competent authority. The board of supervisors shall provide the
sheriff with necessary food, clothing, and bedding, for those
prisoners, which shall be of a quality and quantity at least equal to
the minimum standards and requirements prescribed by the Board of
Corrections for the feeding, clothing, and care of prisoners in all
county, city and other local jails and detention facilities. Except
as provided in Section 4016, the expenses thereof shall be paid out
of the county treasury.
(b) Nothing in this section shall be construed in a manner that
would require the sheriff to receive a person who is in need of
immediate medical care until the person has been transported to a
hospital or medical facility so that his or her medical needs can be
addressed prior to booking into county jail.
(c) Nothing in this section shall be construed or interpreted in a
manner that would impose upon a city or its law enforcement agency
any obligation to pay the cost of medical services rendered to any
individual in need of immediate medical care who has been arrested by
city law enforcement personnel and transported to a hospital or
medical facility prior to being delivered to and received at the
county jail or other detention facility for booking.
(d) It is the intent of the Legislature in enacting the act adding
this subdivision to ensure that the costs associated with providing
medical care to an arrested person are borne by the arrested person's
private medical insurance or any other source of medical cost
coverage for which the arrested person is eligible.



4016. Whenever a person is committed upon process in a civil action
or proceeding, except when the people of this State are a party
thereto, the sheriff is not bound to receive such person, unless
security is given on the part of the party at whose instance the
process is issued, by a deposit of money, to meet the expenses for
him of necessary food, clothing, and bedding, or to detain such
person any longer than these expenses are provided for. This section
does not apply to cases where a party is committed as a punishment
for disobedience to the mandates, process, writs, or orders of court.



4016.5. A city or county shall be reimbursed by the Department of
Corrections and Rehabilitation for costs incurred resulting from the
detention of a state prisoner, a person sentenced or referred to the
state prison, or a parolee and from parole revocation proceedings
when the detention meets any of the following conditions:
(a) The detention relates to a violation of the conditions of
parole or the rules and regulations of the Secretary of the
Department of Corrections and Rehabilitation and does not relate to a
new criminal charge.
(b) The detention is pursuant to (1) an order of the Board of
Parole Hearings under the authority granted by Section 3060, or (2)
an order of the Governor under the authority granted by Section 3062
or (3) an exercise of a state parole or correctional officer's peace
officer powers as specified in Section 830.5.
(c) Security services and facilities are provided for hearings
which are conducted by the Board of Parole Hearings to revoke parole.

(d) The detention results from a new commitment, or a referral
pursuant to Section 1203.03, once the abstract of judgment has been
completed, the department's intake control unit has been notified by
the county that the prisoner is ready to be transported pursuant to
Section 1216, and the department is unable to accept delivery of the
prisoner. The reimbursement shall be provided for each day starting
on the day following the fifth working day after the date of
notification by the county, if the prisoner remains ready to be
delivered and the department is unable to receive the prisoner. If a
county delivers or attempts to deliver a person to the department
without the prior notification required by this paragraph, the date
of the delivery or attempted delivery shall be recognized as the
notification date pursuant to this paragraph. The notification and
verification required by the county for prisoners ready to be
transported, and reimbursement provided to the county for prisoners
that the department is unable to receive, shall be made pursuant to
procedures established by the department.
A city or county shall be reimbursed by the department from funds
appropriated in Item 5240-101-0001 of the Budget Act of 1998 for
costs incurred pursuant to subdivisions (a), (b), and (c) and from
funds appropriated in Item 5240-001-0001 of that act for costs
incurred pursuant to subdivision (d).
The reimbursement required by this section shall be expended for
maintenance, upkeep, and improvement of jail conditions, facilities,
and services. Before the county is reimbursed by the department, the
total amount of all charges against that county authorized by law for
services rendered by the department shall be first deducted from the
gross amount of reimbursement authorized by this section. The net
reimbursement shall be calculated and paid monthly by the department.
The department shall withhold all or part of the net reimbursement
to a county whose jail facility or facilities do not conform to
minimum standards for local detention facilities as authorized by
Section 6030 only if the county is failing to make reasonable efforts
to correct differences, with consideration given to the resources
available for those purposes.
"Costs incurred resulting from the detention," as used in this
section, shall include the same cost factors as are utilized by the
Department of Corrections and Rehabilitation in determining the cost
of prisoner care in state correctional facilities.
(e) No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the Department of Corrections and Rehabilitation or to
any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.




4017. All persons confined in the county jail, industrial farm,
road camp, or city jail under a final judgment of imprisonment
rendered in a criminal action or proceeding and all persons confined
in the county jail, industrial farm, road camp, or city jail as a
condition of probation after suspension of imposition of a sentence
or suspension of execution of sentence may be required by an order of
the board of supervisors or city council to perform labor on the
public works or ways in the county or city, respectively, and to
engage in the prevention and suppression of forest, brush and grass
fires upon lands within the county or city, respectively, or upon
lands in adjacent counties where the suppression of fires would
afford fire protection to lands within the county.
Whenever any such person so in custody shall suffer injuries or
death while working in the prevention or suppression of forest, brush
or grass fires he shall be considered to be an employee of the
county or city, respectively, for the purposes of compensation under
the provisions of the Labor Code regarding workmen's compensation and
such work shall be performed under the direct supervision of a
local, state or federal employee whose duties include fire prevention
and suppression work. A regularly employed member of an organized
fire department shall not be required to directly supervise more than
20 such persons so in custody.
As used in this section, "labor on the public works" includes
clerical and menial labor in the county jail, industrial farm, camps
maintained for the labor of such persons upon the ways in the county,
or city jail.



4017.1. (a) (1) Except as provided in paragraph (2), any person
confined in a county jail, industrial farm, road camp, or city jail
who is required or permitted by an order of the board of supervisors
or city council to perform work, and any person while performing
community service in lieu of a fine or custody or who is assigned to
work furlough, may not be employed to perform any function that
provides access to personal information of private individuals,
including, but not limited to, the following: addresses; telephone
numbers; health insurance, taxpayer, school, or employee
identification numbers; mothers' maiden names; demand deposit
account, debit card, credit card, savings account, or checking
account numbers, PINs, or passwords; social security numbers; places
of employment; dates of birth; state- or government-issued driver's
license or identification numbers; alien registration numbers;
government passport numbers; unique biometric data, such as
fingerprints, facial scan identifiers, voice prints, retina or iris
images, or other similar identifiers; unique electronic
identification numbers; address or routing codes; and
telecommunication identifying information or access devices.
(2) Notwithstanding paragraph (1), persons assigned to work
furlough programs may be permitted to work in situations that allow
them to retain or look at a driver's license or credit card for no
longer than the period of time needed to complete an immediate
transaction. However, no person assigned to work furlough shall be
placed in any position that may require the deposit of a credit card
or driver's license as insurance or surety.
(b) Any person confined in a county jail, industrial farm, road
camp, or city jail who has access to any personal information shall
disclose that he or she is confined before taking any personal
information from anyone.
(c) This section shall not apply to inmates in employment programs
or public service facilities where incidental contact with personal
information may occur.



4017.5. In any case in which a person is confined to a city or
county jail for a definite period of time for contempt pursuant to an
action or proceeding other than a criminal action or proceeding, all
of the provisions of law authorizing, requiring, or otherwise
relating to, the performance of labor or work by persons sentenced to
such facilities for like periods of time under a judgment of
imprisonment, or a fine and imprisonment until the fine is paid or as
a condition of probation after suspension of imposition of a
sentence or suspension of execution of sentence, in a criminal action
or proceeding, shall apply.
Nothing in this section shall be construed to authorize the
confinement of any prisoner contrary to the provisions of Section
4001.


4018. The board of supervisors making such order may prescribe and
enforce the rules and regulations under which such labor is to be
performed; and provide clothing of such a distinctive character for
said prisoners as such board, in its discretion, may deem proper.



4018.1. Subject to the availability of adequate state funding for
these purposes, the sheriff of each county shall provide inmates who
have been sentenced for drug-related offenses with information about
behavior that places a person at high risk for contracting the human
immunodeficiency virus (HIV), and about the prevention of the
transmission of acquired immune deficiency syndrome (AIDS). Each
county sheriff or the chief county probation officer shall provide
all inmates who have been sentenced for drug-related offenses, who
are within one month of release, or who have been placed on
probation, with information about behavior that places a person at
high risk for contracting HIV, about the prevention of the
transmission of AIDS, and about agencies and facilities that provide
testing, counseling, medical, and support services for AIDS victims.
Information about AIDS prevention shall be solicited by each county
sheriff or chief county probation officer from the State Department
of Health Services, the county health officer, or local agencies
providing services to persons with AIDS. The Director of Health
Services, or his or her designee, shall approve protocols pertaining
to the information to be disseminated under this section.



4018.5. The sheriff or other official in charge of county
correctional facilities may, subject to the approval of the board of
supervisors, provide for the vocational training and rehabilitation
of prisoners confined in the county jail, or any county industrial
farm or county or joint county road camp. The sheriff or other
official in charge of county correctional facilities may, subject to
such approval, enter into an agreement with the governing board of
any school district maintaining secondary schools, for the
maintenance, by the district, for such prisoners, of adult education
classes conducted pursuant to the Education Code.




4018.6. The sheriff of the county may authorize the temporary
removal under custody or temporary release without custody of any
inmate of the county jail, honor farm, or other detention facility
for family emergencies or for purposes preparatory to his return to
the community, if the sheriff concludes that such inmate is a fit
subject therefor. Any such temporary removal shall not be for a
period of more than three days. When an inmate is released for
purposes preparatory to his return to the community, the sheriff may
require the inmate to reimburse the county, in whole or in part, for
expenses incurred by the county in connection therewith.




4019. (a) The provisions of this section shall apply in all of the
following cases:
(1) When a prisoner is confined in or committed to a county jail,
industrial farm, or road camp, or any city jail, industrial farm, or
road camp, including all days of custody from the date of arrest to
the date on which the serving of the sentence commences, under a
judgment of imprisonment, or a fine and imprisonment until the fine
is paid in a criminal action or proceeding.
(2) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp as a condition of probation after suspension of
imposition of a sentence or suspension of execution of sentence, in a
criminal action or proceeding.
(3) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp for a definite period of time for contempt
pursuant to a proceeding, other than a criminal action or proceeding.

(4) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp
following arrest and prior to the imposition of sentence for a felony
conviction.
(b) Subject to the provisions of subdivision (d), for each six-day
period in which a prisoner is confined in or committed to a facility
as specified in this section, one day shall be deducted from his or
her period of confinement unless it appears by the record that the
prisoner has refused to satisfactorily perform labor as assigned by
the sheriff, chief of police, or superintendent of an industrial farm
or road camp.
(c) For each six-day period in which a prisoner is confined in or
committed to a facility as specified in this section, one day shall
be deducted from his or her period of confinement unless it appears
by the record that the prisoner has not satisfactorily complied with
the reasonable rules and regulations established by the sheriff,
chief of police, or superintendent of an industrial farm or road
camp.
(d) Nothing in this section shall be construed to require the
sheriff, chief of police, or superintendent of an industrial farm or
road camp to assign labor to a prisoner if it appears from the record
that the prisoner has refused to satisfactorily perform labor as
assigned or that the prisoner has not satisfactorily complied with
the reasonable rules and regulations of the sheriff, chief of police,
or superintendent of any industrial farm or road camp.
(e) No deduction may be made under this section unless the person
is committed for a period of six days or longer.
(f) It is the intent of the Legislature that if all days are
earned under this section, a term of six days will be deemed to have
been served for every four days spent in actual custody.



4019.3. The board of supervisors may provide that each prisoner
confined in or committed to a county jail shall be credited with a
sum not to exceed two dollars ($2) for each eight hours of work done
by him in such county jail.


4019.5. (a) "Kangaroo court" as used in this section means a mock
court conducted by any prisoner or group of prisoners for the purpose
of inflicting punishment upon any fellow prisoner in any prison,
jail, jail camp, or other place of detention.
(b) "Sanitary committee" means a committee of prisoners formed
ostensibly for the purpose of enforcing institutional sanitation but
actually used for the purpose of inflicting punishment on any fellow
prisoner, or group of prisoners in any prison, jail, jail camp, or
other place of detention.
(c) It is unlawful for any sheriff, deputy sheriff, police
officer, warden or keeper of a jail to delegate to any prisoner or
group of prisoners, authority to exercise the right of punishment
over any other prisoner or group of prisoners in any county or city
prison, jail, jail camp, or other place of detention at which any
person charged with or convicted of crime is detained.
(d) It is unlawful for any sheriff, deputy sheriff, police
officer, warden or keeper of a jail to knowingly permit any prisoner
or group of prisoners to assume authority over any other prisoner or
group of prisoners by the operation of "kangaroo courts" or "sanitary
committees."
(e) Every public official in charge of a prison, jail or other
place of detention shall keep a record of all disciplinary
infractions and punishment administered therefor.
(f) This section shall not prevent the use of skilled inmates,
under adequate and proper supervision and guidance of jailers or
other employed personnel, as instructors of other inmates in the
performance of assigned work, if that relationship does not include
the exercise of disciplinary authority.



4020. Whenever the board of health of any city or county, or the
board of supervisors of any county, or the county physician of any
county of this State, presents, or causes to be presented to the
sheriff, or other officer having charge of any county jail or prison
in any county or city, in this State, a certificate, or order, in
writing, to the effect that it is by them, or him, considered
necessary for the purpose of protecting the public health, or to
prevent the introduction or spreading of disease, or to protect or
improve the health of criminals under sentence, that the hair of any
criminal or criminals be cut, such sheriff, or other officer, must
cut, or cause to be cut, the hair of any such person or persons in
his charge convicted of a misdemeanor and sentenced to a longer term
of imprisonment than 15 days, to a uniform length of one and one-half
inches from the scalp of such person or persons so imprisoned.



4020.4. In every county having a population of more than 275,000,
there shall be a female deputy sheriff in charge of female prisoners.

The sheriff of the county shall appoint the female deputy sheriff
in charge of female prisoners.


4020.7. The duties and powers of the female deputy sheriff or other
suitable woman assigned to jail duty shall be as follows:
(a) She shall have free access at all reasonable times to the
immediate presence of all female prisoners in the county jail to
which she is assigned, including the right of personal visitation and
conversation with them, and in all cases of searching the persons of
female prisoners in such jail, the female deputy sheriff shall make
such search;
(b) The female deputy sheriff or other suitable woman shall by
example, advice, and admonition employ her best abilities to secure
and promote the health, welfare, and reformation of all such
prisoners.


4020.8. No officer, deputy, jailer, keeper, guard, or person having
charge or control of any such county jail shall refuse the duly
appointed and qualified female deputy sheriff thereof, or other
suitable woman having the care of female prisoners, free access at
all reasonable times to the immediate presence of all female
prisoners therein, including the right of visitation and conversation
with them, or in such jail allow the searching of the person of a
female prisoner to be made except by the female deputy sheriff of
such jail or other suitable woman, or obstruct the performance by the
female deputy sheriff, or other suitable woman, of her official
duties.



4021. (a) Whenever any female prisoner or prisoners are confined in
any local detention facility in the state there shall be an
appropriately trained female custodial person assigned, available,
and accessible for the supervision of the female prisoners.
(b) It shall be unlawful for any officer, station officer, jailer,
or custodial personnel to search the person of any prisoner of the
opposite ***, or to enter into the room or cell occupied by any
prisoner of the opposite ***, except in the company of an employee of
the same *** as the prisoner. Except as provided herein, the
provisions of this subdivision shall not be applied to discriminate
against any employee by prohibiting appointment or work assignment on
the basis of the *** of the employee.
As used in this subdivision "station officer" means an unarmed
civilian employee who assists a peace officer in the processing of
persons who have been arrested and who performs duties including, but
not limited to, booking and fingerprinting and maintaining custody
and control of persons who have been arrested.
As used in this subdivision, "employee" means a deputy sheriff,
correctional officer, custodial officer, medical staff person or
designated civilian employee whose duties may include, but are not
limited to, maintaining custody and control of persons who have been
arrested or sentenced, or both.



4022. Whenever by the terms of this code, or of any other law of
the state, it is provided that a prisoner shall be confined in any
county jail, such provision shall be construed to authorize any
prisoner convicted of a misdemeanor to be confined, with the consent
of the city, in any city jail in the judicial district in which the
offense was committed, and as to such prisoner so confined in such
city jail, the designations, county jail and city jail shall be
interchangeable, and in such case the obligations to which the county
is liable in case of confinement in a county jail, shall become
liabilities of the city where such prisoner is confined in a city
jail.



4023. Whenever the daily average of more than 100 persons are
confined in any county or city jail there shall be available at all
times a duly licensed and practicing physician for the care and
treatment of all persons confined therein. Such daily average shall
be determined by the number of persons confined in such jails during
the last fiscal year. For county jails, such physician shall be
designated by the sheriff. The salary of such physician shall be
fixed by the supervisors of the county and shall be paid out of the
same fund of the county as other claims against the county for
salaries are paid. For city jails, such physician shall be
designated and his salary fixed by the council of the city and shall
be paid out of the general fund of such city. Any prisoner may
decline such care or treatment and provide other care or treatment
for himself at his own expense.
In the event a prisoner elects to decline treatment by the county
or city jail physician and to provide medical treatment at his own
expense, the sheriff or chief of police may have him removed from the
county or city jail to a privately owned and operated medical
facility or hospital located in the county approved by a judge of the
superior court for such treatment. The prisoner shall be liable for
the costs incurred by the county or city in providing the necessary
custody and security of the prisoner only to the extent that such
costs exceed the costs which would have been incurred by the county
or city in providing such custody and security if it had provided
treatment for him. The prisoner shall at all times remain in the
location specified by the court and at no time be permitted to be
housed or detained at any facility other than that designated.



4023.5. (a) Any female confined in any local detention facility
shall upon her request be allowed to continued to use materials
necessary for (1) personal hygiene with regard to her menstrual
cycle and reproductive system and (2) birth control measures as
prescribed by her physician.
(b) Each and every female confined in any local detention facility
shall be furnished by the county with information and education
regarding the availability of family planning services.
(c) Family planning services shall be offered to each and every
woman inmate at least 60 days prior to a scheduled release date.
Upon request any woman inmate shall be furnished by the county with
the services of a licensed physician or she shall be furnished by the
county or by any other agency which contracts with the county with
services necessary to meet her family planning needs at the time of
her release.
(d) For the purposes of this section, "local detention facility"
means any city, county, or regional facility used for the confinement
of any female prisoner for more than 24 hours.



4023.6. Any female prisoner in any local detention facility shall
have the right to summon and receive the services of any physician
and surgeon of her choice in order to determine whether she is
pregnant. The superintendent of such facility may adopt reasonable
rules and regulations with regard to the conduct of examinations to
effectuate such determination.
If the prisoner is found to be pregnant, she is entitled to a
determination of the extent of the medical services needed by her and
to the receipt of such services from the physician and surgeon of
her choice. Any expenses occasioned by the services of a physician
and surgeon whose services are not provided by the facility shall be
borne by the prisoner.
For the purposes of this section, "local detention facility" means
any city, county, or regional facility used for the confinement of
any female prisoner for more than 24 hours.
Any physician providing services pursuant to this section shall
possess a current, valid, and unrevoked certificate to engage in the
practice of medicine issued pursuant to Chapter 5 (commencing with
Section 2000) of Division 2 of the Business and Professions Code.
The rights provided for prisoners by this section shall be posted
in at least one conspicuous place to which all female prisoners have
access.


4024. The sheriff may discharge any prisoner from the county jail
at such time on the last day such prisoner may be confined as the
sheriff shall consider to be in the best interests of the prisoner.



4024.1. (a) The sheriff, chief of police, or any other person
responsible for a county or city jail may apply to the presiding
judge of the superior court to receive general authorization for a
period of 30 days to release inmates pursuant to the provisions of
this section.
(b) Whenever, after being authorized by a court pursuant to
subdivision (a), the actual inmate count exceeds the actual bed
capacity of a county or city jail, the sheriff, chief of police, or
other person responsible for such county or city jail may accelerate
the release, discharge, or expiration of sentence date of sentenced
inmates up to a maximum of five days.
(c) The total number of inmates released pursuant to this section
shall not exceed a number necessary to balance the inmate count and
actual bed capacity.
(d) Inmates closest to their normal release, discharge, or
expiration of sentence date shall be given accelerated release
priority.
(e) The number of days that release, discharge, or expiration of
sentence is accelerated shall in no case exceed 10 percent of the
particular inmate's original sentence, prior to the application
thereto of any other credits or benefits authorized by law.




4024.2. (a) Notwithstanding any other law, the board of supervisors
of any county may authorize the sheriff or other official in charge
of county correctional facilities to offer a voluntary program under
which any person committed to the facility may participate in a work
release program pursuant to criteria described in subdivision (b), in
which one day of participation will be in lieu of one day of
confinement.
(b) The criteria for a work release program are the following:
(1) The work release program shall consist of any of the
following:
(A) Manual labor to improve or maintain levees or public
facilities, including, but not limited to, streets, parks, and
schools.
(B) Manual labor in support of nonprofit organizations, as
approved by the sheriff or other official in charge of the
correctional facilities. As a condition of assigning participants of
a work release program to perform manual labor in support of
nonprofit organizations pursuant to this section, the board of
supervisors shall obtain workers' compensation insurance which shall
be adequate to cover work-related injuries incurred by those
participants, in accordance with Section 3363.5 of the Labor Code.
(C) Performance of graffiti cleanup for local governmental
entities, including participation in a graffiti abatement program as
defined in subdivision (f) of Section 594, as approved by the sheriff
or other official in charge of the correctional facilities.
(D) Performance of weed and rubbish abatement on public and
private property pursuant to Chapter 13 (commencing with Section
39501) of Division 3 of Title 4 of the Government Code, or Part 5
(commencing with Section 14875) or Part 6 (commencing with Section
14930) of Division 12 of the Health and Safety Code, as approved by
the sheriff or other official in charge of the correctional
facilities.
(E) Performance of house repairs or yard services for senior
citizens and the performance of repairs to senior centers through
contact with local senior service organizations, as approved by the
sheriff or other official in charge of the correctional facilities.
Where a work release participant has been assigned to this task, the
sheriff or other official shall agree upon in advance with the senior
service organization about the type of services to be rendered by
the participant and the extent of contact permitted between the
recipients of these services and the participant.
(F) Any person who is not able to perform manual labor as
specified in this paragraph because of a medical condition, physical
disability, or age, may participate in a work release program
involving any other type of public sector work that is designated and
approved by the sheriff or other official in charge of county
correctional facilities.
(2) The sheriff or other official may permit a prisoner
participating in a work release program to receive work release
credit for participation in education, vocational training, or
substance abuse programs in lieu of performing labor in a work
release program on an hour-for-hour basis. However, credit for that
participation may not exceed one-half of the hours established for
the work release program, and the remaining hours shall consist of
manual labor described in paragraph (1).
(3) The work release program shall be under the direction of a
responsible person appointed by the sheriff or other official in
charge.
(4) The hours of labor to be performed pursuant to this section
shall be uniform for all persons committed to a facility in a county
and may be determined by the sheriff or other official in charge of
county correctional facilities, and each day shall be a minimum of 8
and a maximum of 10 hours, in accordance with the normal working
hours of county employees assigned to supervise the programs.
However, reasonable accommodation may be made for participation in a
program under paragraph (2).
As used in this section, "nonprofit organizations" means
organizations established or operated for the benefit of the public
or in support of a significant public interest, as set forth in
Section 501(c)(3) of the Internal Revenue Code. Organizations
established or operated for the primary purpose of benefiting their
own memberships are specifically excluded.
(c) The board of supervisors may prescribe reasonable rules and
regulations under which a work release program is operated and may
provide that participants wear clothing of a distinctive character
while performing the work. As a condition of participating in a work
release program, a person shall give his or her promise to appear
for work or assigned activity by signing a notice to appear before
the sheriff or at the education, vocational, or substance abuse
program at a time and place specified in the notice and shall sign an
agreement that the sheriff may immediately retake the person into
custody to serve the balance of his or her sentence if the person
fails to appear for the program at the time and place agreed to, does
not perform the work or activity assigned, or for any other reason
is no longer a fit subject for release under this section. A copy of
the notice shall be delivered to the person and a copy shall be
retained by the sheriff. Any person who willfully violates his or
her written promise to appear at the time and place specified in the
notice is guilty of a misdemeanor.
Whenever a peace officer has reasonable cause to believe the
person has failed to appear at the time and place specified in the
notice or fails to appear or work at the time and place agreed to or
has failed to perform the work assigned, the peace officer may,
without a warrant, retake the person into custody, or the court may
issue an arrest warrant for the retaking of the person into custody,
to complete the remainder of the original sentence. A peace officer
may not retake a person into custody under this subdivision, without
a warrant for arrest, unless the officer has a written order to do
so, signed by the sheriff or other person in charge of the program,
that describes with particularity the person to be retaken.
(d) Nothing in this section shall be construed to require the
sheriff or other official in charge to assign a person to a program
pursuant to this section if it appears from the record that the
person has refused to satisfactorily perform as assigned or has not
satisfactorily complied with the reasonable rules and regulations
governing the assignment or any other order of the court.
A person shall be eligible for work release under this section
only if the sheriff or other official in charge concludes that the
person is a fit subject therefor.
(e) The board of supervisors may prescribe a program
administrative fee, not to exceed the pro rata cost of
administration, to be paid by each person according to his or her
ability to pay.



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


4024.4. (a) The board of supervisors of each county, with the
concurrence of the county sheriff before implementation, and the city
council of each city, with the concurrence of the chief of police
before implementation, may establish a notification procedure to
provide notice of the release of any person incarcerated at, or
arrested and released on bail from, a local detention facility under
its jurisdiction to victims of crime who have requested to be so
notified. A county or city and two or more counties or cities
jointly may contract with a private entity to implement this
procedure.
(b) Notwithstanding any other law, the sheriff, chief of police,
or other official in charge of a local detention facility shall make
available to any private entity under contract pursuant to
subdivision (a) all information necessary to implement the
notification procedure in a timely manner. The private entity under
contract shall be responsible for retrieving the information and
notifying the requester through computer or telephonic means and, if
unable to notify the person requesting the information by these
means, shall send written notification by mail.
(c) The sheriff, chief of police, or other official in charge of a
local detention facility shall work cooperatively with law
enforcement agencies within the county or city and local victim
centers established under Section 13835 to implement the program.
(d) As used in this section, "local detention facility" means a
facility specified in subdivision (a) or (b) of Section 6031.4.
(e) Notwithstanding any other provision of law, no public or
private officer, employee, or entity may be held liable for any
action or duty undertaken pursuant to this section.



4025. (a) The sheriff of each county may establish, maintain and
operate a store in connection with the county jail and for this
purpose may purchase confectionery, tobacco and tobacco users'
supplies, postage and writing materials, and toilet articles and
supplies and sell these goods, articles, and supplies for cash to
inmates in the jail.
(b) The sale prices of the articles offered for sale at the store
shall be fixed by the sheriff. Any profit shall be deposited in an
inmate welfare fund to be kept in the treasury of the county.
(c) There shall also be deposited in the inmate welfare fund 10
percent of all gross sales of inmate hobbycraft.
(d) There shall be deposited in the inmate welfare fund any money,
refund, rebate, or commission received from a telephone company or
pay telephone provider when the money, refund, rebate, or commission
is attributable to the use of pay telephones which are primarily used
by inmates while incarcerated.
(e) The money and property deposited in the inmate welfare fund
shall be expended by the sheriff primarily for the benefit,
education, and welfare of the inmates confined within the jail. Any
funds that are not needed for the welfare of the inmates may be
expended for the maintenance of county jail facilities. Maintenance
of county jail facilities may include, but is not limited to, the
salary and benefits of personnel used in the programs to benefit the
inmates, including, but not limited to, education, drug and alcohol
treatment, welfare, library, accounting, and other programs deemed
appropriate by the sheriff. Inmate welfare funds shall not be used to
pay required county expenses of confining inmates in a local
detention system, such as meals, clothing, housing, or medical
services or expenses, except that inmate welfare funds may be used to
augment those required county expenses as determined by the sheriff
to be in the best interests of inmates. An itemized report of these
expenditures shall be submitted annually to the board of supervisors.

(f) The operation of a store within any other county adult
detention facility which is not under the jurisdiction of the sheriff
shall be governed by the provisions of this section, except that the
board of supervisors shall designate the proper county official to
exercise the duties otherwise allocated in this section to the
sheriff.
(g) The operation of a store within any city adult detention
facility shall be governed by the provisions of this section, except
that city officials shall assume the respective duties otherwise
outlined in this section for county officials.
(h) The treasurer may, pursuant to Article 1 (commencing with
Section 53600), or Article 2 (commencing with Section 53630) of
Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code,
deposit, invest, or reinvest any part of the inmate welfare fund, in
excess of that which the treasurer deems necessary for immediate use.
The interest or increment accruing on these funds shall be deposited
in the inmate welfare fund.
(i) The sheriff may expend money from the inmate welfare fund to
provide indigent inmates, prior to release from the county jail or
any other adult detention facility under the jurisdiction of the
sheriff, with essential clothing and transportation expenses within
the county or, at the discretion of the sheriff, transportation to
the inmate's county of residence, if the county is within the state
or within 500 miles from the county of incarceration. This
subdivision does not authorize expenditure of money from the inmate
welfare fund for the transfer of any inmate to the custody of any
other law enforcement official or jurisdiction.



4025.5. (a) There is hereby created a pilot program in the Counties
of Alameda, Los Angeles, Orange, Sacramento, San Francisco, San
Diego, Santa Barbara, and Stanislaus. In each county, the sheriff may
expend money from the inmate welfare fund to provide indigent
inmates, after release from the county jail or any other adult
detention facility under the jurisdiction of the sheriff, assistance
with the reentry process within 14 days after the inmate's release.
The assistance provided may include, but is not limited to, work
placement, counseling, obtaining proper identification, education,
and housing.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.



4026. The sheriff or other officer in charge of a county or city
jail may provide for the manufacture of small articles of handiwork
by prisoners out of raw materials purchased by the prisoners with
their own funds or funds borrowed from the inmate welfare fund, which
articles may be sold to the public at the county or city jails, in
public buildings, at fairs, or on property operated by nonprofit
associations. County- or city-owned property shall not be sold or
given to prisoners for use under this section, except as expressly
permitted by this section. The sheriff or other officer in charge
shall comply with subdivision (c) of Section 4025 and provide that
the balance of the sale price of the articles be deposited to the
account of the prisoner manufacturing the article after repaying the
inmate welfare fund any amount borrowed.



4027. It is the intention of the Legislature that all prisoners
confined in local detention facilities shall be afforded reasonable
opportunities to exercise religious freedom.
As used in this section "local detention facility" means any city,
county, or regional facility used for the confinement of prisoners
for more than 24 hours.



4028. No condition or restriction upon the obtaining of an abortion
by a female detained in any local detention facility, pursuant to
the Therapeutic Abortion Act (Article 2 (commencing with Section
123400) of Chapter 2 of Part 2 of Division 106 of the Health and
Safety Code), other than those contained in that act, shall be
imposed. Females found to be pregnant and desiring abortions shall
be permitted to determine their eligibility for an abortion pursuant
to law, and if determined to be eligible, shall be permitted to
obtain an abortion.
For the purposes of this section, "local detention facility" means
any city, county, or regional facility used for the confinement of
any female person for more than 24 hours.
The rights provided for females by this section shall be posted in
at least one conspicuous place to which all female prisoners have
access.


4029. (a) Whenever within any county adult detention facility or
part of any county detention facility used for the confinement of
adults, not including any city jail, any facility, including but not
limited to any room or cell, vocational training facility, recreation
area, rest area, dining room, store, or facility for the exercise of
religious freedom, is provided for use by any prisoner for any
purpose, a separate facility of equal quality, or separate use of the
same facility, or joint use of the same facility where appropriate,
shall be provided for prisoners of the opposite *** for such purpose.

(b) Whenever within any county adult detention facility or part of
any county detention facility used for the confinement of adults,
not including any city jail, any program, service or privilege,
including but not limited to any general or vocational education,
physical education or recreation, work furlough program,
psychological counseling, work within the institution, visiting
privileges, or medical treatment, is provided for any prisoner, such
a program, service or privilege of equal quality shall be provided
for prisoners of the opposite ***, except when the proportion of
prisoners of one *** is so small that the cost of providing any
program, service or privilege described in this subdivision, other
than medical treatment or health maintenance, for such prisoners
would not be justified in relation to the reduction in the level of
any other program, service or privilege that would result from the
diversion of funds for such purpose.
(c) Nothing in this section shall require the establishment of any
facility for the use of, or the making available of any program,
service or privilege to, any prisoner. Nothing in this section shall
require any facility, program, service or privilege established or
available prior or subsequent to January 1, 1975, to be made
available to any particular male or female prisoner or number of such
prisoners, except that any type of facility, program, service or
privilege which is made accessible or available to all male or female
prisoners in any class defined by subdivisions 1, 2, and 3 of
Section 4001 shall be made accessible or available to all prisoners
of the opposite *** in such class as provided in subdivisions (a) and
(b), and any criterion other than the *** of the prisoner which is
used for the selection of a particular prisoner or group of prisoners
to have, or to have access to, any facility, program, service or
privilege shall be equally applied to the selection of all prisoners,
regardless of ***.
(d) Every county shall comply with subdivisions (a), (b), and (c)
by January 1, 1979. Such compliance shall not be required unless the
Legislature provides funds to assist in the accomplishment of such
compliance. Every county shall report to the Legislature by January
1, 1976, as to whether such compliance can be accomplished, and
stating the reasons why it cannot be accomplished if that be the
case.
(e) Whenever within any county adult detention facility or part of
any county detention facility used for the confinement of adults,
not including any city jail, an inpatient psychiatric facility
designated by the county mental health director to treat patients
under Division 5 (commencing with Section 5000) and Division 6
(commencing with Section 6000) of the Welfare and Institutions Code,
is provided for prisoners of one *** who may not depart from the
detention facility for treatment elsewhere, and where the proportion
of prisoners of the opposite *** requiring the same type of treatment
is so small that the cost of providing a separate program of equal
quality would not be justified in relation to the reduction in the
level of another program, service, or privilege that would result
from the diversion of funds for such purpose, the above designated
mental health treatment program may treat prisoners of both ***es if
each of the following conditions is met:
(1) The program is one that would be considered suitable for the
treatment of patients of both ***es if it were located in a
psychiatric treatment facility devoted to evaluation and treatment
under Division 5 (commencing with Section 5000) and Division 6
(commencing with Section 6000) of the Welfare and Institutions Code
for patients who are not prisoners.
(2) A female deputy sheriff or other suitable woman assigned to
jail duty is assigned to the treatment program in accordance with
Sections 4020.4, 4020.7, 4020.8, and 4021 of this code.
Notwithstanding the provisions of Section 4020.4 of this code, in a
county of any size, the sheriff may designate a female member of the
mental health treatment staff for this assignment.



4030. (a) The Legislature finds and declares that law enforcement
policies and practices for conducting strip or body cavity searches
of detained persons vary widely throughout California. Consequently,
some people have been arbitrarily subjected to unnecessary strip and
body cavity searches after arrests for minor misdemeanor and
infraction offenses. Some present search practices violate state and
federal constitutional rights to privacy and freedom from
unreasonable searches and seizures.
It is the intent of the Legislature in enacting this section to
protect the state and federal constitutional rights of the people of
California by establishing a statewide policy strictly limiting strip
and body cavity searches.
(b) The provisions of this section shall apply only to
prearraignment detainees arrested for infraction or misdemeanor
offenses and to any minor detained prior to a detention hearing on
the grounds that he or she is a person described in Section 300, 601,
or 602 of the Welfare and Institutions Code alleged to have
committed a misdemeanor or infraction offense. The provisions of
this section shall not apply to any person in the custody of the
Director of the Department of Corrections or the Director of the
Youth Authority.
(c) As used in this section, "strip search" means a search which
requires a person to remove or arrange some or all of his or her
clothing so as to permit a visual inspection of the underclothing,
breasts, buttocks, or genitalia of such person.
(d) As used in this section:
(1) "Body cavity" only means the stomach or rectal cavity of a
person, and vagina of a female person.
(2) "Visual body cavity search" means visual inspection of a body
cavity.
(3) "Physical body cavity search" means physical intrusion into a
body cavity for the purpose of discovering any object concealed in
the body cavity.
(e) Notwithstanding any other provision of law, including Section
40304.5 of the Vehicle Code, when a person is arrested and taken into
custody, that person may be subjected to patdown searches, metal
detector searches, and thorough clothing searches in order to
discover and retrieve concealed weapons and contraband substances
prior to being placed in a booking cell.
(f) No person arrested and held in custody on a misdemeanor or
infraction offense, except those involving weapons, controlled
substances or violence nor any minor detained prior to a detention
hearing on the grounds that he or she is a person described in
Section 300, 601 or 602 of the Welfare and Institutions Code, except
for those minors alleged to have committed felonies or offenses
involving weapons, controlled substances or violence, shall be
subjected to a strip search or visual body cavity search prior to
placement in the general jail population, unless a peace officer has
determined there is reasonable suspicion based on specific and
articulable facts to believe such person is concealing a weapon or
contraband, and a strip search will result in the discovery of the
weapon or contraband. No strip search or visual body cavity search
or both may be conducted without the prior written authorization of
the supervising officer on duty. The authorization shall include the
specific and articulable facts and circumstances upon which the
reasonable suspicion determination was made by the supervisor.
(g) (1) Except pursuant to the provisions of paragraph (2), no
person arrested and held in custody on a misdemeanor or infraction
offense not involving weapons, controlled substances or violence,
shall be confined in the general jail population unless all of the
following are true:
(i) The person is not cited and released.
(ii) The person is not released on his or her own recognizance
pursuant to Article 9 (commencing with Section 1318) of Chapter 1 of
Title 10 of Part 2.
(iii) The person is not able to post bail within a reasonable time
not less than three hours.
(2) No person may be housed in the general jail population prior
to release pursuant to the provisions of paragraph (1) unless a
documented emergency exists and there is no reasonable alternative to
such placement. Such person shall be placed in the general
population only upon prior written authorization documenting the
specific facts and circumstances of the emergency. The written
authorization shall be signed by the uniformed supervisor of the
facility or by a uniformed watch commander. Any person confined in
the general jail population pursuant to paragraph (1) shall retain
all rights to release on citation, his or her own recognizance, or
bail which were preempted as a consequence of the emergency.
(h) No person arrested on a misdemeanor or infraction offense, nor
any minor described in subdivision (b), shall be subjected to a
physical body cavity search except under the authority of a search
warrant issued by a magistrate specifically authorizing the physical
body cavity search.
(i) A copy of the prior written authorization required by
subdivisions (f) and (g) and the search warrant required by
subdivision (h) shall be placed in the agency's records and made
available, on request, to the person searched or his or her
authorized representative. With regard to any strip, visual or body
search, the time, date and place of the search, the name and *** of
the person conducting the search and a statement of the results of
the search, including a list of any items removed from the person
searched, shall be recorded in the agency's records and made
available, upon request, to the person searched or his or her
authorized representative.
(j) Persons conducting a strip search or a visual body cavity
search shall not touch the breasts, buttocks, or genitalia of the
person being searched.
(k) A physical body cavity search shall be conducted under
sanitary conditions, and only by a physician, nurse practitioner,
registered nurse, licensed vocational nurse or emergency medical
technician Level II licensed to practice in this state. Any
physician engaged in providing health care to detainees and inmates
of the facility may conduct physical body cavity searches.
(l) All persons conducting or otherwise present during a strip
search or visual or physical body cavity search shall be of the same
*** as the person being searched, except for physicians or licensed
medical personnel.
(m) All strip, visual and physical body cavity searches shall be
conducted in an area of privacy so that the search cannot be observed
by persons not participating in the search. Persons are considered
to be participating in the search if their official duties relative
to search procedure require them to be present at the time the search
is conducted.
(n) A person who knowingly and willfully authorizes or conducts a
strip, visual or physical body cavity search in violation of this
section is guilty of a misdemeanor.
(o) Nothing in this section shall be construed as limiting any
common law or statutory rights of any person regarding any action for
damages or injunctive relief, or as precluding the prosecution under
another provision of law of any peace officer or other person who
has violated this section.
(p) Any person who suffers damage or harm as a result of a
violation of this section may bring a civil action to recover actual
damages, or one thousand dollars ($1,000), whichever is greater. In
addition, the court may, in its discretion, award punitive damages,
equitable relief as it deems necessary and proper, and costs,
including reasonable attorney's fees.

[هيثم الفقى]

JOINT COUNTY JAILS

4050. This chapter may be cited as the Joint County Jail Act.



4051. Any two or more counties may form a district for the purpose
of establishing and operating a joint county jail to serve such
counties.


4052. Any district organized under this chapter shall have and
exercise the powers expressly granted in this chapter, together with
such other powers as are reasonably implied therefrom and necessary
and proper to carry out the objects and purposes of this chapter.




4053. The board of supervisors of any county may initiate
proceedings proposing the creation of a joint district for the
purpose of maintaining a joint county jail under the provisions of
this chapter to be composed of two or more counties by the adoption
of a resolution reciting the following:
(1) That it will be beneficial to the public interest to create a
joint district for the establishment or operation, or both, of a
joint county jail to which persons from any of the counties proposed
to be included in the proposed district may be committed.
(2) The names of the counties proposed to be included in the
proposed district which will be benefited by the formation thereof.
(3) That it is proposed to create a joint district for the
establishment or operation, or both, of a joint county jail under the
provisions of this chapter for the counties so named.




4054. When adopted, certified copies of the resolution provided for
in Section 4053, shall be transmitted to the several clerks of the
boards of supervisors in each of the counties named in the resolution
other than that in which the proceedings are initiated.
Upon the adoption of the resolution provided for in Section 4053,
the board of supervisors of the county adopting the same shall name
and appoint two members of the board to represent the county upon the
board of directors of the joint district proposed to be organized.



4055. Upon receipt of the resolution adopted under Section 4053,
the boards of supervisors of the counties affected and to whom the
same may be directed shall consider the advisability of creating and
organizing a joint district as proposed in said resolution and, upon
determining the facts involved therein, shall severally adopt
resolutions either rejecting or approving the proposal to create such
joint district. Each resolution of approval shall, in addition to
the matters otherwise required therein, also name and appoint the
members of the board of supervisors of the county adopting the
resolution qualified to represent such county upon the board of
directors of the proposed joint district. A certified copy of the
resolution of approval shall be forthwith transmitted to the clerk of
the board of supervisors initiating the proceedings.



4056. The board of supervisors of any county initiating proceedings
for the creation of a joint district under this chapter shall, after
the receipt of a copy of the resolution approving the proposal to
form such district as provided in Section 4055 from the board of
supervisors of each county proposed to be included within any such
joint district, adopt a resolution declaring the creation and
organization of said joint district and setting forth the names of
the counties composing said district. A certified copy of the
resolution shall be transmitted to and filed with the Secretary of
State, whereupon the joint district shall be deemed created and
organized and shall exercise all the powers granted in this chapter
and shall bear the name and designation of "Joint County Jail
District No. _____ of the State of California."



4057. All districts organized under this chapter shall be numbered
in the order of their creation, the number to be assigned to said
district forthwith upon the organization thereof by the Secretary of
State, and the Secretary of State shall keep and maintain in his
office a list and register showing the joint county jail districts
organized under this chapter.



4058. The Secretary of State shall furnish and transmit to the
clerk of the board of supervisors of the county adopting the initial
resolution for the organization of any district under this chapter a
certificate of the organization of the same. Upon receipt of the
certificate the clerk shall within 10 days send a certified copy of
the certificate to each of the clerks of the several boards of
supervisors of the counties constituting the district, and shall also
within the time specified in this section notify each supervisor
appointed as a member of the board of directors of the district of
such fact and of the time and place of the first meeting of the board
of directors of the district. The time and place of the meeting
shall be fixed and determined by the clerk of the board adopting the
initial resolution, but said time of meeting shall be within 30 days
after the date of mailing notices thereof. The necessary expense
incurred by supervisors in attending and in going to and coming from
any meeting of the board of directors of the district shall
constitute a county charge of their respective counties.




4059. The body formed under Section 4058 shall be called the board
of directors of such district.



4060. The members of the board of directors may enter into an
agreement for and on behalf of the counties appointing them binding
said counties to the joint enterprise provided for in this chapter
and apportioning the cost of establishing and maintaining a joint
county jail.



4061. All sums found due from any county according to the
provisions of this chapter are a charge against said county, and may
be collected in the manner provided by law by the board of directors
of a district formed under this chapter, or, in its behalf by the
board of supervisors of any county in the district by an action
instituted and tried in any county in the district in which the same
may be filed.



4062. The board of directors may establish the joint county jail
provided for in this chapter and shall provide for the feeding, care,
and treatment of prisoners therein, and must conform to such
standards for construction, feeding, clothing, bedding and
programming as are imposed pursuant to law on county jails.



4063. Each county in a district formed under this chapter shall pay
from its general fund its proportionate share to the board of
directors of such amount as the board may designate to constitute a
cash revolving fund to carry on the work and expense of maintaining
such joint county jail. Each month a statement of the expense of the
joint county jail shall be sent to the board of supervisors of each
county in the district, together with a claim for its proportionate
share of expenses. Amounts when received shall be paid into the cash
revolving fund.


4064. Convicted persons may be committed to a joint county jail
from a county comprising the district the same as if the commitment
were to a jail maintained by that county alone.



4065. The provisions of Chapter 1 (commencing at Section 4000) of
this title shall, so far as appropriate, be applicable to a joint
county jail established pursuant to this chapter, and the person
appointed by the board of directors to superintend a joint county
jail has such powers and duties as has a sheriff, with respect to
county jails, under Chapter 1.



4066. The board of directors may make rules and regulations for the
government of a joint county jail not inconsistent with law.



4067. A joint county jail district formed under this chapter may be
dissolved in the following manner:
(a) The board or boards of supervisors of a county or counties
containing more than fifty percent (50%) of the population of the
entire district shall by a unanimous vote adopt a resolution stating
that the existence of a joint county jail is no longer desirable for
the public welfare and announcing the intention to withdraw therefrom
and to dissolve said district.
(b) The resolution or resolutions so adopted shall be communicated
to the clerks of the boards of supervisors of all the counties
comprising the district and also to the Secretary of State.
(c) If it appears that the resolution was unanimously adopted by
the board or boards of supervisors in the counties desiring to
withdraw, and that such county or counties contain more than fifty
percent (50%) of the entire population in the district, the Secretary
of State shall thereupon certify to the clerks of the boards of
supervisors of the counties composing the district that the district
is dissolved.
(d) Thereupon the board of directors of the district shall within
90 days:
(1) Abolish the joint county jail;
(2) Return all prisoners therein to the custody of the sheriffs of
their respective counties;
(3) Dispose of all equipment belonging to said joint county jail
and the district;
(4) Render an accounting to the clerks of the boards of
supervisors of the counties composing such district of all sums of
money received and paid out since their last previous accounting,
including the balance of revolving fund on hand at said last previous
accounting;
(5) Apportion and repay to said counties all sums of money then
remaining in their hands, and they shall thereupon be relieved of
further responsibility in said matter.

[هيثم الفقى]

COUNTY INDUSTRIAL FARMS AND ROAD CAMPS
County Industrial Farms


4100. It is the purpose of this article to make possible the
substitution of constructive labor for profitless prison confinement
in order that those who are charged with or convicted of public
offenses and deprived of their liberty may become better citizens
because of their disciplinary experience.



4101. In each county an industrial farm or industrial road camp may
be established under the provisions of this article.



4102. Before establishing an industrial farm or industrial road
camp in any county the board of supervisors thereof shall adopt a
resolution of its intention so to do. The resolution shall state an
amount per person per day for which persons from incorporated cities
will be maintained on an industrial farm. Certified copies of the
resolution shall be forwarded by the clerk of the board of
supervisors to the clerks of all incorporated cities within the
county.


4103. Upon receipt of the resolution as provided in Section 4102,
the legislative body of any incorporated city wishing to avail itself
of the use of a proposed industrial farm shall adopt a resolution
setting forth the following matters:
1. The number of persons sentenced to imprisonment in the jail of
such city during the fiscal year last preceding the adoption of the
resolution of intention by the board of supervisors;
2. The total number of days for which all such persons were
imprisoned in the jail of the city during such fiscal year;
3. A declaration of the desire of the city adopting the resolution
to have the prisoners of the city cared for by the county on the
industrial farm or industrial road camp and of the agreement of the
city to pay the county quarterly for the care of the prisoners of the
city at the rate set forth in the resolution of intention.
A certified copy of the resolution provided for in this section
shall be forwarded to the clerk of the board of supervisors.



4104. Any board of supervisors having adopted a resolution of
intention to establish an industrial farm or industrial road camp
shall ascertain and enter in its minutes the following facts:
(a) The number of persons sentenced to imprisonment in the county
jail during the fiscal year last preceding the adoption of the
resolution of intention.
(b) The total number of days for which all persons were imprisoned
in the county jail during that fiscal year.
(c) The number of persons sentenced from the superior court of the
county to any state prison upon conviction of a violation of Section
270 or Section 270a during that fiscal year.
(d) The total number of days for which all persons so sentenced to
state prisons were therein imprisoned during that fiscal year.



4105. Upon ascertaining the facts provided for in Sections 4102 to
4104, inclusive, the board of supervisors may proceed to establish an
industrial farm or industrial road camp.



4106. For the purpose of establishing an industrial farm the board
of supervisors may acquire by condemnation, purchase, lease or
donation as many acres of land suitable for agriculture as may be
necessary for the purposes of the farm. Such land may be situate
within or without the county and may consist of separate parcels. If
the land is without the county no industrial farm may be established
thereon without the consent of the board of supervisors of the
county in which the land is located. The board of supervisors shall
erect on such land such buildings and structures and make such
improvements and institute such industries as are necessary or
convenient to carry out the purposes of this article.



4107. The board of supervisors shall secure by purchase or
otherwise personal property convenient or necessary to carry out the
purposes of this article. Stock, machinery, or any other property
belonging to the county and in use on the county farm or elsewhere
may be used on an industrial farm.



4108. The board of supervisors shall employ a superintendent of an
industrial farm or camp and such other subordinate persons as may be
necessary for the proper administration thereof and the keeping of
the prisoners imprisoned thereon. As part of the compensation to be
agreed upon for such superintendent and other persons board and
lodging may be furnished.



4109. The board shall also adopt rules governing the administration
of a farm or camp formed under the provisions of this article and
discipline thereon in furtherance of the purposes of this article,
which rules shall be enforced by the superintendent and those
subordinate to him.



4110. If women are to be sentenced to an industrial farm, the board
of supervisors establishing it shall provide thereon separate
quarters for women prisoners, or may establish a separate industrial
farm for women prisoners. Nothing in the section shall be construed
to impose any requirement upon a county to confine male and female
prisoners in the same or an adjoining facility or impose any duty
upon a county to establish or maintain programs which involve the
joint participation of male and female prisoners.



4111. If a separate farm for women prisoners is established it
shall be considered as a part of the industrial farm of the county
within the meaning of all provisions of this article, except that
none but women prisoners shall be admitted to it. A woman assistant
to the superintendent of an industrial farm shall be in immediate
charge of any farm established for women prisoners only.



4112. When land has been acquired and such buildings and structures
erected and improvements made as may be immediately necessary for
the carrying out of the purposes of this article or arrangements have
been made for an industrial road camp or camps, the board of
supervisors shall adopt a resolution proclaiming that an industrial
farm or road camp has been established in the county and designating
a day on and after which persons will be admitted to such farm or
camp. Certified copies of the resolution shall be forwarded by the
clerk of the board of supervisors to each superior court judge in the
county.


4114. Each county which establishes an industrial farm or camp
shall provide a county classification committee, which shall function
as follows:
(1) The sheriff shall appoint the members of this committee, which
may include members of his staff and qualified citizens of the
county. If there is a county jail physician, he shall be an ex
officio member of this committee. All committee members shall serve
without remuneration.
(2) The committee shall meet at least once weekly for the purpose
of assigning each person who has been sentenced to the county jail to
the proper degree of custody and treatment within one of the
available adult detention facilities operated by the county. Any
person assigned to medical treatment may decline such treatment and
provide other care or treatment for himself at his own expense.
(3) Each county prisoner serving a jail sentence of over 30 days
shall appear before the committee during the first third of his
sentence.
(4) City prisoners who have been recommended to the committee by
the chief of police may be transferred to the county industrial farm
or camp at the option of the committee.



4115. The county jail shall serve as the initial place of detention
for all adult persons committed to the custody of the sheriff,
except city prisoners who are transferred to a farm or camp by the
county classification committee.


4115.5. The board of supervisors of a county where adequate
facilities are not available for prisoners who would otherwise be
confined in its county adult detention facilities may enter into an
agreement with the board or boards of supervisors of one or more
nearby counties whose county adult detention facilities are adequate
and are readily accessible from the first county, permitting
commitment of misdemeanants, and any persons required to serve a term
of imprisonment in county adult detention facilities as a condition
of probation, to a jail in a county having adequate facilities that
is a party to the agreement. Such agreement must make provision for
support of a person so committed or transferred by the county from
which he is committed. When such an agreement is in effect
commitments may be made by the court and support of any such person
shall be a charge upon the county from which he is committed.



4116. No person shall be committed directly by any court to a
county industrial farm or camp except as provided in the Welfare and
Institutions Code. All other commitments shall be made to the
sheriff for placement in such county adult detention facility as the
county classification committee may designate.



4117. No person shall be transferred to an industrial farm or camp
unless he has appeared before the county classification committee and
has been assigned to that facility.



4118. The legislative body of any incorporated city located in a
county which has established an industrial farm or industrial road
camp may adopt and forward to the board of supervisors a certified
copy of a resolution stating that the city desires to have its
prisoners cared for on the industrial farm or camp and agrees to pay
therefor quarterly at a rate per prisoner per day, which rate shall
be set forth in the resolution.



4119. At its option the board of supervisors may adopt a resolution
stating that the county will care for the prisoners of the city on
its industrial farm or camp at the rate set forth in the city's
resolution specified in Section 4118. A certified copy of the
resolution provided for in this section shall be forwarded to the
clerk of the city named therein, who shall immediately notify the
chief of police of the city.
Thereafter, the chief of police of the city, or his
representative, shall meet regularly with the county classification
committee for the purpose of determining the eligibility of certain
city prisoners for transfer to a county industrial farm or camp. The
committee shall consider for transfer only those city prisoners who
have been selected and recommended for transfer by the chief of
police. In each case, the committee may transfer or reject such
prisoners as it sees fit.



4120. Upon the expiration of the sentence of any person imprisoned
in any industrial farm or camp, he shall be discharged, and either
furnished with transportation to the place where he was convicted or
given a sum of money sufficient to pay his fare to such place.



4121. The cost of establishing and maintaining an industrial farm
or industrial road camp formed under this article shall be paid out
of the county general fund. Any revenue derived from such farm or
camp, including that received from any city for the care of its
prisoners on said farm, shall be paid into the county general fund.




4122. The cost of transporting city prisoners to an industrial farm
or camp shall be borne by the city from whose courts they were
committed. All other transportation charges shall be borne by the
county and paid out of the general fund.




4123. Any person transferred from an industrial farm or camp to the
county jail shall be maintained at the jail at the expense of the
county as are other prisoners in such jail.



4124. Each county board of supervisors may specify a rate to be
charged for the care of city prisoners, which rate shall not exceed
the average cost to the county of caring for one prisoner per day.
In calculating this average cost, the value of the farm products used
in other county institutions and in supplying the needs of paupers,
incompetents, poor and indigent persons and persons incapacitated by
age, disease or accident shall be deducted from the cost of
maintenance, and the cost of the original investment in establishing
an industrial farm shall not be included. The reasonable value of
services rendered by city prisoners to the extent that such services
inure to the benefit of the county shall be deducted from the average
cost of caring for city prisoners. Cities may, under terms and
conditions suitable to the board of supervisors, be assigned
prisoners for the purposes authorized by Section 36904 of the
Government Code. By mutual agreement between cities and the county,
the rate may be changed from time to time.




4125. Each person in custody on any industrial farm or industrial
road camp who is found to have any person or persons dependent on him
for support, as provided in Section 4127, shall be credited with a
sum not to exceed two dollars ($2) for each day of eight hours work
done by him on such farm or camp. Every other person in custody on
an industrial farm or camp shall be credited with a sum not to exceed
one dollar ($1) for each day of eight hours work done by him on such
farm or camp.



4125.1. The board of supervisors may contract with the United
States or the State of California, or any department or agency
thereof, for the performance of work and labor by any person in
custody on any county industrial farm or industrial road camp or
confined in the county jail or branch thereof under a final judgment
of imprisonment rendered in a criminal action or proceeding or as a
condition of probation in the suppression of fires within and upon
the national forests, state parks, or other lands of the United
States or the State of California, or within and upon such other
lands, of whatever ownership, contiguous to, or adjacent to said
state or federal lands, the suppression of fires upon which other
lands affords fire protection to said state or federal lands. Such
payments as may be so contracted for and to be paid by the United
States or by the State of California for the work and labor so
performed by any person so in custody may, by order of the board of
supervisors, be credited in full or in part, and upon such terms and
conditions as the board shall determine, to any such person so in
custody and performing such work and labor, and all in addition to
those credits hereinbefore provided in Section 4125 of this code.
Whenever any such person so in custody shall perform the services
herein specified he shall be subject to workmen's compensation
benefits to the same extent as a county employee, and the board of
supervisors shall provide and cover any such person so in custody,
while performing such services, with accident, death and compensation
insurance as is otherwise regularly provided for employees of the
county.
The term "suppression of fires" as herein used shall include the
construction of firebreaks and other works of improvement for the
prevention and suppression of fire whether or not constructed in the
actual course of suppression of existing fires.



4126. The maximum amount per day to be credited to a person in
custody on an industrial farm or camp shall be fixed from time to
time by the board of supervisors and shall be as large as is
justified by the production on the farm or camp but shall not exceed
the sums mentioned in this article.
The superintendent of an industrial farm may by order cause an
amount less than the maximum per day to be credited to any person
because of lack of effort on the part of the person, the amount
credited to be in proportion to the effort.
The sum to the credit of each person employed upon an industrial
farm upon his discharge shall be paid him in addition to any
transportation charge otherwise paid under this article. Any person
may, by written order, direct the payment of any sums credited to him
under this article to any person dependent upon him or to whom he is
indebted.



4127. The court by whom any person was sentenced may at any time by
written order direct payment of all or any part of the sums to be
credited to any such person under this article to any person or
persons dependent for support on the prisoner. At the time of
sentencing the court shall by making inquiry or taking evidence find
whether or not any person or persons are dependent upon the defendant
for support. A copy of the finding of the court shall be
transmitted to the county classification committee.



4128. Payments authorized under this article to be made to any
person other than the prisoner may be made weekly on any day
designated by the superintendent of the farm or camp.



4129. For the purpose of making the payments designated in this
article the board of supervisors shall by order provide the
superintendent with a revolving fund. Upon order of the board of
supervisors the county auditor shall draw a warrant in favor of the
superintendent of an industrial farm or camp and the county treasurer
shall cash it. Thereafter the superintendent shall receive from the
county general fund upon demands supported by receipts all sums paid
out by him under the provisions of this section and shall return all
sums so received to the revolving fund.
The provisions of Section 29323 of the Government Code are
applicable to a revolving fund established pursuant to this section.



4130. So far as practicable those in custody on an industrial farm
shall be employed in productive labor. The products of an industrial
farm shall be used: first, to maintain the prisoners and employees
on such farm; second, to supply other county institutions having need
of the same with the farm's products; third, to supply the needs of
paupers, incompetents, poor and indigent persons and those
incapacitated by age, disease or accident with whose relief and
support the county is charged.



4131. Subject to regulations adopted by the board of supervisors
the superintendent shall maintain discipline on an industrial farm.
Whenever the superintendent reports to the county classification
committee which assigned any prisoner to an industrial farm or camp
that the prisoner refuses to abide by the rules of the farm or camp
or refuses to work thereon, the committee may make an order
transferring the prisoner to the county jail or city jail for the
unexpired term of his sentence, and all sums credited to the prisoner
shall be forfeited by him unless they have been ordered paid to some
person dependent upon him. Thereafter the committee may reassign
the person to the industrial farm or industrial road camp upon
recommendation of the superintendent of the farm or camp.



4131.5. Every person confined in, sentenced to, or serving a
sentence in, a city or county jail, industrial farm, or industrial
road camp in this state, who commits a battery upon the person of any
individual who is not himself a person confined or sentenced
therein, is guilty of a public offense and is punishable by
imprisonment in a state prison, or in a county jail for not more than
one year.



4133. The boundary of every industrial farm established under the
provisions of this article shall be marked by a fence, hedge or by
some other visible line. Every person confined on any industrial
farm who escapes therefrom or attempts to escape therefrom shall upon
conviction thereof be imprisoned in a state prison, or in the county
jail or industrial farm for not to exceed one year. Any such
imprisonment shall begin at the expiration of the imprisonment in
effect at the time of the escape.



4134. Any board of supervisors which has established or desires to
establish an industrial farm or industrial road camp may at any time
appoint an advisory board to consist of not less than three nor more
than five persons, one member of which shall be a penologist and one
member a physician.


4135. The advisory board shall acquaint itself with the conduct of
the jails in the county, keep itself informed about the
administration of the industrial farm or industrial road camp, and
report its recommendations and suggestions to the board of
supervisors. It may visit any jail within the county, examine the
records thereof, and ascertain whether or not there are any persons
illegally committed to or detained at any jail.
The advisory board shall encourage recreational and educational
activities on the industrial farm.



4136. Sections 4011, 4011.5, 4011.6 and 4011.7 are applicable to
county industrial farms, county industrial road camps, and joint
county road camps established pursuant to this chapter.



4137. The board of supervisors of any county in which a county
industrial farm, industrial road camp, or honor camp has been
established may, by ordinance, authorize the sheriff or any such
person responsible to the board for the care, treatment, and custody
of prisoners assigned to him as sentenced misdemeanants or felons,
serving time as a condition of probation, to remove such prisoners
from the facility to which they have been assigned under custody,
without court order, for purposes such as: private medical, vision,
or dental care, psychological care, vocational services, educational
services, and funerals.

[هيثم الفقى]

Joint County Road Camp Act


4200. This article shall be known and may be cited as the Joint
County Road Camp Act.



4201. Any two or more counties may form a district for the purpose
of requiring all persons confined in the county jails of such
counties, under a final judgment of imprisonment rendered in a
criminal action or proceeding, to perform labor on the public works
or public highways in all or any of such counties, and to maintain
for that purpose one or more joint county road camps in which such
jail prisoners of any or all of said counties may work together.



4202. Any district organized under this article shall have and
exercise the powers expressly granted in this article, together with
such other powers as are reasonably implied therefrom and necessary
and proper to carry out the objects and purposes of this article.




4203. The board of supervisors of any county may initiate
proceedings proposing the creation of a joint district for the
purpose of maintaining a joint county road camp or camps under the
provisions of this article to be composed of two or more counties
having a combined population of not less than 50,000 persons,
according to the official census next preceding the formation of such
district, by the adoption of a resolution reciting the following:
(1) That it will be beneficial to the public interest to create a
joint district wherein persons confined in any county jail within
such district under a final judgment of imprisonment rendered in a
criminal action or proceeding may be required to perform labor on the
public works or ways within said district, and that a joint county
road camp or camps be established and maintained for that purpose.
(2) The names of the counties proposed to be included in the
proposed district which will be benefited by the formation thereof.
(3) That it is proposed to create a joint district for the
establishment and maintenance of a joint county road camp under the
provisions of this article composed of the counties so named.



4204. When adopted certified copies of the resolution provided for
in Section 4203, shall be transmitted to the several clerks of the
boards of supervisors in each of the counties named in the resolution
other than that in which the proceedings are initiated.
Upon the adoption of the resolution provided for in Section 4203,
the board of supervisors of the county adopting the same shall name
and appoint a member of the board to represent the county upon the
board of directors of the joint district proposed to be organized.



4205. Upon receipt of the resolution adopted under Section 4203,
the boards of supervisors of the counties affected and to whom the
same may be directed shall consider the advisability of creating and
organizing a joint district as proposed in said resolution and, upon
determining the facts involved therein, shall severally adopt
resolutions either rejecting or approving the proposal to create such
joint district. Each resolution of approval shall, in addition to
the matter otherwise required therein, also name and appoint the
member of the board of supervisors of the county adopting the
resolution qualified to represent such county upon the board of
directors of the proposed joint district. A certified copy of the
resolution of approval shall be forthwith transmitted to the clerk of
the board of supervisors initiating the proceedings.



4206. The board of supervisors of any county initiating proceedings
for the creation of a joint district under this article shall, after
the receipt of a copy of the resolution approving the proposal to
form such district as provided in Section 4205 from the board of
supervisors of each county proposed to be included within any such
joint district, adopt a resolution declaring the creation and
organization of said joint district and setting forth the names of
the counties composing said district. A certified copy of the
resolution shall be transmitted to and filed with the Secretary of
State, whereupon the joint district shall be deemed created and
organized and shall exercise all the powers granted in this article
and shall bear the name and designation of "Joint County Road Camp
District No. ________ of the State of California."



4207. All districts organized under this article shall be numbered
in the order of their creation, the number to be assigned to said
district forthwith upon the organization thereof by the Secretary of
State, and the Secretary of State shall keep and maintain in his
office a list and register showing the joint county road camp
districts organized under this article.



4208. The Secretary of State shall furnish and transmit to the
clerk of the board of supervisors of the county adopting the initial
resolution for the organization of any district under this article a
certificate of the organization of the same. Upon receipt of the
certificate the clerk shall within 10 days send a certified copy of
the certificate to each of the clerks of the several boards of
supervisors of the counties constituting the district, and shall also
within the time specified in this section notify each supervisor
appointed as a member of the board of directors of the district of
such fact and of the time and place of the first meeting of the board
of directors of the district. The time and place of the meeting
shall be fixed and determined by the clerk of the board adopting the
initial resolution, but said time of meeting shall be within 30 days
after the date of mailing notices thereof. The necessary expense
incurred by supervisors in attending and in going to and coming from
any meeting of the board of directors of the district shall
constitute a county charge of their respective counties.




4209. The body formed under Section 4208 shall be called the board
of directors of such district.



4210. The delegates from each county may enter into an agreement
with the other counties for and on behalf of the county appointing
them, binding said counties to the joint enterprise provided for in
this article and apportioning the cost of establishing and
maintaining a road camp or camps, such cost to be apportioned on the
basis of the population of the respective counties as determined by
the official declaration of the State Legislature determining the
population of counties next preceding such apportionment.



4211. All sums found due from any county according to the
provisions of this article are a debt against said county, and may be
collected in the manner provided by law by the said board of
directors of a district formed under this article, or, in its behalf,
by the board of supervisors of any county in the district by an
action instituted and tried in any county in the district in which
the same may be first filed.



4212. The board of directors may establish the road camp or camps
provided for in this article, and may furnish such camp or camps with
the necessary personnel and equipment to transport, feed, clothe,
shelter and lodge the prisoners who shall work therein and with the
necessary hand tools and appliances for their work, and may employ
one or more persons to supervise the camp and the work of the
prisoners.



4213. Each county in a district formed under this article shall pay
from its general fund its proportionate share to the board of
directors of such amount as the board may designate to constitute a
cash revolving fund to carry on the work and expense of maintaining
such camp or camps. Each month a statement of the expense of the
camp shall be sent to the board of supervisors of each county in the
district, together with a claim for its proportionate share of
expenses. Amounts when received shall be paid into the cash
revolving fund.


4214. Within 15 days after any person is confined in the county
jail of any county within a district under a final judgment of
imprisonment rendered in a criminal action or proceeding, the county
parole commissioners of such county shall meet and determine whether
he should be paroled to work in the joint county road camps
established under this article. If it appears to the commissioners
that a prisoner is a fit subject for parole to a camp formed under
this article, they shall forthwith parole him with the requirement
that he perform labor in such joint county road camp wherever it may
then be situated, or may thereafter be moved to during his term of
imprisonment, and he shall forthwith be transferred by the sheriff of
the county in which he is confined to said road camp at the expense
of the county in which he was sentenced to imprisonment.



4215. The boards of directors of joint county road camp districts
may contract with the State Department of Public Works for the
employment of jail prisoners in the construction, improvement, or
maintenance of any portion of any state highway now existing, to be
constructed, or under construction within said district and may also
contract with any board of supervisors or with any supervisor of any
road district, within said district, for the employment of jail
prisoners on any county road or county public work within any county
or road district lying within any district created under this
article.


4216. When the prisoners of a road camp are engaged in the
construction or maintenance of any portion of the state highway the
expense of maintaining them together with the compensation of such
prisoners fixed by the board of directors as provided in this
article, and the expense of supervision and maintenance of the road
camp and the prisoners thereof, shall be paid for by the district and
the State Department of Public Works upon such terms and in such
proportions as may be agreed upon by the Department of Public Works
and the district.


4217. Any money expended by the Department of Public Works under
the provisions of this article shall be taken from any funds
available for the construction or maintenance of the highway upon
which the prisoners of the district labor.


4218. The State Department of Public Works may contract with the
boards of directors of the joint districts created under this article
for all the purposes stated in this article.



4219. When a joint road camp, and the prisoners thereof, are
employed in the construction or maintenance of any county way, road
or public work, the total expense of maintenance, operation and
supervision, of said camp, and the compensation of the prisoners
thereof shall be paid for from any funds which may be available for
the construction or maintenance of such road, highway or other public
works on which said prisoners are employed, or from the county
general fund upon a four-fifths vote of the board of supervisors of
said county.


4220. All payments provided for in Section 4219 shall be made by
warrants drawn on the proper fund in favor of "Joint County Road Camp
District No. ________" (inserting the number assigned by the
Secretary of State), and shall become a portion of the revolving fund
provided for in this article.



4221. Whenever the revolving fund provided for in this article
after payment of all bills due against a district exceeds twenty
thousand dollars ($20,000) or exceeds such lesser sum as the board of
directors shall determine to be a sufficient working fund for the
purposes of this article, the board shall apportion such surplus to
be repaid to the counties forming the district, in the same
proportion in which they are required to contribute to the revolving
fund in the first instance, the payments to go into the county
general funds of such counties.


4222. The board of directors may make such rules as it deems proper
for the government of camps and the conduct of prisoners therein and
may fix a reasonable compensation, not to exceed seventy-five cents
($0.75) per day, for each prisoner performing labor in a camp.



4223. Each prisoner shall be charged with the cost of all tools and
appliances for the performance of labor which are furnished to him,
and upon his release or discharge from a camp, he shall deliver to
the superintendent thereof all tools and appliances for which he is
charged and shall thereupon be entitled to full credit for the cost
of the tools and appliances so returned. The cost of any appliances
and tools not returned as provided in this section shall be deducted
from the compensation due the prisoner.



4224. All sums earned by any prisoner may be retained until he has
completed his sentence, or until he is released or discharged, and
shall thereupon be paid to him. If any prisoner has dependents, his
compensation shall be paid to such dependents monthly as earned.



4225. The board of supervisors of any county not included within
any joint county road camp district, and having a population of
150,000 or more persons, may establish and maintain a county road
camp as provided in this article, and may provide a board of
directors thereof, by passing the resolution and receiving the
certificate of organization provided for in this article.



4226. The board of supervisors of any county covered by Section
4225 shall nominate three of its members to serve as directors of the
district formed thereunder, and such directors shall have and
exercise all the powers and perform all the duties granted to and
imposed by this article upon boards of directors of joint county road
camp districts, and such county shall constitute, and be recognized
and dealt with in all respects as a joint county road camp district
within the meaning of this article.



4227. A joint county road camp district formed under this article
may be dissolved in the following manner:
1. The board or boards of supervisors of a county or counties
containing more than fifty percent (50%) of the population of the
entire district shall by a unanimous vote adopt a resolution stating
that the existence of a county road camp is no longer desirable for
the public welfare and announcing the intention to withdraw therefrom
and to dissolve said district.
2. The resolution or resolutions so adopted shall be communicated
to the clerks of the boards of supervisors of all the counties
comprising the district and also to the Secretary of State.
3. If it appears that the resolution was unanimously adopted by
the board or boards of supervisors in the counties desiring to
withdraw, and that such county or counties contain more than fifty
percent (50%) of the entire population in the district, the Secretary
of State shall thereupon certify to the clerks of the boards of
supervisors of the counties composing the district that the district
is dissolved.
4. Thereupon the board of directors of the district shall within
90 days:
(a) Abolish the road camp or camps;
(b) Return all prisoners therein to their respective county jails;

(c) Dispose of all equipment belonging to said camp or camps and
the district;
(d) Render an accounting to the clerks of the boards of
supervisors of the counties composing such district of all sums of
money received and paid out since their last previous accounting,
including the balance of revolving fund on hand at said last previous
accounting;
(e) Apportion and repay to said counties all sums of money then
remaining in their hands, and they shall thereupon be relieved of
further responsibility in said matter.

[هيثم الفقى]

Advisory Committees for Adult Detention Facilities


4300. The board of supervisors may establish in each county a
county advisory committee on adult detention.



4301. There shall be 6, 9, or 12 members of the committee.
One-third shall be appointed by the board of supervisors, one-third
by the sheriff, and one-third by the presiding judge of the superior
court. Of the members appointed by the presiding judge, one shall be
a member of the State Bar.



4302. The members of the committee shall hold office for four
years, and until their successors are appointed and qualify. Of
those first appointed by the sheriff, superior court judge, and the
board of supervisors, one shall hold office for two years, and one
for four years; and the respective terms of the members first
appointed shall be determined by lot as soon as possible after their
appointment. When a vacancy occurs in the committee by expiration of
the term of office of any member thereof, his successor shall be
appointed to hold office for a term of four years. When a vacancy
occurs for any other reason, the appointee shall hold office for the
unexpired term of his predecessor.



4303. Members of the committee shall serve without compensation,
but shall be allowed their reasonable expenses as approved by the
presiding judge of the superior court. The expenses shall be a
charge upon the county in which the court has jurisdiction, and shall
be paid out of the county treasury upon a written order of the
presiding judge of the superior court directing the county auditor to
draw a warrant upon the county treasurer for the specified amount of
such expenses. All orders by the presiding judge upon the county
treasurer shall be filed in duplicate with the county board of
supervisors and sheriff.


4304. The committee shall file a report within 90 days after the
thirty-first day of December of the calendar year for which such
report is made, copies of which shall be filed with the county board
of supervisors, the presiding judge, the sheriff, the Board of
Corrections, and the Attorney General.



4305. The committee shall annually inspect the city and county
adult detention facilities. Such inspection shall be concerned with
the conditions of inmate employment, detention, care, custody,
training, and treatment on the basis of, but not limited to, the
minimum standards established by the Board of Corrections. A report
of such visitations together with pertinent recommendations shall be
annually filed in accordance with the provisions of Section 4304 of
this code.

[هيثم الفقى]

PILOT JAIL INDUSTRY PROGRAMS


4325. The board of supervisors of a county of the ninth class or
the 19th class, as described in Sections 28030 and 28040,
respectively, of the Government Code, or both county boards, with the
concurrence of the sheriff of the county, may establish by ordinance
or resolution, a Jail Industry Commission for that county, which
commission shall have the same purposes, powers, and duties with
respect to the county jail as the Prison Industry Authority has under
Article 1 (commencing with Section 2800) of Chapter 6 of Title 1
with respect to institutions under the jurisdiction of the Department
of Corrections. As used in this chapter, "commission" means a Jail
Industry Commission.



4326. The commission shall be composed of nine members, four of
whom shall be appointed by, and serve at the pleasure of, the board
of supervisors, and three of whom shall be appointed by, and serve at
the pleasure of, the sheriff. The chairperson of the board of
supervisors or his or her designee shall also be a member. The
sheriff shall be ex officio chairperson of the commission.
The board of supervisors shall provide for the compensation of
members of the commission, and shall provide for the meetings,
support staff, and general operations of the commission.




4327. Upon the establishment of the commission, the board of
supervisors shall establish a Jail Industries Fund, which may be a
revolving fund, for funding the operations of the commission. All
jail industry income shall be deposited in, and any prisoner
compensation shall be paid to the account of the prisoner from, the
Jail Industries Fund.



4328. Funds in a Jail Industries Fund may only be used for the
operation or expansion of the jail industry program or to cover
operating and construction costs of county detention facilities, and
may not be transferred to the county general fund.




4329. No commission established pursuant to Section 4325 or any
county jail industry program conducted under the authority of a
commission, shall remain in existence for more than four years from
the date of its establishment

[هيثم الفقى]

BLOOD DONATIONS
4350. This chapter applies to prisoners confined in city, county,
or city and county jails, or industrial farms or road camps
established pursuant to this title, who are under a sentence of 30
days or more.


4351. Any prisoner, to whom this chapter applies, may voluntarily
donate blood to a blood bank duly licensed by the State Department of
Public Health. Prior to blood donation the prisoner shall be given
an examination with all clothes removed by a physician and surgeon of
the blood bank to whom blood is to be donated, and donations shall
be refused unless such physician shall find the prisoner to be a
suitable person for blood donation. No more than one such donation
shall be permitted during any 72-day period.

[هيثم الفقى]

COUNTY JAIL CAPITAL EXPENDITURE BOND ACT OF 1981
FINDINGS AND DECLARATIONS


4400. This title shall be known and may be cited as the County Jail
Capital Expenditure Bond Act of 1981.



4401. It is found and declared that:
(a) Numerous county jails throughout California are dilapidated
and overcrowded.
(b) Capital improvements are necessary to protect life and safety
of the persons confined or employed in jail facilities and to upgrade
the health and sanitary conditions of such facilities.
(c) County jails are threatened with closure or the imposition of
court supervision if health and safety deficiencies are not corrected
immediately.
(d) Due to fiscal constraints associated with the loss of local
property tax revenues, counties are unable to finance the
construction of adequate jail facilities.
(e) A 1980 survey authorized by the State Board of Corrections
concluded that more than two hundred million dollars ($200,000,000)
would be necessary merely to bring county and city jails up to the
standards in effect when they were built. Subsequent hearings by the
Senate Judiciary Committee's Subcommittee on Corrections concluded
that at least five hundred million dollars ($500,000,000) would be
necessary to bring such facilities up to present standards, without
allowing for inflationary increases in construction costs in ensuing
years.
(f) Imposition of limits on taxing powers of local agencies,
imposed by Proposition 13 and other measures, has severely limited
ability of local jurisdictions to raise funds for jail construction
or renovation, though the need for such facilities is increasing.

[هيثم الفقى]

FISCAL PROVISIONS


4410. The State General Obligation Bond Law is adopted for the
purpose of the issuance, sale, and repayment of, and otherwise
providing with respect to, the bonds authorized to be issued pursuant
to this title, and the provisions of that law are included in this
title as though set out in full in this chapter except that,
notwithstanding anything in the State General Obligation Bond Law,
the maximum maturity of the bonds shall not exceed 20 years from the
date of each respective series. The maturity of each respective
series shall be calculated from the date of such series.



4411. As used in this title, and for the purpose of this title, the
following words shall have the following meanings:
(a) "Committee" means the County Jail Capital Expenditure Finance
Committee created by Section 4413.
(b) "Fund" means the County Jail Expenditure Fund.



4412. There is in the State Treasury the County Jail Capital
Expenditure Fund, which fund is hereby created.



4413. For the purpose of authorizing the issuance and sale,
pursuant to the State General Obligation Bond Law, of the bonds
authorized by this title, the County Jail Capital Expenditure Finance
Committee is hereby created. The committee consists of the Governor
or his designated representative, the Controller, the Treasurer, and
the Director of Finance. The County Jail Capital Expenditure
Committee shall be the "committee" as that term is used in the State
General Obligation Bond Law, and the Treasurer shall serve as
chairman of the committee. The Board of Corrections is hereby
designated as "the board" for purposes of this title and for the
purposes of the State General Obligation Bond Law.



4414. The committee is hereby authorized and empowered to create a
debt or debts, liability or liabilities, of the State of California,
in the aggregate amount of two hundred eighty million dollars
($280,000,000), in the manner provided in this title. Such debt or
debts, liability or liabilities, shall be created for the purpose of
providing the funds to be used for the object and work specified in
Section 4415 and for administrative costs incurred in connection
therewith.



4415. Moneys in the fund shall be available for expenditure in
accordance with this title by the Board of Corrections. Prior to the
disbursement of any money in the fund, the board and the appropriate
subcommittees of the Senate Committee on Criminal Procedure and of
the Assembly Committee on Public Safety shall reexamine the factors
specified in subdivisions (a) and (b) to determine whether they are
still suitable and applicable to the distribution of the proceeds of
the bonds authorized by this title. Moneys in the fund shall be
available for expenditure for the following purposes:
(a) For the construction, reconstruction, remodeling, and
replacement of county jail facilities, and the performance of
deferred maintenance activities on the facilities pursuant to rules
and regulations adopted by the Board of Corrections, in accordance
with Section 6029.1. No expenditure shall be made unless county
matching funds of 25 percent are provided.
(b) In performing the duties set forth in subdivision (a), the
Board of Corrections shall consider all of 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 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.
(3) The extent to which the county has utilized reasonable
alternatives to pre-conviction 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.



4416. (a) When sold, the bonds authorized by this title shall
constitute valid and legally binding general obligations of the State
of California, and the full faith and credit of the State of
California is hereby pledged for the punctual payment of both
principal and interest thereon.
(b) There shall be collected annually in the same manner and at
the same time as other state revenue is collected such a sum, in
addition to the ordinary revenues of the state, as shall be required
to pay the interest and principal on the bonds maturing each year,
and it is hereby made the duty of all officers charged by law with
any duty in regard to the collection of the revenue to do and perform
each and every act which shall be necessary to collect that
additional sum.
(c) All money deposited in the fund which has been derived from
premium and accrued interest on bonds sold shall be available for
transfer to the General Fund as a credit to expenditures for bond
interest.



4417. All money deposited in the fund pursuant to any provision of
law requiring repayments to the state for assistance financed by the
proceeds of the bonds authorized by this title shall be available for
transfer to the General Fund. When transferred to the General Fund
such money shall be applied as a reimbursement to the General Fund on
account of principal and interest on the bonds which has been paid
from the General Fund.



4418. There is hereby appropriated from the General Fund in the
State Treasury for the purpose of this title, such an amount as will
equal the following:
(a) That sum annually as will be necessary to pay the principal of
and the interest on the bonds issued and sold pursuant to the
provisions of this title, as principal and interest become due and
payable.
(b) That sum as is necessary to carry out the provisions of
Section 4419, which sum is appropriated without regard to fiscal
years.



4419. For the purpose of carrying out the provisions of this title,
the Director of Finance may by executive order authorize the
withdrawal from the General Fund of an amount or amounts not to
exceed the amount of the unsold bonds which the committee has by
resolution authorized to be sold for the purpose of carrying out this
title. Any amounts withdrawn shall be deposited in the fund and
shall be disbursed by the board in accordance with this title. Any
money made available under this section to the board shall be
returned by the board to the General Fund from moneys received from
the sale of bonds sold for the purpose of carrying out this title.
Such withdrawals from the General Fund shall be returned to the
General Fund with interest at the rate which would have otherwise
been earned by such sums in the Pooled Money Investment Fund.



4419.5. Notwithstanding any other provision of this bond act, or of
the State General Obligation Bond Law (Chapter 4 (commencing with
Section 16720) of Part 3 of Division 4 of Title 2 of the Government
Code), if the Treasurer sells bonds pursuant to this bond act that
include a bond counsel opinion to the effect that the interest on the
bonds is excluded from gross income for federal tax purposes under
designated conditions, the Treasurer may maintain separate accounts
for the bond proceeds invested and the investment earnings on those
proceeds, and may use or direct the use of those proceeds or earnings
to pay any rebate, penalty, or other payment required under federal
law, or take any other action with respect to the investment and use
of those bond proceeds, as may be required or desirable under federal
law in order to maintain the tax-exempt status of those bonds and to
obtain any other advantage under federal law on behalf of the funds
of this state.



4420. The committee may authorize the State Treasurer to sell all
or any part of the bonds herein authorized at such time or times as
may be fixed by the Treasurer.



4421. All proceeds from the sale of bonds, except those derived
from premiums and accrued interest, shall be available for the
purpose provided in Section 4415 but shall not be available for
transfer to the General Fund to pay principal and interest on bonds.
The money in the fund may be expended only as herein provided.




4422. All proposed appropriations for the projects specified in
this title, shall be included in a section in the Budget Bill for the
1982-83 and each succeeding fiscal year, for consideration by the
Legislature. All appropriations shall be subject to all limitations
enacted in the Budget Act and to all fiscal procedures prescribed by
law with respect to the expenditures of state funds, unless expressly
exempted from such laws by a statute enacted by the Legislature. No
funds derived from the bonds authorized by this title may be
expended pursuant to an appropriation not contained in such section
of the Budget Act.

[هيثم الفقى]

COUNTY JAIL CAPITAL EXPENDITURE BOND ACT OF 1984
FINDINGS AND DECLARATIONS


4450. This title shall be known and may be cited as the County Jail
Capital Expenditure Bond Act of 1984.



4451. It is found and declared that:
(a) While the County Jail Capital Expenditure Bond Act of 1981 has
helped eliminate many of the critically overcrowded conditions found
in the 164 county jail facilities in the state, many problems
remain.
(b) Numerous county jails throughout California are dilapidated
and overcrowded.
(c) Capital improvements are necessary to protect life and safety
of the persons confined or employed in jail facilities and to upgrade
the health and sanitary conditions of those facilities.
(d) County jails are threatened with closure or the imposition of
court supervision if health and safety deficiencies are not corrected
immediately.
(e) Due to fiscal constraints associated with the loss of local
property tax revenues, counties are unable to finance the
construction of adequate jail facilities.
(f) Imposition of limits on taxing powers of local agencies,
imposed by Proposition 13 and other measures, has severely limited
the ability of local jurisdictions to raise funds for jail
construction or renovation, though the need for such facilities is
increasing.

[هيثم الفقى]

FISCAL PROVISIONS
4460. The State General Obligation Bond Law is adopted for the
purpose of the issuance, sale, and repayment of, and otherwise
providing with respect to, the bonds authorized to be issued
pursuant to this title, and the provisions of that law are included
in this title as though set out in full in this chapter except that,
notwithstanding anything in the State General Obligation Bond Law,
the maximum maturity of the bonds shall not exceed 20 years from the
date of each respective series. The maturity of each respective
series shall be calculated from the date of these series.



4461. As used in this title, and for the purpose of this title, the
following words shall have the following meanings:
(a) "Committee" means the County Jail Capital Expenditure Finance
Committee created by Section 4463.
(b) "Fund" means the County Jail Expenditure Fund.



4462. There is in the State Treasury the County Jail Capital
Expenditure Fund, which fund is hereby created.



4463. For the purpose of authorizing the issuance and sale,
pursuant to the State General Obligation Bond Law, of the bonds
authorized by this title, the County Jail Capital Expenditure Finance
Committee is hereby created. The committee consists of the Governor
or his or her designated representative, the Controller, the
Treasurer, and the Director of Finance. The County Jail Capital
Expenditure Committee shall be the "committee" as that term is used
in the State General Obligation Bond Law, and the Treasurer shall
serve as chairman of the committee. The Board of Corrections is
hereby designated as "the board" for purposes of this title and for
the purposes of the State General Obligation Bond Law.



4464. The committee is hereby authorized and empowered to create a
debt or debts, liability or liabilities, of the State of California,
in the aggregate amount of two hundred fifty million dollars
($250,000,000), in the manner provided in this title. Such debt or
debts, liability or liabilities, shall be created for the purpose of
providing the funds to be used for the object and work specified in
Section 4465 and for administrative costs incurred in connection
therewith.


4465. Moneys in the fund shall be available for the construction,
reconstruction, remodeling, and replacement of county jail
facilities, and the performance of deferred maintenance on county
jail facilities pursuant to criteria adopted by the Legislature.




4465.3. Money in the fund shall be allocated in accordance with the
provisions of Chapter 444 of the Statutes of 1984.



4465.5. During the design and planning stage for county jail
facilities whose construction, reconstruction, or remodeling is
financed by the fund, consideration shall be given to proper design
to allow for areas where persons arrested for misdemeanors who are
attempting to obtain release on bail can be safely accommodated
without the necessity of unclothed body searches.



4466. (a) When sold, the bonds authorized by this title shall
constitute valid and legally binding general obligations of the State
of California, and the full faith and credit of the State of
California is hereby pledged for the punctual payment of both
principal and interest thereon.
(b) There shall be collected annually in the same manner and at
the same time as other state revenue is collected such a sum, in
addition to the ordinary revenues of the state, as shall be required
to pay the interest and principal on the bonds maturing each year,
and it is hereby made the duty of all officers charged by law with
any duty in regard to the collection of the revenue to do and perform
each and every act which shall be necessary to collect that
additional sum.
(c) All money deposited in the fund which has been derived from
premium and accrued interest on bonds sold shall be available for
transfer to the General Fund as a credit to expenditures for bond
interest.



4467. All money deposited in the fund pursuant to any provision of
law requiring repayments to the state for assistance financed by the
proceeds of the bonds authorized by this title shall be available for
transfer to the General Fund. When transferred to the General Fund,
this money shall be applied as a reimbursement to the General Fund
on account of principal and interest on the bonds which have been
paid from the General Fund.



4468. There is hereby appropriated from the General Fund in the
State Treasury for the purpose of this title, such an amount as will
equal the following:
(a) That sum annually as will be necessary to pay the principal of
and the interest on the bonds issued and sold pursuant to the
provisions of this title, as principal and interest become due and
payable.
(b) That sum as is necessary to carry out the provisions of
Section 4469, which sum is appropriated without regard to fiscal
years.



4469. For the purpose of carrying out the provisions of this title,
the Director of Finance may by executive order authorize the
withdrawal from the General Fund of an amount or amounts not to
exceed the amount of the unsold bonds which the committee has by
resolution authorized to be sold for the purpose of carrying out this
title. Any amounts withdrawn shall be deposited in the fund and
shall be disbursed by the board in accordance with this title. Any
money made available under this section to the board shall be
returned by the board to the General Fund from moneys received from
the sale of bonds sold for the purpose of carrying out this title.
These withdrawals from the General Fund shall be returned to the
General Fund with interest at the rate which would have otherwise
been earned by these sums in the Pooled Money Investment Fund.



4470. The committee may authorize the Treasurer to sell all or any
part of the bonds herein authorized at such time or times as may be
fixed by the Treasurer.



4471. All proceeds from the sale of bonds, except those derived
from premiums and accrued interest, shall be available for the
purpose provided in Section 4465 but shall not be available for
transfer to the General Fund to pay principal and interest on bonds.
The money in the fund may be expended only as herein provided.

[هيثم الفقى]

COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE
BOND ACT OF 1986
FINDINGS AND DECLARATIONS


4475. This title shall be known and may be cited as the County
Correctional Facility Capital Expenditure Bond Act of 1986.



4476. It is found and declared that:
(a) While the County Jail Capital Expenditure Bond Act of 1981 and
the County Jail Capital Expenditure Bond Act of 1984 have helped
eliminate many of the critically overcrowded conditions found in the
164 county jail facilities in the state, many problems remain.
(b) Numerous county jails and juvenile facilities throughout
California are dilapidated and overcrowded.
(c) Capital improvements are necessary to protect life and safety
of the persons confined or employed in jail facilities and to upgrade
the health and sanitary conditions of those facilities.
(d) County jails are threatened with closure or the imposition of
court supervision if health and safety deficiencies are not corrected
immediately.
(e) Due to fiscal constraints associated with the loss of local
property tax revenues, counties are unable to finance the
construction of adequate jail and juvenile facilities.
(f) Local facilities for adults and juveniles are operating over
capacity and the population of these facilities is still increasing.
It is essential to the public safety that construction of new
facilities proceed as expeditiously as possible to relieve
overcrowding and to maintain public safety and security.

[هيثم الفقى]

FISCAL PROVISIONS


4480. The State General Obligation Bond Law is adopted for the
purpose of the issuance, sale, and repayment of, and otherwise
providing with respect to, the bonds authorized to be issued pursuant
to this title, and the provisions of that law are included in this
title as though set out in full in this chapter except that,
notwithstanding anything in the State General Obligation Bond Law,
the maximum maturity of the bonds shall not exceed 20 years from the
date of each respective series. The maturity of each respective
series shall be calculated from the date of these series.



4481. As used in this title, and for the purpose of this title, the
following words shall have the following meanings:
(a) "Committee" means the 1986 County Correctional Facility
Capital Expenditure Finance Committee created by Section 4483.
(b) "Fund" means the 1986 County Correctional Facility Expenditure
Fund.
(c) "County juvenile facilities" means county juvenile halls,
juvenile homes, ranches, or camps, and other juvenile detention
facilities.


4482. There is in the State Treasury the 1986 County Correctional
Facility Capital Expenditure Fund, which fund is hereby created.



4483. For the purpose of authorizing the issuance and sale,
pursuant to the State General Obligation Bond Law, of the bonds
authorized by this title, the 1986 County Correctional Facility
Capital Expenditure Finance Committee is hereby created. The
committee consists of the Governor or his or her designated
representative, the Controller, the Treasurer, and the Director of
Finance. The County Correctional Facility Capital Expenditure
Committee shall be the "committee" as that term is used in the State
General Obligation Bond Law, and the Treasurer shall serve as
chairman of the Committee. The Board of Corrections is hereby
designated as "the board" for purposes of this title and for the
purposes of the State General Obligation Bond Law.



4484. The committee is hereby authorized and empowered to create a
debt or debts, liability or liabilities, of the State of California,
in the aggregate amount of four hundred ninety-five million dollars
($495,000,000), in the manner provided in this title. That debt or
debts, liability or liabilities, shall be created for the purpose of
providing the funds to be used for the object and work specified in
Section 4485 and for administrative costs incurred in connection
therewith.



4485. Moneys in the fund may be available for the construction,
reconstruction, remodeling, and replacement of county jail
facilities, including, but not limited to, separate facilities for
care of mentally ill inmates and persons arrested because of
intoxication, and the performance of deferred maintenance on county
jail facilities except that up to twenty million dollars
($20,000,000) of the money in the fund shall be available for the
construction, reconstruction, remodeling, and replacement of county
juvenile facilities, and the performance of deferred maintenance on
county juvenile facilities. However, deferred maintenance for jails
and juvenile facilities shall only include items with a useful life
of at least 10 years.
Expenditure shall be made only if county matching funds of 25
percent are provided as determined by the Legislature, except that
this requirement may be modified or waived by the Legislature where
it determines that it is necessary to facilitate the expeditious and
equitable construction of state and local correctional facilities.



4485.5. During the design and planning stage for county jail
facilities whose construction, reconstruction, or remodeling is
financed by the fund, consideration shall be given to proper design
to allow for areas where persons arrested for misdemeanors who are
attempting to obtain release on bail can be safely accommodated
without the necessity of unclothed body searches.



4485.6. In order to be eligible to receive funds derived from the
issuance of General Obligation Bonds under this title, a county shall
do all of the following:
(a) Adopt a plan to prohibit the detention of all juveniles in
county jails unless otherwise authorized by law.
(b) Demonstrate that it has adequate facilities for mentally ill
inmates or detainees and for those persons arrested because of
inebriation, or demonstrate that it has a plan for the provision of
services to these persons.
(c) Demonstrate that it has utilized, to the greatest practicable
extent, alternatives to jail incarceration such as sheriff's work
release under Section 4024. 2, own recognizance release, and weekend
work programs.



4485.7. Moneys in the fund may be available for construction of
joint-use correctional facilities housing county and state or federal
prisoners or any combination thereof in proportion to the county's
benefit.


4486. (a) When sold, the bonds authorized by this title shall
constitute valid and legally binding general obligations of the State
of California, and the full faith and credit of the State of
California is hereby pledged for the punctual payment of both
principal and interest thereon.
(b) There shall be collected annually in the same manner and at
the same time as other state revenue is collected such a sum, in
addition to the ordinary revenues of the state, as shall be required
to pay the interest and principal on the bonds maturing each year,
and it is hereby made the duty of all officers charged by law with
any duty in regard to the collection of the revenue to do and perform
each and every act which shall be necessary to collect that
additional sum.
(c) All money deposited in the fund which has been derived from
premium and accrued interest on bonds sold shall be available for
transfer to the General Fund as a credit to expenditures for bond
interest.



4487. All money deposited in the fund pursuant to any provision of
law requiring repayments to the state for assistance financed by the
proceeds of the bonds authorized by this title shall be available
for transfer to the General Fund. When transferred to the General
Fund, this money shall be applied as a reimbursement to the General
Fund on account of principal and interest on the bonds which have
been paid from the General Fund.



4488. There is hereby appropriated from the General Fund in the
State Treasury for the purpose of this title such an amount as will
equal the following:
(a) That sum annually as will be necessary to pay the principal of
and the interest on the bonds issued and sold pursuant to the
provisions of this title, as principal and interest become due and
payable.
(b) That sum as is necessary to carry out the provisions of
Section 4489, which sum is appropriated without regard to fiscal
years.



4489. For the purpose of carrying out the provisions of this title,
the Director of Finance may by executive order authorize the
withdrawal from the General Fund of an amount or amounts not to
exceed the amount of the unsold bonds which the committee has by
resolution authorized to be sold for the purpose of carrying out this
title. Any amounts withdrawn shall be deposited in the fund and
shall be disbursed by the board in accordance with this title. Any
money made available under this section to the board shall be
returned by the board to the General Fund from moneys received from
the sale of bonds sold for the purpose of carrying out this title.
These withdrawals from the General Fund shall be returned to the
General Fund with interest at the rate which would have otherwise
been earned by these sums in the Pooled Money Investment Fund.



4489.5. Notwithstanding any other provision of this bond act, or of
the State General Obligation Bond Law (Chapter 4 (commencing with
Section 16720) of Part 3 of Division 4 of Title 2 of the Government
Code), if the Treasurer sells bonds pursuant to this bond act that
include a bond counsel opinion to the effect that the interest on the
bonds is excluded from gross income for federal tax purposes under
designated conditions, the Treasurer may maintain separate accounts
for the bond proceeds invested and the investment earnings on those
proceeds, and may use or direct the use of those proceeds or earnings
to pay any rebate, penalty, or other payment required under federal
law, or take any other action with respect to the investment and use
of those bond proceeds, as may be required or desirable under federal
law in order to maintain the tax-exempt status of those bonds and to
obtain any other advantage under federal law on behalf of the funds
of this state.



4490. The committee may authorize the Treasurer to sell all or any
part of the bonds herein authorized at such time or times as may be
fixed by the Treasurer.



4491. All proceeds from the sale of bonds, except those derived
from premiums and accrued interest, shall be available for the
purpose provided in Section 4485 but shall not be available for
transfer to the General Fund to pay principal and interest on bonds.
The money in the fund may be expended only as herein provided.




4492. Notwithstanding Section 16305.7 of the Government Code, all
interest or other increment resulting from the investment of moneys
deposited in the fund shall be credited to the fund.



4493. Money in the fund may only be expended for projects specified
in this title as allocated in appropriations made by the
Legislature.


4494. (a) It is the intent of the people in enacting this bond act
that jail authorization and construction proceed as quickly as
possible. Due to the severe shortage of jail facilities and the need
to begin construction of jail facilities as soon as possible, all
decisions of the board regarding construction, reconstruction,
remodeling, or replacement of jail facilities financed by this title
shall be final.
(b) No court shall have jurisdiction over these decisions of the
board absent a showing, beyond a reasonable doubt, of a gross abuse
of discretion by the board.
(c) Should an action be commenced alleging gross abuse of
discretion by the board, no court shall have jurisdiction to delay,
prohibit, or interfere with the construction, reconstruction,
remodeling, or replacement of the subject jail facilities. The sole
remedy available to the court is a mandate that steps be taken to
mitigate the abuse of discretion.
(d) Nothing in this title is intended in any way to delay,
prohibit, or interfere with the construction of jail facilities.



4495. If any provision of this title, or the application thereof,
is held to be invalid, that invalidity shall not affect the other
provisions or applications of the title which can be given effect
without the invalid provision or application, and to this end the
provisions of this title are severable.

[هيثم الفقى]

COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE
AND YOUTH FACILITY BOND ACT OF 1988
GENERAL PROVISIONS

4496.04. As used in this title, the following terms have the
following meanings:
(a) "Committee" means the 1988 County Correctional Facility
Capital Expenditure and Youth Facility Finance Committee created
pursuant to Section 4496.34.
(b) "Fund" means the 1988 County Correctional Facility Capital
Expenditure and Youth Facility Bond Fund created pursuant to Section
4496.10.
(c) "County correctional facilities" means county jail facilities,
including separate facilities for the care of mentally ill inmates
and persons arrested because of intoxication, but does not include
county juvenile facilities.
(d) "County juvenile facilities" means county juvenile halls,
juvenile homes, ranches, or camps, and other juvenile detention
facilities.
(e) "Youth center" means a facility where children, ages 6 to 17,
inclusive, come together for programs and activities, including, but
not limited to, recreation, health and fitness, delinquency
prevention such as antigang programs and programs fostering
resistance to peer group pressures, counseling for problems such as
drug and alcohol abuse and suicide, citizenship and leadership
development, and youth employment.
(f) "Youth shelter" means a facility that provides a variety of
services to homeless minors living on the street or abused and
neglected children to assist them with their immediate survival needs
and to help reunite them with their parents or, as a last
alternative, to find a suitable home.

[هيثم الفقى]

PROGRAM

4496.10. The proceeds of bonds issued and sold pursuant to this
chapter shall be deposited in the 1988 County Correctional Facility
Capital Expenditure and Youth Facility Bond Fund, which is hereby
created.


4496.12. (a) (1) Moneys in the fund, up to a limit of four hundred
ten million dollars ($410,000,000), may be available for the
construction, reconstruction, remodeling, and replacement of county
correctional facilities, and the performance of deferred maintenance
on county correctional facilities. However, deferred maintenance for
facilities shall only include items with a useful life of at least 10
years.
(2) Moneys in the fund, up to a limit of sixty-five million
dollars ($65,000,000), may be available for the construction,
reconstruction, remodeling, and replacement of county juvenile
facilities, and the performance of deferred maintenance on county
juvenile facilities, but may only be used for the purpose of reducing
overcrowding and eliminating health, fire, and life safety hazards.

(3) Expenditure shall be made only if county matching funds of 25
percent are provided as determined by the Legislature, except that
this requirement may be modified or waived by the Legislature where
it determines that it is necessary to facilitate the expeditious and
equitable construction of state and local correctional facilities.
(b) Moneys in the fund, up to a limit of twenty-five million
dollars ($25,000,000), may be available for the purpose of making
awards to public or private nonprofit agencies or joint ventures, or
a combination of those entities, for purpose of purchasing equipment
and for acquiring, renovating, or constructing youth centers or youth
shelters, as may be provided by statute. Fifteen million dollars
($15,000,000) shall be available for youth centers and ten million
dollars ($10,000,000) shall be available for youth shelters and shall
be distributed by the Department of the Youth Authority. However,
any remaining money that has not been awarded under this subdivision
within two years of the effective date of this title shall be
available for both youth centers and youth shelters.



4496.16. In order to be eligible to receive funds for the purposes
specified in subdivision (a) of Section 4496.12 derived from the
issuance of bonds under this title, a county shall do all of the
following:
(a) Adopt a plan to prohibit the detention of all juveniles in
county jails unless otherwise authorized by law.
(b) Demonstrate that it has adequate facilities for mentally ill
inmates or detainees and for those persons arrested because of
inebriation, or demonstrate that it has a plan for the provision of
services to these persons.
(c) Demonstrate that it has utilized, to the greatest practicable
extent, alternatives to jail incarceration.



4496.17. The Department of the Youth Authority shall administer
funds appropriated for juvenile facilities as specified in paragraph
(2) of subdivision (a) of Section 4496.12.



4496.19. Money in the fund may only be expended for projects
specified in this chapter as allocated in appropriations made by the
Legislature.

[هيثم الفقى]

FISCAL PROVISIONS



4496.30. Bonds in the total amount of five hundred million dollars
($500,000,000), exclusive of refunding bonds, or so much thereof as
is necessary, may be issued and sold to provide a fund to be used for
carrying out the purposes expressed in this title and to be used to
reimburse the General Obligation Bond Expense Revolving Fund pursuant
to Section 16724.5 of the Government Code. The bonds shall, when
sold, be and constitute a valid and binding obligation of the State
of California, and the full faith and credit of the State of
California is hereby pledged for the punctual payment of both
principal of, and interest on, the bonds as the principal and
interest become due and payable.



4496.32. The bonds authorized by this title shall be prepared,
executed, issued, sold, paid, and redeemed as provided in the State
General Obligation Bond Law (Chapter 4 (commencing with Section
16720) of Part 3 of Division 4 of Title 2 of the Government Code),
and all of the provisions of that law apply to the bonds and to this
chapter and are hereby incorporated in this chapter as though set
forth in full in this title.



4496.34. (a) Solely for the purpose of authorizing the issuance and
sale, pursuant to the State General Obligation Bond Law, of the
bonds authorized by this title, the 1988 County Correctional Facility
Capital Expenditure and Youth Facility Finance Committee is hereby
created. For purposes of this title, the finance committee is "the
committee" as that term is used in the State General Obligation Bond
Law. The committee consists of the Governor, the Controller, the
Treasurer, the Director of Finance, or their designated
representatives. A majority of the committee may act for the
committee.
(b) For purposes of the State General Obligation Bond Law, the
Board of Corrections is designated the "board."



4496.36. The committee shall determine whether or not it is
necessary or desirable to issue bonds authorized pursuant to this
chapter in order to carry out the actions specified in Section
4496.12 and, if so, the amount of bonds to be issued and sold.
Successive issues of bonds may be authorized and sold to carry out
those actions progressively, and it is not necessary that all of the
bonds authorized to be issued be sold at any one time.



4496.38. There shall be collected each year and in the same manner
and at the same time as other state revenue is collected, in addition
to the ordinary revenues of the state, a sum in an amount required
to pay the principal of, and interest on, the bonds each year, and it
is the duty of all officers charged by law with any duty in regard
to the collection of the revenue to do and perform each and every act
which is necessary to collect that additional sum.



4496.40. Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated from the General Fund in the State
Treasury, for the purposes of this chapter, an amount that will
equal the total of the following:
(a) The sum annually necessary to pay the principal of, and
interest on, bonds issued and sold pursuant to this chapter, as the
principal and interest become due and payable.
(b) The sum which is necessary to carry out the provisions of
Section 4496.42, appropriated without regard to fiscal years.



4496.42. For the purposes of carrying out this title, the Director
of Finance may authorize the withdrawal from the General Fund of an
amount or amounts not to exceed the amount of the unsold bonds which
have been authorized by the committee to be sold for the purpose of
carrying out this chapter. Any amounts withdrawn shall be deposited
in the fund. Any money made available under this section, plus any
interest that the amounts would have earned in the Pooled Money
Investment Account, shall be returned to the General Fund from money
received from the sale of bonds for the purpose of carrying out this
title.


4496.43. Notwithstanding any other provision of this bond act, or
of the State General Obligation Bond Law (Chapter 4 (commencing with
Section 16720) of Part 3 of Division 4 of Title 2 of the Government
Code), if the Treasurer sells bonds pursuant to this bond act that
include a bond counsel opinion to the effect that the interest on the
bonds is excluded from gross income for federal tax purposes under
designated conditions, the Treasurer may maintain separate accounts
for the bond proceeds invested and the investment earnings on those
proceeds, and may use or direct the use of those proceeds or earnings
to pay any rebate, penalty, or other payment required under federal
law, or take any other action with respect to the investment and use
of those bond proceeds, as may be required or desirable under federal
law in order to maintain the tax-exempt status of those bonds and to
obtain any other advantage under federal law on behalf of the funds
of this state.



4496.44. All money deposited in the fund which is derived from
premium and accrued interest on bonds sold shall be reserved in the
fund and shall be available for transfer to the General Fund as a
credit to expenditures for bond interest.




4496.46. The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of Chapter 4 of Part 3 of Division 4
of Title 2 of the Government Code.



4496.47. The board may request the Pooled Money Investment Board to
make a loan from the Pooled Money Investment Account, in accordance
with Section 16312 of the Government Code, for the purposes of
carrying out the provisions of this chapter. The amount of the
request shall not exceed the amount of the unsold bonds which the
committee has by resolution authorized to be sold for the purpose of
carrying out this chapter. The board shall execute such documents as
required by the Pooled Money Investment Board to obtain and repay
the loan. Any amounts loaned shall be deposited in the fund to be
allocated by the board in accordance with this chapter.



4496.48. The Legislature hereby finds and declares that, inasmuch
as the proceeds from the sale of bonds authorized by this title are
not "proceeds of taxes" as that term is used in Article XIIIB of the
California Constitution, the disbursement of these proceeds is not
subject to the limitations imposed by that article.

[هيثم الفقى]

GENERAL
4497. (a) The Legislature finds and declares that approval by the
electors of the County Correctional Facilities Capital Expenditure
and Youth Facility Bond Act of 1988 has made new funds available for
the construction and renovation of county jails and county juvenile
facilities. The Legislature hereby directs the Board of Corrections
to allocate and administer the moneys intended in the County
Correctional Facilities Capital Expenditure and Youth Facility Bond
Act of 1988 for county jails, and the Department of the Youth
Authority to allocate and administer the moneys intended in the
County Correctional Facilities Capital Expenditure and Youth Facility
Bond Act of 1988 for juvenile facilities, in accordance with the
provisions of this title.
(b) Money appropriated for allocation under this title may be used
for the renovation, replacement, reconstruction, or construction of
county jail facilities, county medical facilities designated to house
persons charged with or convicted of a crime and who are mentally
ill, and county juvenile facilities. Money appropriated by this
title may also be used for construction of separate local detention
facility space for detoxification of persons arrested because of
intoxication.
(c) It is the Legislature's intention to make the money
appropriated for allocation under this title available to counties
with established and documented needs for capital projects for jail
and juvenile facilities. However, that money shall not be used to
build facilities that the counties cannot afford to operate fully and
safely.

[هيثم الفقى]

COUNTY JAILS


4497.02. (a) For the purpose of this chapter:
(1) "Board" means the Board of Corrections.
(2) "Fund" means the 1988 County Correctional Facilities Capital
Expenditure and Youth Facility Fund.
(b) The Board of Corrections shall not itself be deemed a
responsible agency, as defined by Section 21069 of the Public
Resources Code, or otherwise be subject to the California
Environmental Quality Act for any activities under this title, the
County Jail Capital Expenditure Bond Acts of 1981 or 1984, or the
County Facility Capital Expenditure Bond Act of 1986. This
subdivision does not exempt any local agency from the requirements of
the California Environmental Quality Act.



4497.04. Money appropriated to the board for allocation pursuant to
this chapter shall be allocated as follows:
(a) Funding shall be provided for those projects entitled to be
funded under subdivision (c) of Section 3 of Chapter 444, Statutes of
1984, as amended, and Section 5 of Chapter 1519, Statutes of 1986,
to the extent that those projects have not received full funding.
(b) The following additional amounts shall be allocated to the
counties for the construction, reconstruction, replacement, or
renovation of county jail facilities. These funds shall not be used
to supplant local funds directed to previously approved state
projects. Nor shall these funds be used to reimburse counties whose
match on previously approved projects exceeded the required 25
percent. These funds may be used for allocations specified in
subdivisions (c) and (d) of Chapter 444, Statutes of 1984, as
amended, and Section 5, subdivision (b) of Chapter 1519, Statutes of
1986.


County Allocation
Alameda ............... $ 6,441,198
Alpine ................ 62,541
Amador ................ 0
Butte ................. 1,900,266
Calaveras ............. 0
Colusa ................ 0
Contra Costa .......... 1,420,488
Del Norte ............. 1,317,106
El Dorado ............. 0
Fresno ................ 4,326,606
Glenn ................. 732,094
Humboldt .............. 2,116,523
Imperial .............. 0
Inyo .................. 1,214,025
Kern .................. 9,650,404
Kings ................. 891,687
Lake .................. 1,699,291
Lassen ................ 727,717
Los Angeles ........... 172,682,741
Madera ................ 0
Marin ................. 2,166,458
Mariposa .............. 117,478
Mendocino ............. 1,214,270
Merced ................ 2,446,318
Modoc ................. 181,761
Mono .................. 120,421
Monterey .............. 7,429,146
Napa .................. 358,819
Nevada ................ 1,179,930
Orange ................ 21,723,387
Placer ................ 2,022,123
Plumas ................ 166,775
Riverside ............. 10,476,076
Sacramento ............ 6,299,898
San Benito ............ 1,270,642
San Bernardino ........ 10,874,718
San Diego ............. 32,675,959
San Francisco ......... 17,015,321
San Joaquin ........... 12,377,292
San Luis Obispo ....... 2,033,185
San Mateo ............. 2,452,925
Santa Barbara ......... 2,438,604
Santa Clara ........... 11,780,710
Santa Cruz ............ 2,889,829
Shasta ................ 0
Sierra ................ 119,234
Siskiyou .............. 0
Solano ................ 1,125,732
Sonoma ................ 3,877,521
Stanislaus ............ 3,649,178
Sutter ................ 964,137
Tehama ................ 532,947
Trinity ............... 225,380
Tulare ................ 2,513,889
Tuolumne .............. 677,876
Ventura ............... 14,733,637
Yolo .................. 686,721
Yuba .................. 1,844,691
TOTAL ....... $387,845,675

(c) If any county declares that it is unable to use the funds
allocated to it under this section, or if any county is unable to
satisfy the prerequisites for funding listed in Section 4494.10, the
amount allocated to the county in this section shall revert to the
state, to be reallocated by the board.
(d) If funds beyond those needed for the itemized amounts become
available for reallocation, the board shall reallocate those funds
under subdivision (e).
(e) Reverted funds under this chapter or subdivision (c) of
Chapter 1519 of the Statutes of 1986 shall be reallocated to counties
pursuant to the development and adoption of a new allocation plan as
determined by an allocation advisory committee appointed by the
board. The allocation advisory committee shall convene upon
notification by the board that funds have been reverted. Reallocated
funds shall be distributed three times. The first distribution
shall occur on December 31, 1990; the second distribution shall
occur on December 31, 1992, and the final distribution shall occur on
December 31, 1993. If any county seeking funds has not completed
architectural drawings at the time reallocation funds become
available, the county shall be removed from reallocation
consideration until it has completed architectural drawings.
(f) Any county that receives funds pursuant to this chapter or
pursuant to Chapter 444 of the Statutes of 1984, as amended, or
Chapter 1519 of the Statutes of 1986, that, in the aggregate, total
ten million dollars ($10,000,000) or less may pool or combine those
funds for the purpose of financing a jail construction project,
subject to approval of the project pursuant to this chapter.
However, under no circumstances shall the pooling of successive bond
allocations relieve or exempt the county from its obligation to meet
the 25 percent local match requirement.
This subdivision shall not be interpreted as an authorization to
utilize allocated funds to reimburse counties whose match on
previously approved and completed projects exceeded the required 25
percent.


4497.05. Money in the 1986 County Correctional Facility Capital
Expenditure Fund and money in the 1988 County Correctional Facility
Capital Expenditure and Youth Facility Bond Fund may be used on the
same project so long as the project is consistent with the purposes
set forth in Sections 4485 and 4496.12 and is subject to the
restrictions and requirements set forth in subdivision (f) of Section
4497.04. The deadlines applicable under this title shall be
applicable to the joint use of funds under this section.



4497.06. (a) The board shall administer the funds allocated in this
chapter to adult jail facilities, according to existing County
Correctional Facilities Capital Expenditure Fund regulations, except
as those regulations may be amended to comply with the provisions of
this chapter.
(b) The board shall apply its regulations in the approval or
disapproval of county jail projects, except that the board may
approve a project if the board finds, after conducting a public
hearing, that although the county cannot possibly meet the
regulations, the county will nonetheless comply with Section 4485.6.



4497.08. No state moneys shall be encumbered in contracts with a
county, nor released to a county, for construction or renovation of a
local jail facility pursuant to this chapter until the conditions of
this chapter have been fulfilled by the county.



4497.10. To be eligible for funding consideration, a county shall,
to the satisfaction of the board, do all of the following:
(a) Certify that juveniles are not housed in the county's adult
detention facilities, except where authorized by law; and document
the existence of, or plans for, separate housing for juveniles.
(b) Document the existence of, or plans for, separate housing for
persons detained or arrested because of intoxication, which will
prevent mixing of this category of prisoner with other prisoners. If
the county has no existing provisions for detoxification housing, it
shall make provisions for that housing as part of its proposed
project.
(c) Document the existence of, or plans for, separate housing for
mentally disordered defendants or convicted prisoners which will
prevent mixing of this category of prisoner with other prisoners
until the time that the responsible health authority or his or her
designee clears specific prisoners for nonseparate housing, based on
clinical judgment. If the county has no existing provisions for
separate housing of mentally disordered prisoners, it shall make
provisions for that housing as part of its proposed project.
(d) Submit a formal project proposal to the board on or before
September 30, 1990. The project proposal shall describe the
construction or renovation project to be undertaken and shall include
an estimated budget for the project. The proposal shall also
identify how county funding obligations, both for construction and
operation of the facility, will be met. The project proposal shall
be consistent with the needs and priorities identified in the needs
assessment by the county.
Failure to submit a project proposal shall be deemed a declaration
by the county that it does not intend to request its allocation
under subdivisions (a) and (b) of Section 4497.04, and the amounts
allocated in those subdivisions to the county shall be available for
reallocation by the board. The board may waive this requirement for
submission of a proposal within one year if it determines there are
unavoidable delays in the county's preparation of a project proposal.

(e) Submit architectural drawings which shall be approved by the
board for compliance with minimum jail standards and by the State
Fire Marshal for compliance with fire safety requirements. If the
board concludes that a county's proposed construction or renovation
contains serious design deficiencies that, while they would not
require a refusal to enter into the contract, would seriously impair
the facility's functioning, it shall notify the sheriff and the board
of supervisors of that county of the deficiencies and shall delay
entering into a contract with the county for at least 30 days after
mailing the letter. This letter shall be a public record.
(f) The county shall certify that it owns, or has long-term
possession of, the construction site.
(g) The county shall have filed a final notice of determination on
its environmental impact report with the board.
(h) The county has formally adopted a plan to finance the
construction of the proposed facility.
(i) The county shall have submitted a preliminary staffing plan
for the proposed facility, along with an analysis of other operating
costs anticipated for the facility, to the board for review and
comment. Prior to submission of the staffing plan and operating
costs analysis of the board, the county board of supervisors shall
have reviewed and approved the submittal in or following public
hearings. The sheriff shall also have reviewed and commented on the
preliminary staffing plan and the operating cost analysis. The board
shall comment in writing to the sheriff and board of supervisors.
This letter shall be a public record.
(j) The county shall submit either a major or minor needs
assessment documenting the need for and purpose of the proposed
project. The needs assessment shall meet all requirements listed in
the applicable County Correctional Facility Capital Expenditure Fund
regulations. The board may exempt a county from performing a new
needs assessment if any of the following conditions exist:
(1) The board determines that a prior needs assessment is in
substantial compliance and it justifies the project being funded in
Section 4497.04.
(2) A county receives funds from this bond act in an amount of
three hundred thousand dollars ($300,000) or less.
If exempted from performing a needs assessment, counties shall
provide an analysis of specific jail deficiencies, including levels
of security, program, including, but not limited to, medical and
mental health care, housing, and administration. This analysis shall
also include specific plans for correcting the deficiencies.
(k) Demonstrate to the board unless the county's sole project is a
remodel of an existing adult detention facility which will not
result in the addition of any beds, that it is using, to the greatest
extent feasible, alternatives to incarceration based on the
following measures: an incarceration rate of no more than one
standard deviation above the mean for all counties and, either a
pretrial misdemeanor incarceration rate of no more than one standard
deviation above the mean for all counties or a sentenced prisoner
alternatives percentage or 5 percent or more as related to total
sentenced prisoner admissions.
(1) The data to be used in establishing the incarceration rate
will be the 1989 calendar year average daily population as reported
by each county to the board and the Department of Finance Report on
Population by County.
(2) The pretrial misdemeanor incarceration rate will be based on
an average of the daily pretrial misdemeanor jail population,
developed from a four-day sample period in 1989 specified by the
board.
(3) The sentenced prisoner alternatives percentage will be based
on enrollment in three programs: Section 4024.2 of the Penal Code
(work-in-lieu of jail), county parole, and home detention if the
placement is made after some jail time is served.
(4) Counties failing to demonstrate adequate use of alternatives
to incarcerations by the above measure by March 30, 1990, shall be
reevaluated annually by the board. If any county is unable to
satisfy the requirements of this section by September 30, 1993, the
amount allocated to the county shall revert to the state, to be
reallocated by the board pursuant to subdivision (c) of Section
4497.04.
(l) Begin construction or renovation work within four years of the
effective date of this title. If a county fails to meet this
requirement, any allocations to the county under this chapter shall
be deemed void and moneys allocated to the county shall revert to the
board for reallocation. The board may waive this requirement if it
determines that there are unavoidable delays in the initial
construction activities.
(m) Counties shall provide for the construction of appropriate
courtroom facilities and hearing room facilities within any jail
construction plan submitted to the board. Those courtroom facilities
and hearing room facilities shall be utilized for purposes of
holding appropriate arraignments and bail hearings and for the
conduct of parole revocation hearings. The board may waive this
requirement where county specific circumstances dictate.



4497.12. (a) County match on projects funded under this chapter
shall be a minimum of 25 percent of the total project costs.
(b) The county match requirement imposed upon counties pursuant to
the receipt of state moneys shall not be required to be made on a
pro rata basis where the requirement would impede the expeditious and
equitable construction of county correctional facilities. However,
under no circumstances shall the county match for any county project
be less than 25 percent.
(c) Costs eligible for state funding and as county match shall be
those defined in applicable existing sections of the County
Correctional Facilities Capital Expenditure Fund regulations, which
regulations may be amended.



4497.14. (a) The board shall not approve the expenditures of funds
allocated under this act for the construction of county detention
facilities until a master site plan for county detention facilities
has been prepared and adopted by the board of supervisors of the
county proposing to construct the facility. The board of supervisors
shall determine the location of any detention facilities pursuant to
a master plan, which determination shall not be subject to any
initiative or ordinance adopted by initiative. In developing the
plan, the board of supervisors shall consider alternatives to
additional detention facilities and the specific concerns of
incorporated cities and other community representatives, and shall
give special consideration to existing federal, state, and local
detention facilities in order to avoid over-concentration of inmates
in one geographic area of the county. If the board of supervisors
decides to locate new or expanded detention facilities near existing
detention facilities, it shall publicly state its reasons for that
decision.
The board shall only approve expenditure of funds allocated under
this chapter for the construction of detention facilities in
accordance with the plan adopted pursuant to this section. The board
may exempt a county from this requirement if the master site plan
remains unchanged from that approved under the provisions of the
County Correctional Facilities Capital Expenditure Bond Act of 1986.

(b) The board shall establish construction costs controls and
shall set forth in regulation procedures for setting maximum state
funding levels for appropriate construction unit costs, including
cost per cell for specified categories of facilities. These cost
controls shall be based on average costs in recently constructed
facilities in California that are comparable in size, use, location,
and other relevant factors.
Allocations listed in Section 4497.04 notwithstanding, the state
contribution shall be up to 75 percent of total project costs or up
to 75 percent of the applicable construction cost norms, whichever is
lower. Nothing in this section is intended, however, to prescribe
maximum limits on county funding levels for the projects.
Prior to releasing any funds to a county, the board shall review
construction cost levels in the funded projects for compliance with
cost control regulations.
(c) Prior to entering into a contract with a county, the board
shall review or approve or both review and approve the county
submissions required by this chapter regarding the facility or
facilities proposed for funding.
(d) The board shall collect annually from all counties information
on county incarceration rates, average daily jail populations as a
proportion of the total county population or total arrests or both;
pretrial misdemeanant ratios, the percentage which unsentenced
prisoners charged only with misdemeanors constitute the total average
daily unsentenced jail population; and sentenced alternatives
ratios, for example, average daily populations in work-in-lieu of
jail programs and county parole as a percentage of the total average
daily sentenced misdemeanant prisoner population. All counties that
have received or will receive state funds for jail construction shall
supply the board the information necessary to comply with this
section.



4497.16. If after a hearing, the board makes a finding that a
county has failed to comply with a condition or plan approved by the
board relating to the requirements of Section 4485.6, the board may
require the county to pay an amount equal to the pro rata portion of
the principal and interest, paid by the state on bonds the proceeds
of which were allocated pursuant to this chapter to the county for
the period of noncompliance. The repayment provisions shall not be
applicable if the noncompliance with the condition or plan is the
result of circumstances beyond the control of the county, or the
board finds the county cannot reasonably comply under the
circumstances.

[هيثم الفقى]

JUVENILE FACILITIES


4497.20. (a) The Department of the Youth Authority is hereby
directed to administer the moneys intended for juvenile facilities in
the County Correctional Facility Capital Expenditure and Youth
Facility Bond Act of 1988, in accordance with the provisions of this
chapter.
(b) It is the intention of the Legislature to make the money
appropriated for allocation under this chapter available to counties
with established and documented needs for capital projects for
juvenile facilities.
(c) Counties that apply for funds to alleviate overcrowding shall
submit a preliminary staffing plan for the proposed facility, along
with an analysis of other operating costs anticipated for the
facility, to the Department of the Youth Authority for review and
comment. Prior to submission of the staffing plan and operating cost
analysis to the department, the board of supervisors shall have
reviewed and approved the submittal in or following public hearings.
The chief probation officer shall also have reviewed and commented
on the preliminary staffing plan and operating cost analysis. The
department shall comment in writing to the chief probation officer
and board of supervisors. This response shall be a public record.
(d) The Department of the Youth Authority shall conduct an
assessment of the needs of counties for juvenile facilities in
California which shall be submitted to the Legislature by June 30,
1990.


4497.22. Funds appropriated to the Department of the Youth
Authority for allocation under this chapter shall be allocated as
provided by this chapter.


4497.24. Two million three hundred fifty-seven thousand seven
hundred seventy-eight dollars ($2,357,778) shall be set aside
initially for the counties that did not have juvenile facilities on
January 1, 1987. These funds shall be used to construct county
juvenile facilities and are hereby allocated as follows:


Amador ......................... $ 33,000
Calaveras ...................... 80,000
Colusa ......................... 218,928
Glenn .......................... 213,850
Inyo ........................... 846,000
Lassen ......................... 350,000
Mariposa ....................... 50,000
Modoc .......................... 126,000
Mono ........................... 18,000
Plumas ......................... 45,000
San Benito ..................... 243,000
Sierra ......................... 10,000
Trinity ........................ 30,000
Tuolumne ....................... 94,000



4497.26. Ten million dollars ($10,000,000) shall be set aside
initially for counties that do not have efficient and adequate
facilities for youth with special problems. Two or more counties may
apply jointly to construct those facilities regionally. No more
than three million three hundred thousand dollars ($3,300,000) shall
be awarded for the construction of each regional facility.



4497.28. Forty-eight million nine hundred sixty-seven thousand two
hundred twenty-two dollars ($48,967,222) shall be set aside initially
for counties to alleviate overcrowding and eliminate health, fire,
and life safety deficiencies in juvenile facilities or provide
efficient and adequate facility for youth with special problems.
These funds are hereby allocated to all counties except those listed
in Section 4497.24, as follows:


Alameda ...................... $ 2,378,878
Butte ........................ 303,787
Contra Costa ................. 1,329,808
Del Norte .................... 34,798
El Dorado .................... 210,354
Fresno ....................... 1,064,299
Humboldt ..................... 201,133
Imperial ..................... 196,087
Kern ......................... 901,792
Kings ........................ 163,725
Lake ......................... 89,431
Los Angeles .................. 14,970,647
Madera ....................... 143,542
Marin ........................ 400,004
Mendocino ................... 132,407
Merced ...................... 297,871
Monterey .................... 605,660
Napa ........................ 184,952
Nevada ...................... 134,321
Orange ...................... 3,934,095
Placer ...................... 272,121
Riverside ................... 1,700,581
Sacramento .................. 1,696,928
San Bernardino .............. 2,235,602
San Diego ................... 4,123,745
San Francisco ............... 1,275,871
San Joaquin ................. 794,440
San Luis Obispo ............. 360,682
San Mateo ................... 1,093,529
Santa Barbara ............... 596,961
Santa Clara ................. 2,488,758
Santa Cruz ................... 393,914
Shasta ....................... 242,890
Siskiyou ..................... 75,338
Solano ....................... 544,764
Sonoma ....................... 636,457
Stanislaus ................... 591,915
Sutter ....................... 107,352
Tehama ....................... 81,253
Tulare ....................... 517,621
Ventura ...................... 1,125,195
Yolo ......................... 234,887
Yuba ......................... 98,827




4497.30. (a) Two million two hundred twenty-five thousand dollars
($2,225,000) shall be set aside initially for bond interest costs,
and two hundred fifty thousand dollars ($250,000) shall be set aside
to conduct a statewide assessment of the counties' needs for juvenile
facilities.
(b) Notwithstanding Section 5.5 of Chapter 1130 of the Statutes of
1989, up to two hundred twenty-five thousand dollars ($225,000)
shall be available for assistance to counties in planning and
development of projects funded under Section 5 of Chapter 1327 of the
Statutes of 1989 and in accordance with Section 4497.20.



4497.32. (a) Funds which were set aside initially as provided by
Sections 4497.24 to 4497.30, inclusive, that are not used and funds
that were allocated under the provisions of the County Correctional
Facility Capital Expenditure Bond Act of 1986 that are not used shall
be allocated by the Department of the Youth Authority to those
counties that received an allocation under Section 4497.28 which was
not sufficient to fund the remaining portion of the total cost of the
approved projects. The amount of each of those county's allocation
shall be that county's per capita share of the total funds available
for all counties with partially funded projects, or the amount needed
to complete funding of that county's approved projects, whichever is
less. At no time shall the allocation exceed 75 percent of the
total eligible costs.
(b) The allocation procedure described in subdivision (a) shall be
repeated until all of the available funds are awarded.
(c) Funds awarded by the Department of the Youth Authority under
this section shall be used for the construction, reconstruction,
remodeling, or replacement of county juvenile facilities, and for the
performance of deferred maintenance on juvenile facilities, but may
only be used for the purpose of reducing current overcrowding and
eliminating health, fire, and life safety hazards.



4497.34. (a) Counties with overcrowded juvenile facilities shall
not be eligible to receive funds to construct, reconstruct, remodel,
or replace juvenile facilities unless they have adopted a plan to
correct overcrowded conditions within their facilities which includes
the use of alternatives to detention. The corrective action plan
shall provide for the use of five or more methods or procedures to
minimize the number of minors detained and shall be approved by the
board of supervisors during or subsequent to a public hearing.
(b) To be eligible for funding under this chapter, the county
shall enter into a contract with the Department of the Youth
Authority and begin construction or renovation work within six years
of the operative date of the regulations that implement this chapter.
If a county fails to meet this requirement, any allocations or
awards to that county under this chapter shall be deemed void and any
moneys allocated or awarded to that county shall revert to the
Department of the Youth Authority for reallocation to another county
as provided by Section 4497.32. The department may waive this
requirement if it determines that there are unavoidable delays in
starting construction.
(c) To be eligible for funding for juvenile facilities under the
County Correctional Facility Capital Expenditure Bond Act of 1986,
the county shall enter into a contract with the Department of the
Youth Authority and begin construction or renovation work by July 31,
1991. If a county fails to meet this requirement, all allocations
or awards that have been made to that county under that act shall be
deemed void and any moneys allocated or awarded to that county shall
revert to the Department of the Youth Authority and are
reappropriated for reallocation as provided by Section 4497.32. The
department may waive this requirement if it determines that there are
unavoidable delays in starting construction.
(d) Excluding moneys allocated for San Bernardino County, the
Department of the Youth Authority shall immediately reallocate unused
awards to eligible participating counties.



4497.36. An application for funds shall be in the manner and form
prescribed by the Department of the Youth Authority.



4497.38. (a) Awards shall be made only if county matching funds of
25 percent are provided except as specified in subdivision (b).
(b) (1) A county or a consortium of counties may request the
Director of the Department of the Youth Authority for a deferral of
payment of the required matching funds for the construction of a
juvenile detention facility. This request shall be approved if the
county or consortium of counties meet all of the following criteria:

(A) The county or consortium of counties has plans for the
construction of the facility approved by the Department of the Youth
Authority.
(B) The facility to be built is located in Humboldt County.
(C) The county or consortium of counties submits to and receives
approval by the Department of the Youth Authority, a plan and
schedule for payment of the required match.
(2) Contribution of the county or consortium of counties matching
requirement shall commence no later than three years from the date of
occupation of any facility financed under this chapter.
(3) Under no circumstances shall the county match for any county
juvenile project be less than 25 percent.

[هيثم الفقى]

PURCHASE OF CORRECTIONAL INDUSTRY PRODUCTS
FOR CORRECTIONAL, JUVENILE, AND YOUTH
FACILITIES
4497.50. In order to be eligible to receive funds derived from the
issuance of General Obligation Bonds under the County Correctional
Facility Capital Expenditure and Youth Facility Bond Act of 1988, a
county or city and county shall do all the following:
(a) In the design and planning of facilities whose construction,
reconstruction, or remodeling is financed under the County
Correctional Facility Capital Expenditure and Youth Facility Bond Act
of 1988, products for construction, renovation, equipment, and
furnishings produced and sold by the Prison Industry Authority or
local jail industry programs shall be utilized in the plans and
specifications unless the county or city and county demonstrates
either of the following to the satisfaction of the Board of
Corrections or the Department of the Youth Authority:
(1) The products cannot be produced and delivered without causing
delay to the construction of the property.
(2) The products are not suitable for the facility or
competitively priced and cannot otherwise be reasonably adapted.
(b) Counties and cities and counties shall consult with the staff
of the Prison Industry Authority or local jail industry program to
develop new products and adapt existing products to their needs.
(c) The Board of Corrections or the Department of the Youth
Authority shall not enter into any contract with any county or city
and county until that county's or city and county's plan for purchase
from and consultation with the Prison Industry Authority or local
jail industry program is reviewed and approved by the Board of
Corrections or the Department of the Youth Authority.



4497.52. Notwithstanding any other provision of law, a county or
city and county may contract for the purchase of products as
specified in Section 4497.50 with the Prison Industry Authority or
local jail industry program without the formality of obtaining bids
or otherwise complying with provisions of the Public Contract Code.




4497.54. The Prison Industry Authority shall designate an
individual as County Jail and Juvenile Facility Liaison who shall
work with counties to maximize the utilization of Prison Industry
Authority products for construction, renovation, equipment, and
furnishing, to ensure that manufactured products meet the contract
specifications and delivery dates, and to assure consultation with
counties for development of new products and adaption of existing
products to meet their needs.



4497.56. It is the intent of the Legislature to maximize the
utilization of Prison Industry Authority products for jail
construction, renovation, equipment, and furnishings to ensure that
prisoners work productively and contribute to reducing the cost to
the taxpayers of their incarceration.

[هيثم الفقى]

OFFENSES RELATING TO PRISONS AND PRISONERS
OFFENSES BY PRISONERS


4500. Every person while undergoing a life sentence, who is
sentenced to state prison within this state, and who, with malice
aforethought, commits an assault upon the person of another with a
deadly weapon or instrument, or by any means of force likely to
produce great bodily injury is punishable with death or life
imprisonment without possibility of parole. The penalty shall be
determined pursuant to the provisions of Sections 190.3 and 190.4;
however, in cases in which the person subjected to such assault does
not die within a year and a day after such assault as a proximate
result thereof, the punishment shall be imprisonment in the state
prison for life without the possibility of parole for nine years.
For the purpose of computing the days elapsed between the
commission of the assault and the death of the person assaulted, the
whole of the day on which the assault was committed shall be counted
as the first day.
Nothing in this section shall be construed to prohibit the
application of this section when the assault was committed outside
the walls of any prison if the person committing the assault was
undergoing a life sentence and was serving a sentence to a state
prison at the time of the commission of the assault and was not on
parole, on probation, or released on bail pending an appeal.



4501. Except as provided in Section 4500, every person confined in
a state prison of this state who commits an assault upon the person
of another with a deadly weapon or instrument, or by any means of
force likely to produce great bodily injury, shall be guilty of a
felony and shall be imprisoned in the state prison for two, four, or
six years to be served consecutively.



4501.1. (a) Every person confined in the state prison who commits a
battery by gassing upon the person of any peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or
employee of the state prison is guilty of aggravated battery and
shall be punished by imprisonment in a county jail or by imprisonment
in the state prison for two, three, or four years. Every state
prison inmate convicted of a felony under this section shall serve
his or her term of imprisonment as prescribed in Section 4501.5.
(b) For purposes of this section, "gassing" means intentionally
placing or throwing, or causing to be placed or thrown, upon the
person of another, any human excrement or other bodily fluids or
bodily substances or any mixture containing human excrement or other
bodily fluids or bodily substances that results in actual contact
with the person's skin or membranes.
(c) The warden or other person in charge of the state prison shall
use every available means to immediately investigate all reported or
suspected violations of subdivision (a), including, but not limited
to, the use of forensically acceptable means of preserving and
testing the suspected gassing substance to confirm the presence of
human excrement or other bodily fluids or bodily substances. If
there is probable cause to believe that the inmate has violated
subdivision (a), the chief medical officer of the state prison or his
or her designee, may, when he or she deems it medically necessary to
protect the health of an officer or employee who may have been
subject to a violation of this section, order the inmate to receive
an examination or test for hepatitis or tuberculosis or both
hepatitis and tuberculosis on either a voluntary or involuntary basis
immediately after the event, and periodically thereafter as
determined to be necessary by the medical officer in order to ensure
that further hepatitis or tuberculosis transmission does not occur.
These decisions shall be consistent with an occupational exposure as
defined by the Center for Disease Control and Prevention. The
results of any examination or test shall be provided to the officer
or employee who has been subject to a reported or suspected violation
of this section. Nothing in this subdivision shall be construed to
otherwise supersede the operation of Title 8 (commencing with Section
7500). Any person performing tests, transmitting test results, or
disclosing information pursuant to this section shall be immune from
civil liability for any action taken in accordance with this section.

(d) The warden or other person in charge of the state prison shall
refer all reports for which there is probable cause to believe that
the inmate has violated subdivision (a) to the local district
attorney for prosecution.
(e) The Department of Corrections shall report to the Legislature,
by January 1, 2000, its findings and recommendations on gassing
incidents at the state prison and the medical testing authorized by
this section. The report shall include, but not be limited to, all
of the following:
(1) The total number of gassing incidents at each state prison
facility up to the date of the report.
(2) The disposition of each gassing incident, including the
administrative penalties imposed, the number of incidents that are
prosecuted, and the results of those prosecutions, including any
penalties imposed.
(3) A profile of the inmates who commit the aggravated batteries,
including the number of inmates who have one or more prior serious or
violent felony convictions.
(4) Efforts that the department has taken to limit these
incidents, including staff training and the use of protective
clothing and goggles.
(5) The results and costs of the medical testing authorized by
this section.
(f) Nothing in this section shall preclude prosecution under both
this section and any other provision of law.



4501.5. Every person confined in a state prison of this state who
commits a battery upon the person of any individual who is not
himself a person confined therein shall be guilty of a felony and
shall be imprisoned in the state prison for two, three, or four
years, to be served consecutively.



4502. (a) Every person who, while at or confined in any penal
institution, while being conveyed to or from any penal institution,
or while under the custody of officials, officers, or employees of
any penal institution, possesses or carries upon his or her person or
has under his or her custody or control any instrument or weapon of
the kind commonly known as a blackjack, slungshot, billy, sandclub,
sandbag, or metal knuckles, any explosive substance, or fixed
ammunition, any dirk or dagger or sharp instrument, any pistol,
revolver, or other firearm, or any tear gas or tear gas weapon, is
guilty of a felony and shall be punished by imprisonment in the state
prison for two, three, or four years, to be served consecutively.
(b) Every person who, while at or confined in any penal
institution, while being conveyed to or from any penal institution,
or while under the custody of officials, officers, or employees of
any penal institution, manufactures or attempts to manufacture any
instrument or weapon of the kind commonly known as a blackjack,
slungshot, billy, sandclub, sandbag, or metal knuckles, any explosive
substance, or fixed ammunition, any dirk or dagger or sharp
instrument, any pistol, revolver, or other firearm, or any tear gas
or tear gas weapon, is guilty of a felony and shall be punished by
imprisonment in the state prison for 16 months, or two or three
years, to be served consecutively.
(c) For purposes of this section, "penal institution" means the
state prison, a prison road camp, prison forestry camp, or other
prison camp or farm, or a county jail or county road camp.




4503. Any person confined therein who holds as hostage any person
within any prison or facility under the jurisdiction of the Director
of Corrections, or who by force or threat of force holds any person
or persons against their will in defiance of official orders within
any such prison or facility, shall be guilty of a felony and shall be
imprisoned in the state prison for three, five, or seven years to be
served consecutively.



4504. For purposes of this chapter:
(a) A person is deemed confined in a "state prison" if he is
confined in any of the prisons and institutions specified in Section
5003 by order made pursuant to law, including, but not limited to,
commitments to the Department of Corrections or the Department of the
Youth Authority, regardless of the purpose of such confinement and
regardless of the validity of the order directing such confinement,
until a judgment of a competent court setting aside such order
becomes final.
(b) A person is deemed "confined in" a prison although, at the
time of the offense, he is temporarily outside its walls or bounds
for the purpose of serving on a work detail or for the purpose of
confinement in a local correctional institution pending trial or for
any other purpose for which a prisoner may be allowed temporarily
outside the walls or bounds of the prison, but a prisoner who has
been released on parole is not deemed "confined in" a prison for
purposes of this chapter.

[هيثم الفقى]

ESCAPES AND RESCUES
Escapes
4530. (a) Every prisoner confined in a state prison who, by force
or violence, escapes or attempts to escape therefrom and every
prisoner committed to a state prison who, by force or violence,
escapes or attempts to escape while being conveyed to or from such
prison or any other state prison, or any prison road camp, prison
forestry camp, or other prison camp or prison farm or any other place
while under the custody of prison officials, officers or employees;
or who, by force or violence, escapes or attempts to escape from any
prison road camp, prison forestry camp, or other prison camp or
prison farm or other place while under the custody of prison
officials, officers or employees; or who, by force or violence,
escapes or attempts to escape while at work outside or away from
prison under custody of prison officials, officers, or employees, is
punishable by imprisonment in a state prison for a term of two, four,
or six years. The second term of imprisonment of a person convicted
under this subdivision shall commence from the time he would
otherwise have been discharged from prison. No additional probation
report shall be required with respect to such offense.
(b) Every prisoner who commits an escape or attempts an escape as
described in subdivision (a), without force or violence, is
punishable by imprisonment in the state prison for 16 months, or two
or three years to be served consecutively. No additional probation
report shall be required with respect to such offense.
(c) The willful failure of a prisoner who is employed or
continuing his education, or who is authorized to secure employment
or education, or who is temporarily released pursuant to Section
2690, 2910, or 6254, or Section 3306 of the Welfare and Institutions
Code, to return to the place of confinement not later than the
expiration of a period during which he or she is authorized to be
away from the place of confinement, is an escape from the place of
confinement punishable as provided in this section. A conviction of a
violation of this subdivision, not involving force or violence,
shall not be charged as a prior felony conviction in any subsequent
prosecution for a public offense.



4530.5. For the purposes of punishing escapes or attempts to escape
under Section 4530, a person is deemed confined in a "state prison"
if he is an adult prisoner confined in the Deuel Vocational
Institution.


4532. (a) (1) Every prisoner arrested and booked for, charged with,
or convicted of a misdemeanor, and every person committed under the
terms of Section 5654, 5656, or 5677 of the Welfare and Institutions
Code as an inebriate, who is confined in any county or city jail,
prison, industrial farm, or industrial road camp, is engaged on any
county road or other county work, is in the lawful custody of any
officer or person, is employed or continuing in his or her regular
educational program or authorized to secure employment or education
away from the place of confinement, pursuant to the Cobey Work
Furlough Law (Section 1208), is authorized for temporary release for
family emergencies or for purposes preparatory to his or her return
to the community pursuant to Section 4018.6, or is a participant in a
home detention program pursuant to Section 1203.016, and who
thereafter escapes or attempts to escape from the county or city
jail, prison, industrial farm, or industrial road camp or from the
custody of the officer or person in charge of him or her while
engaged in or going to or returning from the county work or from the
custody of any officer or person in whose lawful custody he or she
is, or from the place of confinement in a home detention program
pursuant to Section 1203.016, is guilty of a felony and, if the
escape or attempt to escape was not by force or violence, is
punishable by imprisonment in the state prison for a determinate term
of one year and one day, or in a county jail not exceeding one year.

(2) If the escape or attempt to escape described in paragraph (1)
is committed by force or violence, the person is guilty of a felony,
punishable by imprisonment in the state prison for two, four, or six
years to be served consecutively, or in a county jail not exceeding
one year. When the second term of imprisonment is to be served in a
county jail, it shall commence from the time the prisoner otherwise
would have been discharged from jail.
(3) A conviction of a violation of this subdivision, or a
violation of subdivision (b) involving a participant of a home
detention program pursuant to Section 1203.016, that is not committed
by force or violence, shall not be charged as a prior felony
conviction in any subsequent prosecution for a public offense.
(b) (1) Every prisoner arrested and booked for, charged with, or
convicted of a felony, and every person committed by order of the
juvenile court, who is confined in any county or city jail, prison,
industrial farm, or industrial road camp, is engaged on any county
road or other county work, is in the lawful custody of any officer or
person, or is confined pursuant to Section 4011.9, is a participant
in a home detention program pursuant to Section 1203.016, who escapes
or attempts to escape from a county or city jail, prison, industrial
farm, or industrial road camp or from the custody of the officer or
person in charge of him or her while engaged in or going to or
returning from the county work or from the custody of any officer or
person in whose lawful custody he or she is, or from confinement
pursuant to Section 4011.9, or from the place of confinement in a
home detention program pursuant to Section 1203.016, is guilty of a
felony and, if the escape or attempt to escape was not by force or
violence, is punishable by imprisonment in the state prison for 16
months, two years, or three years, to be served consecutively, or in
a county jail not exceeding one year.
(2) If the escape or attempt to escape described in paragraph (1)
is committed by force or violence, the person is guilty of a felony,
punishable by imprisonment in the state prison for a full term of
two, four, or six years to be served consecutively to any other term
of imprisonment, commencing from the time the person otherwise would
have been released from imprisonment and the term shall not be
subject to reduction pursuant to subdivision (a) of Section 1170.1,
or in a county jail for a consecutive term not to exceed one year,
that term to commence from the time the prisoner otherwise would have
been discharged from jail.
(c) (1) Except in unusual cases where the interests of justice
would best be served if the person is granted probation, probation
shall not be granted to any person who is convicted of a felony
offense under this section in that he or she escaped or attempted to
escape from a secure main jail facility, from a court building, or
while being transported between the court building and the jail
facility.
(2) In any case in which a person is convicted of a violation of
this section designated as a misdemeanor, he or she shall be confined
in a county jail for not less than 90 days nor more than one year
except in unusual cases where the interests of justice would best be
served by the granting of probation.
(3) For the purposes of this subdivision, "main jail facility"
means the facility used for the detention of persons pending
arraignment, after arraignment, during trial, and upon sentence or
commitment. The facility shall not include an industrial farm,
industrial road camp, work furlough facility, or any other nonsecure
facility used primarily for sentenced prisoners. As used in this
subdivision, "secure" means that the facility contains an outer
perimeter characterized by the use of physically restricting
construction, hardware, and procedures designed to eliminate ingress
and egress from the facility except through a closely supervised gate
or doorway.
(4) If the court grants probation under this subdivision, it shall
specify the reason or reasons for that order on the court record.
(5) Any sentence imposed under this subdivision shall be served
consecutive to any other sentence in effect or pending.
(d) The willful failure of a prisoner, whether convicted of a
felony or a misdemeanor, to return to his or her place of confinement
no later than the expiration of the period that he or she was
authorized to be away from that place of confinement, is an escape
from that place of confinement. This subdivision applies to a
prisoner who is employed or continuing in his or her regular
educational program, authorized to secure employment or education
pursuant to the Cobey Work Furlough Law (Section 1208), authorized
for temporary release for family emergencies or for purposes
preparatory to his or her return to the community pursuant to Section
4018.6, or permitted to participate in a home detention program
pursuant to Section 1203.016. A prisoner convicted of a misdemeanor
who willfully fails to return to his or her place of confinement
under this subdivision shall be punished as provided in paragraph (1)
of subdivision (a). A prisoner convicted of a felony who willfully
fails to return to his or her place of confinement shall be punished
as provided in paragraph (1) of subdivision (b).



4533. Every keeper of a prison, sheriff, deputy sheriff, or jailer,
or person employed as a guard, who fraudulently contrives, procures,
aids, connives at, or voluntarily permits the escape of any prisoner
in custody, is punishable by imprisonment in the state prison, and
fine not exceeding ten thousand dollars ($10,000).




4534. Any person who willfully assists any paroled prisoner whose
parole has been revoked, any escapee, any prisoner confined in any
prison or jail, or any person in the lawful custody of any officer or
person, to escape, or in an attempt to escape from such prison or
jail, or custody, is punishable as provided in Section 4533.




4535. Every person who carries or sends into a prison or jail
anything useful to aid a prisoner or inmate in making his escape,
with intent thereby to facilitate the escape of any prisoner or
inmate confined therein, is guilty of a felony.




4536. (a) Every person committed to a state hospital or other
public or private mental health facility as a mentally disordered ***
offender, who escapes from or who escapes while being conveyed to or
from such state hospital or other public or private mental health
facility, is punishable by imprisonment in the state prison or in the
county jail not to exceed one year. The term imposed pursuant to
this section shall be served consecutively to any other sentence or
commitment.
(b) The medical director or person in charge of a state hospital
or other public or private mental health facility to which a person
has been committed as a mentally disordered *** offender shall
promptly notify the chief of police of the city in which the hospital
or facility is located, or the sheriff of the county if the hospital
or facility is located in an unincorporated area, of the escape of
the person, and shall request the assistance of the chief of police
or sheriff in apprehending the person, and shall, within 48 hours of
the escape of the person, orally notify the court that made the
commitment, the prosecutor in the case, and the Department of Justice
of the escape.


4536.5. The medical director or person in charge of a state
hospital or other public or private mental health facility to which a
person has been committed under the provisions of Article 4
(commencing with Section 6600) of Chapter 2 of Part 2 of the Welfare
and Institutions Code, shall promptly notify the Department of
Corrections' ***ually Violent Predator Parole Coordinator, the chief
of police of the city in which the hospital or facility is located,
or the sheriff of the county if the hospital or facility is located
in an unincorporated area, of the escape of the person, and shall
request the assistance of the chief of police or sheriff in
apprehending the person, and shall, within 48 hours of the escape of
the person, orally notify the court that made the commitment, the
prosecutor in the case, and the Department of Justice of the escape.



4537. (a) The person in charge of any secure detention facility,
including, but not limited to, a prison, a juvenile hall, a county
jail, or any institution under the jurisdiction of the California
Youth Authority, shall promptly notify the chief of police of the
city in which the facility is located, or the sheriff of the county
if the facility is located in an unincorporated area, of an escape by
a person in its custody.
(b) The person in charge of any secure detention facility under
the jurisdiction of the Department of Corrections or the Department
of the Youth Authority shall release the name of, and any descriptive
information about, any person who has escaped from custody to other
law enforcement agencies, or to other persons if the release of the
information would be necessary to assist in recapturing the person or
to protect the public from substantial physical harm.
(c) In addition to the requirements of subdivisions (a) and (b),
in cases of escape by persons in the custody of the Department of
Corrections who have been convicted of a felony listed in subdivision
(c) of Section 667.5 or who have effected the escape by force or
violence as proscribed by subdivision (a) of Section 4530, prompt
notification shall be given to the newspapers of general circulation
within the county in which the escape occurred, and to television
stations regularly broadcasting news into and within the county,
accompanied by a photograph and description of the escapee.

[هيثم الفقى]

Rescues



4550. Every person who rescues or attempts to rescue, or aids
another person in rescuing or attempting to rescue any prisoner from
any prison, or prison road camp or any jail or county road camp, or
from any officer or person having him in lawful custody, is
punishable as follows:
1. If such prisoner was in custody upon a conviction of a felony
punishable with death: by imprisonment in the state prison for two,
three or four years;
2. If such prisoner was in custody otherwise than as specified in
subsection 1 hereof: by imprisonment in the state prison, or by
imprisonment in the county jail not to exceed one year.

[هيثم الفقى]

UNAUTHORIZED COMMUNICATIONS WITH PRISONS AND
PRISONERS


4570. Every person who, without the permission of the warden or
other officer in charge of any State prison, or prison road camp, or
prison forestry camp, or other prison camp or prison farm or any
other place where prisoners of the State prison are located under the
custody of prison officials, officers or employees, or any jail, or
any county road camp in this State, communicates with any prisoner or
person detained therein, or brings therein or takes therefrom any
letter, writing, literature, or reading matter to or from any
prisoner or person confined therein, is guilty of a misdemeanor.



4570.1. Every person who, without permission of the peace officer
or corrections officer in charge of any vehicle, bus, van or
automobile used for the transportation of prisoners, delivers a
written communication to any prisoner or person detained therein, or
being escorted to or from that vehicle, or takes from or gives to the
prisoner any item, is guilty of a misdemeanor.



4570.5. Every person who falsely indentifies himself either
verbally or by presenting any fraudulent written instrument to prison
officials, officers, or employees of any state prison, prison road
camp, or prison forestry camp, or other prison camp or prison farm,
or any jail, or any county industrial farm, or any county road camp,
for the purpose of securing admission to the premises or grounds of
any such prison, camp, farm, or jail, and such person would not
otherwise qualify for admission, is guilty of a misdemeanor.



4571. Every person who, having been previously convicted of a
felony and confined in any State prison in this State, without the
consent of the warden or other officer in charge of any State prison
or prison road camp, or prison forestry camp, or other prison camp or
prison farm or any other place where prisoners of the State prison
are located under the custody of prison officials, officers or
employees, or any jail or any county road camp in this State, comes
upon the grounds of any such institution, or lands belonging or
adjacent thereto, is guilty of a felony.



4573. Except when otherwise authorized by law, or when authorized
by the person in charge of the prison or other institution referred
to in this section or by an officer of the institution empowered by
the person in charge of the institution to give the authorization,
any person, who knowingly brings or sends into, or knowingly assists
in bringing into, or sending into, any state prison, prison road
camp, prison forestry camp, or other prison camp or prison farm or
any other place where prisoners of the state are located under the
custody of prison officials, officers or employees, or into any
county, city and county, or city jail, road camp, farm or other place
where prisoners or inmates are located under custody of any sheriff,
chief of police, peace officer, probation officer or employees, or
within the grounds belonging to the institution, any controlled
substance, the possession of which is prohibited by Division 10
(commencing with Section 11000) of the Health and Safety Code, any
device, contrivance, instrument, or paraphernalia intended to be used
for unlawfully injecting or consuming a controlled substance, is
guilty of a felony punishable by imprisonment in the state prison for
two, three, or four years.
The prohibitions and sanctions addressed in this section shall be
clearly and prominently posted outside of, and at the entrance to,
the grounds of all detention facilities under the jurisdiction of, or
operated by, the state or any city, county, or city and county.



4573.5. Any person who knowingly brings into any state prison or
other institution under the jurisdiction of the Department of
Corrections, or into any prison camp, prison farm, or any other place
where prisoners or inmates of these institutions are located under
the custody of prison or institution officials, officers, or
employees, or into any county, city and county, or city jail, road
camp, farm or any other institution or place where prisoners or
inmates are being held under the custody of any sheriff, chief of
police, peace officer, probation officer, or employees, or within the
grounds belonging to any institution or place, any alcoholic
beverage, any drugs, other than controlled substances, in any manner,
shape, form, dispenser, or container, or any device, contrivance,
instrument, or paraphernalia intended to be used for unlawfully
injecting or consuming any drug other than controlled substances,
without having authority so to do by the rules of the Department of
Corrections, the rules of the prison, institution, camp, farm,
place, or jail, or by the specific authorization of the warden,
superintendent, jailer, or other person in charge of the prison,
jail, institution, camp, farm, or place, is guilty of a felony.
The prohibitions and sanctions addressed in this section shall be
clearly and prominently posted outside of, and at the entrance to,
the grounds of all detention facilities under the jurisdiction of, or
operated by, the state or any city, county, or city and county.



4573.6. Any person who knowingly has in his or her possession in
any state prison, prison road camp, prison forestry camp, or other
prison camp or prison farm or any place where prisoners of the state
are located under the custody of prison officials, officers, or
employees, or in any county, city and county, or city jail, road
camp, farm, or any place or institution, where prisoners or inmates
are being held under the custody of any sheriff, chief of police,
peace officer, probation officer, or employees, or within the grounds
belonging to any jail, road camp, farm, place or institution, any
controlled substances, the possession of which is prohibited by
Division 10 (commencing with Section 11000) of the Health and Safety
Code, any device, contrivance, instrument, or paraphernalia intended
to be used for unlawfully injecting or consuming controlled
substances, without being authorized to so possess the same by the
rules of the Department of Corrections, rules of the prison or jail,
institution, camp, farm or place, or by the specific authorization of
the warden, superintendent, jailer, or other person in charge of the
prison, jail, institution, camp, farm or place, is guilty of a
felony punishable by imprisonment in the state prison for two, three,
or four years.
The prohibitions and sanctions addressed in this section shall be
clearly and prominently posted outside of, and at the entrance to,
the grounds of all detention facilities under the jurisdiction of, or
operated by, the state or any city, county, or city and county.



4573.8. Any person who knowingly has in his or her possession in
any state prison, prison road camp, prison forestry camp, or other
prison camp or prison farm or any place where prisoners of the state
are located under the custody of prison officials, officers, or
employees, or in any county, city and county, or city jail, road
camp, farm, or any place or institution, where prisoners or inmates
are being held under the custody of any sheriff, chief of police,
peace officer, probation officer, or employees, or within the grounds
belonging to any jail, road camp, farm, place, or institution, drugs
in any manner, shape, form, dispenser, or container, any device,
contrivance, instrument, or paraphernalia intended to be used for
unlawfully injecting or consuming drugs, or alcoholic beverages,
without being authorized to possess the same by rules of the
Department of Corrections, rules of the prison or jail, institution,
camp, farm, or place, or by the specific authorization of the
warden, superintendent, jailer, or other person in charge of the
prison, jail, institution, camp, farm, or place, is guilty of a
felony.
The prohibitions and sanctions addressed in this section shall be
clearly and prominently posted outside of, and at the entrance to,
the grounds of all detention facilities under the jurisdiction of, or
operated by, the state or any city, county, or city and county.



4573.9. Notwithstanding any other provision of law, any person,
other than a person held in custody, who sells, furnishes,
administers, or gives away, or offers to sell, furnish, administer,
or give away to any person held in custody in any state prison or
other institution under the jurisdiction of the Department of
Corrections, or in any prison camp, prison farm, or any other place
where prisoners or inmates of these institutions are located under
the custody of prison institution officials, officers, or employees,
or in any county, city and county, or city jail, road camp, farm, or
any other institution or place where prisoners or inmates are being
held under the custody of any sheriff, chief of police, peace
officer, probation officer, or employees, or within the grounds
belonging to any institution or place, any controlled substance, the
possession of which is prohibited by Division 10 (commencing with
Section 11000) of the Health and Safety Code, if the recipient is not
authorized to possess the same by the rules of the Department of
Corrections, rules of the prison or jail, institution, camp, farm, or
place, or by the specific authorization of the warden,
superintendent, jailer, or other person in charge of the prison,
jail, institution, camp, farm, or place, is guilty of a felony
punishable by imprisonment in the state prison for two, four, or six
years.
The prohibitions and sanctions addressed in this section shall be
clearly and prominently posted outside of, and at the entrance to,
the grounds of all detention facilities under the jurisdiction of, or
operatd by, the state or any city, county, or city and county.



4574. (a) Except when otherwise authorized by law, or when
authorized by the person in charge of the prison or other
institution referred to in this section or by an officer of the
institution empowered by the person in charge of the institution to
give such authorization, any person, who knowingly brings or sends
into, or knowingly assists in bringing into, or sending into, any
state prison or prison road camp or prison forestry camp, or other
prison camp or prison farm or any other place where prisoners of the
state prison are located under the custody of prison officials,
officers or employees, or any jail or any county road camp in this
state, or within the grounds belonging or adjacent to any such
institution, any firearms, deadly weapons, or explosives, and any
person who, while lawfully confined in a jail or county road camp
possesses therein any firearm, deadly weapon, explosive, tear gas or
tear gas weapon, is guilty of a felony and punishable by imprisonment
in the state prison for two, three, or four years.
(b) Except as provided in subdivision (a), any person who
knowingly brings or sends into such places any tear gas or tear gas
weapons which results in the release of such tear gas or use of such
weapon is guilty of a felony and punishable by imprisonment in the
state prison for two, three, or four years.
(c) Except as provided in subdivision (a), any person who
knowingly brings or sends into such places any tear gas or tear gas
weapons is guilty of a misdemeanor and punishable by imprisonment in
the county jail not exceeding six months, or by fine not exceeding
one thousand dollars ($1,000), or by both such fine and imprisonment.




4575. (a) Any person in a local correctional facility who possesses
a wireless communication device, including, but not limited to, a
cellular telephone, pager, or wireless Internet device, who is not
authorized to possess that item is guilty of a misdemeanor,
punishable by a fine of not more than one thousand dollars ($1,000).

(b) Any person housed in a local correctional facility who
possesses any tobacco products in any form, including snuff products,
smoking paraphernalia, any device that is intended to be used for
ingesting or consuming tobacco, or any container or dispenser used
for any of those products, is guilty of an infraction, punishable by
a fine not exceeding two hundred fifty dollars ($250).
(c) Money collected pursuant to this section shall be placed into
the inmate welfare fund, as specified in Section 4025.
(d) Subdivision (b) shall only apply to a person in a local
correctional facility in a county in which the board of supervisors
has adopted an ordinance or passed a resolution banning tobacco in
its correctional facilities.

[هيثم الفقى]

DEMOLISHING PRISONS AND JAILS
4600. (a) Every person who willfully and intentionally breaks down,
pulls down, or otherwise destroys or injures any jail, prison, or
any public property in any jail or prison, is punishable by a fine
not exceeding ten thousand dollars ($10,000), and by imprisonment in
the state prison, except that where the damage or injury to any city,
city and county, or county jail property or prison property is
determined to be four hundred dollars ($400) or less, that person is
guilty of a misdemeanor.
(b) In any case in which a person is convicted of violating this
section, the court may order the defendant to make restitution to the
public entity that owns the property damaged by the defendant. The
court shall specify in the order that the public entity that owns the
property damaged by the defendant shall not enforce the order until
the defendant satisfies all outstanding fines, penalties,
assessments, restitution fines, and restitution orders.

[هيثم الفقى]

TRIALS OF PRISONERS


4700.1. For any trial or hearing referred to in Section 4750, the
sheriff of the county where such trial or hearing is had and the
person in charge of the prison may agree that the county shall
transport prisoners in a state prison to and from such prison. Upon
such agreement, the county, and not the Department of Corrections,
shall perform the transportation referred to in this section.



4701. The jurisdiction of a criminal action for escaping from any
State prison is in any county of the State.



4702. Whenever any prisoner confined in a jail established and
maintained by the sheriff in another county, is tried for any offense
committed in such jail or for escaping or attempting to escape
therefrom, the venue shall be in the county establishing and
maintaining such jail and the costs shall be charged against that
county.



4703. With the concurrence of the Attorney General, the district
attorney may transfer the responsibility for the prosecution of any
crime committed by prisoners in physical custody in the state prisons
in the district attorney's county. As used in this section, crimes
committed while in physical custody shall include escapes and
attempted escapes but shall not include any crimes committed while a
prisoner has been conditionally released from state prison on work
furlough, parole, or upon any other conditional release where the
inmate is in constructive but not actual physical custody.

[هيثم الفقى]

LOCAL EXPENSES


4750. A city, county, or superior court shall be entitled to
reimbursement for reasonable and necessary costs connected with state
prisons or prisoners in connection with any of the following:
(a) Any crime committed at a state prison, whether by a prisoner,
employee, or other person.
With respect to a prisoner, "crime committed at a state prison" as
used in this subdivision, includes, but is not limited to, crimes
committed by the prisoner while detained in local facilities as a
result of a transfer pursuant to Section 2910 or 6253, or in
conjunction with any hearing, proceeding, or other activity for which
reimbursement is otherwise provided by this section.
(b) Any crime committed by a prisoner in furtherance of an escape.
Any crime committed by an escaped prisoner within 10 days after the
escape and within 100 miles of the facility from which the escape
occurred shall be presumed to have been a crime committed in
furtherance of an escape.
(c) Any hearing on any return of a writ of habeas corpus
prosecuted by or on behalf of a prisoner.
(d) Any trial or hearing on the question of the sanity of a
prisoner.
(e) Any costs not otherwise reimbursable under Section 1557 or any
other related provision in connection with any extradition
proceeding for any prisoner released to hold.
(f) Any costs incurred by a coroner in connection with the death
of a prisoner.
(g) Any costs incurred in transporting a prisoner within the host
county or as requested by the prison facility or incurred for
increased security while a prisoner is outside a state prison.
(h) Any crime committed by a state inmate at a state hospital for
the care, treatment, and education of the mentally disordered, as
specified in Section 7200 of the Welfare and Institutions Code.
(i) No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the Department of Corrections and Rehabilitation or to
any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.



4751. Costs incurred by a city or county include all of the
following:
(a) Costs of law enforcement agencies in connection with any
matter set forth in Section 4750, including the investigation or
evaluation of any of those matters regardless of whether a crime has
in fact occurred, a hearing held, or an offense prosecuted.
(b) Costs of participation in any trial or hearing of any matter
set forth in Section 4750, including costs for the preparation for
the trial, pretrial hearing, actual trial or hearing, expert witness
fees, the costs of guarding or keeping the prisoner, the
transportation of the prisoner, the costs of appeal, and the
execution of the sentence. The cost of detention in a city or county
correctional facility shall include the same cost factors as are
utilized by the Department of Corrections in determining the cost of
prisoner care in state correctional facilities.
(c) The costs of the prosecuting attorney in investigating,
evaluating, or prosecuting cases related to any matter set forth in
Section 4750, whether or not the prosecuting attorney decides to
commence legal action.
(d) Costs incurred by the public defender or court-appointed
attorney with respect to any matter set forth in Section 4750.
(e) Any costs incurred for providing training in the investigation
or prosecution associated with any matter set forth in Section 4750.

(f) Any other costs reasonably incurred by a county in connection
with any matter set forth in Section 4750.



4751.5. Costs incurred by a superior court include all of the
following:
(a) Costs of any trial or hearing of any matter set forth in
Section 4750, including costs for the preparation of the trial,
pretrial hearing, and the actual trial or hearing.
(b) Any other costs reasonably incurred by a superior court in
connection with any matter set forth in Section 4750.



4752. As used in this chapter, reasonable and necessary costs shall
be based upon all operating costs, including the cost of elected
officials, except superior court judges, while serving in line
functions and including all administrative costs associated with
providing the necessary services and securing reimbursement therefor.
Administrative costs include a proportional allowance for overhead
determined in accordance with current accounting practices.



4753. A city or county shall designate an officer or agency to
prepare a statement of costs that shall be reimbursed under this
chapter.
The statement shall be sent to the Controller for approval. The
statement may not include any costs that are incurred by a superior
court, as described in Section 4751.5. The Controller shall
reimburse the city or county within 60 days after receipt of the
statement or provide a written statement as to the reason for not
making reimbursement at that time. If sufficient funds are not
available, the Controller shall request the Director of Finance to
include any amounts necessary to satisfy the claims in a request for
a deficiency appropriation.



4753.5. A superior court shall prepare a statement of costs that
shall be reimbursed under this chapter. The state may not include
any costs that are incurred by a city or county, as described in
Section 4751. The statement shall be sent to the Administrative
Office of the Courts for approval and reimbursement.



4754. As used in this chapter, "prisoner" means any person
committed to a state prison, including a person who has been
transferred to any other facility, has escaped, or is otherwise
absent, but does not include a person while on parole.




4755. Whenever a person has entered upon a term of imprisonment in
a penal or correctional institution, and whenever during the
continuance of the term of imprisonment there is a detainer lodged
against the prisoner by a law enforcement or prosecutorial agency of
the state or its subdivisions, the Department of Corrections may do
either of the following:
(a) Release the inmate to the agency lodging the detainer, within
five days, or five court days if the law enforcement agency lodging
the detainer is more than 400 miles from the county in which the
institution is located, prior to the scheduled release date provided
the inmate is kept in custody until the scheduled release date.
(b) Retain the inmate in custody up to five days, or five court
days if the law enforcement agency lodging the detainer is more than
400 miles from the county in which the institution is located, after
the scheduled release date to facilitate pickup by the agency lodging
the detainer.
If a person has been retained in custody under this subdivision in
response to the issuance of a warrant of arrest charging a
particular offense and the defendant is released from custody
following the retention period without pickup by the agency lodging
the detainer, a subsequent court order shall be issued before the
arrest of that person for the same offense which was charged in the
prior warrant.
As used in this section "detainer" means a warrant of arrest.




4758. (a) A county shall be entitled to reimbursement for
reasonable and necessary costs incurred by the county with respect to
an inmate housed and treated at a state hospital in that county
pursuant to Section 2684, including, but not limited to, any trial
costs related to a crime committed at the hospital by an inmate
housed at the hospital.
(b) Where an inmate referred for treatment to a state hospital
pursuant to Section 2684 commits a crime during transportation from
prison to the hospital, or commits a crime during transportation from
the hospital to the prison, a county that prosecutes the defendant
shall be entitled to reimbursement for the costs of prosecution.
(c) No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the Department of Corrections and Rehabilitation or to
any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.

[هيثم الفقى]

REPRIEVES, PARDONS AND COMMUTATIONS
POWERS AND DUTIES OF GOVERNOR


4800. The general authority to grant reprieves, pardons and
commutations of sentence is conferred upon the Governor by Section 8
of Article V of the Constitution of the State of California.



4801. (a) The Board of Prison Terms may report to the Governor,
from time to time, the names of any and all persons imprisoned in any
state prison who, in its judgment, ought to have a commutation of
sentence or be pardoned and set at liberty on account of good
conduct, or unusual term of sentence, or any other cause, including
evidence of intimate partner battering and its effects. For purposes
of this section, "intimate partner battering and its effects" may
include evidence of the nature and effects of physical, emotional, or
mental abuse upon the beliefs, perceptions, or behavior of victims
of domestic violence where it appears the criminal behavior was the
result of that victimization.
(b) The Board of Prison Terms, in reviewing a prisoner's
suitability for parole pursuant to Section 3041.5, shall consider any
information or evidence that, at the time of the commission of the
crime, the prisoner had experienced intimate partner battering, but
was convicted of the offense prior to the enactment of Section 1107
of the Evidence Code by Chapter 812 of the Statutes of 1991. The
board shall state on the record the information or evidence that it
considered pursuant to this subdivision, and the reasons for the
parole decision. The board shall annually report to the Legislature
and the Governor on the cases the board considered pursuant to this
subdivision during the previous year, including the board's decision
and the findings of its investigations of these cases.



4802. In the case of a person twice convicted of felony, the
application for pardon or commutation of sentence shall be made
directly to the Governor, who shall transmit all papers and documents
relied upon in support of and in opposition to the application to
the Board of Prison Terms.



4803. When an application is made to the Governor for pardon or
commutation of sentence, or when an application has been referred to
the Board of Prison Terms, he or it may require the judge of the
court before which the conviction was had, or the district attorney
by whom the action was prosecuted, to furnish him or it, without
delay, with a summarized statement of the facts proved on the trial,
and of any other facts having reference to the propriety of granting
or refusing said application, together with his recommendation for or
against the granting of the same and his reason for such
recommendation.


4804. At least 10 days before the Governor acts upon an application
for a pardon, written notice of the intention to apply therefor,
signed by the person applying, must be served upon the district
attorney of the county where the conviction was had, and proof, by
affidavit, of the service must be presented to the Governor.




4806. The provisions of Section 4804 are not applicable:
1. When there is imminent danger of the death of the person
convicted or imprisoned;
2. When the term of imprisonment of the applicant is within 10
days of its expiration.


4807. The Governor must, at the beginning of every session,
communicate to the Legislature in addition to each case of reprieve,
or pardon, as provided in Article V, Section 8, of the Constitution
of California, each commutation, stating the name of the person
convicted, the crime of which he was convicted, the sentence and its
date, the date of the commutation and the reason for granting the
same.



4807.2. Every application for pardon or commutation of sentence
shall be accompanied by a full statement of any compensation being
paid to any person for procuring or assisting in procuring the pardon
or commutation or the pardon or commutation shall be denied.




4807.3. Every person who receives or agrees to receive any
compensation or who receives any gift for procuring or assisting in
procuring a pardon or commutation of sentence for any applicant must
file with the Governor a full statement of the amount and character
of such compensation or gift within 10 days of the receipt thereof.
Any failure to file a full statement as required by this section is a
misdemeanor.



4810. (a) The Board of Prison Terms shall succeed to and shall
exercise and perform all powers and duties granted to and imposed
upon the Advisory Pardon Board by law.
(b) The Advisory Pardon Board is abolished.
(c) The report required of the Board of Prison Terms by Section
4814 may be included in the report of the department.



4812. Upon request of the Governor the Board of Prison Terms shall
investigate and report on all applications for reprieves, pardons and
commutation of sentence and shall make such recommendations to the
Governor with reference thereto as to it may seem advisable. To that
end the board shall examine and consider all applications so
referred and all transcripts of judicial proceedings and all
affidavits or other documents submitted in connection therewith, and
shall have power to employ assistants and take testimony and to
examine witnesses under oath and to do any and all things necessary
to make a full and complete investigation of and concerning all
applications referred to it. Members of the board and its
administrative officer are, and each of them is, hereby authorized to
administer oaths.



4813. In the case of applications of persons twice convicted of a
felony, the Board of Prison Terms, after investigation, shall
transmit its written recommendation upon such application to the
Governor, together with all papers filed in connection with the
application.

[هيثم الفقى]

DUTIES OF SUPREME COURT
4850. No application which has not received a recommendation from
the Board of Prison Terms favorable to the applicant shall be
forwarded to the Clerk of the Supreme Court, unless the Governor,
notwithstanding the fact that the board has failed to make a
recommendation favorable to the applicant, especially refers an
application to the justices for their recommendation.



4851. In all cases where the Board of Prison Terms has made a
recommendation favorable to the applicant and in those cases referred
by the Governor, notwithstanding an adverse recommendation, the
application, together with all papers and documents relied upon in
support of and in opposition to the application, including prison
records and recommendation of the Board of Prison Terms, shall be
forwarded to the Clerk of the Supreme Court for consideration of the
justices.


4852. If a majority of the justices recommend that clemency be
granted, the clerk of the Supreme Court shall transmit the
application, together with all papers and documents filed in the
case, to the Governor; otherwise the documents shall remain in the
files of the court.

[هيثم الفقى]

PROCEDURE FOR RESTORATION OF RIGHTS AND
APPLICATION FOR PARDON


4852.01. (a) Any person convicted of a felony who has been released
from a state prison or other state penal institution or agency in
California, whether discharged on completion of the term for which he
or she was sentenced or released on parole prior to May 13, 1943,
who has not been incarcerated in a state prison or other state penal
institution or agency since his or her release and who presents
satisfactory evidence of a three-year residence in this state
immediately prior to the filing of the petition for a certificate of
rehabilitation and pardon provided for by this chapter, may file the
petition pursuant to the provisions of this chapter.
(b) Any person convicted of a felony who, on May 13, 1943, was
confined in a state prison or other institution or agency to which he
or she was committed and any person convicted of a felony after that
date who is committed to a state prison or other institution or
agency may file a petition for a certificate of rehabilitation and
pardon pursuant to the provisions of this chapter.
(c) Any person convicted of a felony or any person who is
convicted of a misdemeanor violation of any *** offense specified in
Section 290, the accusatory pleading of which has been dismissed
pursuant to Section 1203.4, may file a petition for certificate of
rehabilitation and pardon pursuant to the provisions of this chapter
if the petitioner has not been incarcerated in any prison, jail,
detention facility, or other penal institution or agency since the
dismissal of the accusatory pleading and is not on probation for the
commission of any other felony, and the petitioner presents
satisfactory evidence of five years residence in this state prior to
the filing of the petition.
(d) This chapter shall not apply to persons serving a mandatory
life parole, persons committed under death sentences, persons
convicted of a violation of subdivision (c) of Section 286, Section
288, subdivision (c) of Section 288a, Section 288.5, or subdivision
(j) of Section 289, or persons in the military service.
(e) Notwithstanding the above provisions or any other provision of
law, the Governor shall have the right to pardon a person convicted
of a violation of subdivision (c) of Section 286, Section 288,
subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of
Section 289, if there are extraordinary circumstances.



4852.03. (a) The period of rehabilitation shall begin to run upon
the discharge of the petitioner from custody due to his or her
completion of the term to which he or she was sentenced or upon his
or her release on parole or probation, whichever is sooner. For
purposes of this chapter, the period of rehabilitation shall
constitute five years' residence in this state, plus a period of time
determined by the following rules:
(1) To the five years there shall be added four years in the case
of any person convicted of violating Section 187, 209, 219, 4500 or
12310 of this code, or subdivision (a) of Section 1672 of the
Military and Veterans Code, or of committing any other offense which
carries a life sentence.
(2) To the five years there shall be added five years in the case
of any person convicted of committing any offense or attempted
offense for which *** offender registration is required pursuant to
Section 290, except for convictions for violations of subdivision
(b), (c), or (d) of Section 311.2, or of Section 311.3, 311.10, or
314. For those convictions, two years shall be added to the five
years imposed by this section.
(3) To the five years there shall be added two years in the case
of any person convicted of committing any offense that is not listed
in paragraph (1) or paragraph (2) and that does not carry a life
sentence.
(4) The trial court hearing the application for the certificate of
rehabilitation may, if the defendant was ordered to serve
consecutive sentences, order that his or her statutory period of
rehabilitation be extended for an additional period of time which
when combined with the time already served will not exceed the period
prescribed by statute for the sum of the maximum penalties for all
the crimes.
(5) Any person who was discharged after completion of his or her
term or was released on parole before May 13, 1943, is not subject to
the periods of rehabilitation set forth in these rules.
(b) Unless and until the period of rehabilitation, as stipulated
in this section, has passed, the petitioner shall be ineligible to
file his or her petition for a certificate of rehabilitation with the
court. Any certificate of rehabilitation that is issued and under
which the petitioner has not fulfilled the requirements of this
chapter shall be void.
(c) A change of residence within this state does not interrupt the
period of rehabilitation prescribed by this section.



4852.04. Each person who may initiate the proceedings provided for
in this chapter shall be entitled to receive counsel and assistance
from all rehabilitative agencies, including the adult probation
officer of the county and all state parole officers, and, in the case
of persons under the age of 30 years, from the Youth Authority.




4852.05. The person shall live an honest and upright life, shall
conduct himself or herself with sobriety and industry, shall exhibit
a good moral character, and shall conform to and obey the laws of the
land.


4852.06. Except as provided in subdivision (a) of Section 4852.01,
after the expiration of the minimum period of rehabilitation
applicable to him or her (and, in the case of persons released upon
parole or probation, after the termination of parole or probation),
each person who has complied with the requirements of Section 4852.05
may file in the superior court of the county in which he or she then
resides a petition for ascertainment and declaration of the fact of
his or her rehabilitation and of matters incident thereto, and for a
certificate of rehabilitation under this chapter. No petition shall
be filed until and unless the petitioner has continuously resided in
this state, after leaving prison, for a period of not less than five
years immediately preceding the date of filing the petition.




4852.07. The petitioner shall give notice of the filing of the
petition to the district attorney of the county in which the petition
is filed, to the district attorney of each county in which the
petitioner was convicted of a felony or of a crime the accusatory
pleading of which was dismissed pursuant to Section 1203.4, and to
the office of the Governor, together with notice of the time of the
hearing of the petition, at least 30 days prior to the date set for
such hearing.



4852.08. During the proceedings upon the petition, the petitioner
may be represented by counsel of his own selection; if he has no such
counsel he shall be represented by the public defender, if there is
one in the county, and if there is none, by the adult probation
officer of the county or if in the opinion of the court the
petitioner needs counsel, the court shall assign counsel to represent
him.



4852.09. No filing fee nor court fees of any kind shall be required
of a petitioner in proceedings under this chapter.



4852.1. The court in which the petition is filed may require such
testimony as it deems necessary, and the production, for the use of
the court and without expense of any kind to the petitioner, of all
records and reports relating to the petitioner and the crime of which
he was convicted, including the record of the trial, the report of
the probation officer, if any, the records of the prison, jail,
detention facility or other penal institution from which the
petitioner has been released showing his conduct during the time he
was there, the records of the penal institution or agency doctor and
psychiatrist, the records of the parole officer concerning him if he
was released on parole, the records of the Youth Authority concerning
him if he has been committed to the authority, and written reports
or records of any other law enforcement agency concerning the conduct
of the petitioner since his release on probation or parole or
discharge from custody. All persons having custody of any such
records shall make them available for the use of the court in the
proceeding.



4852.11. Any peace officer shall report to the court, upon
receiving a request as provided in Section 4852.1, all violations of
law committed by said petitioner which may come to his knowledge.
Upon receiving satisfactory proof of such violation the court may
deny the petition and determine a new period of rehabilitation not to
exceed the original period of rehabilitation for the same crime. In
that event, before granting the petition, the court may thereafter
require the petitioner to fulfill all the requirements provided to be
fulfilled before the granting of the certificate under the original
petition.


4852.12. (a) In any proceeding for the ascertainment and
declaration of the fact of rehabilitation under this chapter, the
court, upon the filing of the application for petition of
rehabilitation, may request from the district attorney an
investigation of the residence of the petitioner, the criminal record
of the petitioner as shown by the records of the Department of
Justice, any representation made to the court by the applicant, the
conduct of the petitioner during his period of rehabilitation,
including all matters mentioned in Section 4852.11, and any other
information the court may deem necessary in making its determination.
If so requested, the district attorney shall provide the court with
a full and complete report of such investigations.
(b) In any proceeding for the ascertainment and declaration of the
fact of rehabilitation under this chapter of a person convicted of a
crime the accusatory pleading of which has been dismissed pursuant
to Section 1203.4, the district attorney, upon request of the court,
shall deliver to the court the criminal record of petitioner as shown
by the records of the Department of Justice. The district attorney
may investigate any representation made to the court by petitioner
and may file with the court a report of the investigation including
all matters known to the district attorney relating to the conduct
and place and duration of residence of the petitioner during the
period of rehabilitation and all known violations of law committed by
petitioner.



4852.13. (a) Except as otherwise provided in subdivision (b), if
after hearing, the court finds that the petitioner has demonstrated
by his or her course of conduct his or her rehabilitation and his or
her fitness to exercise all of the civil and political rights of
citizenship, the court may make an order declaring that the
petitioner has been rehabilitated, and recommending that the Governor
grant a full pardon to the petitioner. This order shall be filed
with the clerk of the court, and shall be known as a certificate of
rehabilitation.
(b) No certificate of rehabilitation shall be granted to a person
convicted of any offense specified in Section 290 if the court
determines that the petitioner presents a continuing threat to minors
of committing any of the offenses specified in Section 290.
(c) A district attorney in either the county where the conviction
was obtained or the county of residence of the recipient of the
certificate of rehabilitation may petition the superior court to
rescind a certificate if it was granted for any offense specified in
Section 290. The petition shall be filed in either the county in
which the person who has received the certificate of rehabilitation
resides or the county in which the conviction was obtained. If the
superior court finds that petitioner has demonstrated by a
preponderance of the evidence that the person who has received the
certificate presents a continuing threat to minors of committing any
of the offenses specified in Section 290, the court shall rescind the
certificate.



4852.14. The clerk of the court shall immediately transmit
certified copies of the certificate of rehabilitation to the
Governor, to the Board of Prison Terms and the Department of Justice,
and, in the case of persons twice convicted of a felony, to the
Supreme Court.



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



4852.16. The certified copy of a certificate of rehabilitation
transmitted to the Governor shall constitute an application for a
full pardon upon receipt of which the Governor may, without any
further investigation, issue a pardon to the person named therein,
except that, pursuant to Section 8 of Article V of the Constitution,
the Governor shall not grant a pardon to any person twice convicted
of felony, except upon the written recommendation of a majority of
the judges of the Supreme Court.



4852.17. Whenever a person is issued a certificate of
rehabilitation or granted a pardon from the Governor under this
chapter, the fact shall be immediately reported to the Department of
Justice by the court, Governor, officer, or governmental agency by
whose official action the certificate is issued or the pardon
granted. The Department of Justice shall immediately record the
facts so reported on the former criminal record of the person, and
transmit those facts to the Federal Bureau of Investigation at
Washington, D.C. When the criminal record is thereafter reported by
the department, it shall also report the fact that the person has
received a certificate of rehabilitation, or pardon, or both.
Whenever a person is granted a full and unconditional pardon by
the Governor, based upon a certificate of rehabilitation, the pardon
shall entitle the person to exercise thereafter all civil and
political rights of citizenship, including but not limited to: (1)
the right to vote; (2) the right to own, possess, and keep any type
of firearm that may lawfully be owned and possessed by other
citizens; except that this right shall not be restored, and Sections
12001 and 12021 shall apply, if the person was ever convicted of a
felony involving the use of a dangerous weapon.



4852.18. The Board of Prison Terms shall furnish to the clerk of
the superior court of each county a set of sample forms for a
petition for certificate of rehabilitation and pardon, a notice of
filing of petition for certificate of rehabilitation and pardon, and
a certificate of rehabilitation. The clerk of the court shall have a
sufficient number of these forms printed to meet the needs of the
people of the county, and shall make these forms available at no
charge to persons requesting them.



4852.19. This chapter shall be construed as providing an
additional, but not an exclusive, procedure for the restoration of
rights and application for pardon. Nothing in this chapter shall be
construed as repealing any other provision of law providing for
restoration of rights or application for pardon.



4852.2. Every person, other than an individual who is licensed to
practice law in the State of California, pursuant to Article 4
(commencing with Section 6060) of Chapter 4 of Division 3 of the
Business and Professions Code and who is acting in that capacity, who
solicits or accepts any fee, money, or anything of value for his or
her services, or his or her purported services, in representing a
petitioner in any proceeding under this chapter, or in any
application to the Governor for a pardon under this chapter, is
guilty of a misdemeanor.


4852.21. (a) Any person to whom this chapter applies shall, prior
to his discharge or release on parole from a state prison or other
state penal institution or agency, be informed in writing by the
official in charge of the place of confinement of his right to
petition for, and of the procedure for filing the petition for, and
obtaining, a certificate of rehabilitation and pardon pursuant to
this chapter.
(b) Prior to dismissal of the accusatory pleading pursuant to
Section 1203.4, the defendant shall be informed in writing by the
clerk of the court dismissing the accusatory pleading of the
defendant's right, if any, to petition for, and of the procedure for
filing a petition for, and obtaining, a certificate of rehabilitation
and pardon pursuant to this chapter.

[هيثم الفقى]

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




4854. In the granting of a pardon to a person, the Governor may
provide that the person is entitled to exercise the right to own,
possess and keep any type of firearm that may lawfully be owned and
possessed by other citizens; except that this right shall not be
restored, and Sections 12001 and 12021 shall apply, if the person was
ever convicted of a felony involving the use of a dangerous weapon.

[هيثم الفقى]

INDEMNITY FOR PERSONS ERRONEOUSLY CONVICTED AND
PARDONED


4900. Any person who, having been convicted of any crime against
the state amounting to a felony and imprisoned in the state prison
for that conviction, is granted a pardon by the Governor for the
reason that the crime with which he or she was charged was either not
committed at all or, if committed, was not committed by him or her,
or who, being innocent of the crime with which he or she was charged
for either of the foregoing reasons, shall have served the term or
any part thereof for which he or she was imprisoned, may, under the
conditions provided under this chapter, present a claim against the
state to the California Victim Compensation and Government Claims
Board for the pecuniary injury sustained by him or her through the
erroneous conviction and imprisonment.



4901. A claim under Section 4900, accompanied by a statement of the
facts constituting the claim, verified in the manner provided for
the verification of complaints in civil actions, must be presented by
the claimant to the California Victim Compensation and Government
Claims Board within a period of six months after judgment of
acquittal or discharge given, or after pardon granted, or after
release from imprisonment, and at least four months prior to the next
meeting of the Legislature and no claim not so presented shall be
considered California Victim Compensation and Government Claims
Board.


4902. Upon presentation of a claim under Section 4900, the
California Victim Compensation and Government Claims Board shall fix
a time and place for the hearing of the claim, and shall mail notice
thereof to the claimant and to the Attorney General at least 15 days
prior to the time fixed for the hearing.



4903. On such hearing the claimant shall introduce evidence in
support of the claim, and the Attorney General may introduce evidence
in opposition thereto. The claimant must prove the facts set forth
in the statement constituting the claim, including the fact that the
crime with which he was charged was either not committed at all, or,
if committed, was not committed by him, the fact that he did not, by
any act or omission on his part, either intentionally or negligently,
contribute to the bringing about of his arrest or conviction for the
crime with which he was charged, and the pecuniary injury sustained
by him through his erroneous conviction and imprisonment.



4904. If the evidence shows that the crime with which the claimant
was charged was either not committed at all, or, if committed, was
not committed by the claimant, and that the claimant did not, by any
act or omission either intentionally or negligently, contribute to
the bringing about of his or her arrest or conviction, and that the
claimant has sustained pecuniary injury through his or her erroneous
conviction and imprisonment, the California Victim Compensation and
Government Claims Board shall report the facts of the case and its
conclusions to the next Legislature, with a recommendation that an
appropriation be made by the Legislature for the purpose of
indemnifying the claimant for the pecuniary injury. The amount of the
appropriation recommended shall be a sum equivalent to one hundred
dollars ($100) per day of incarceration served subsequent to the
claimant's conviction and that appropriation shall not be treated as
gross income to the recipient under the Revenue and Taxation Code.



4905. The California Victim Compensation and Government Claims
Board shall make up its report and recommendation and shall give to
the Controller a statement showing its recommendations for
appropriations under this chapter, as provided by law in cases of
other claimants against the state for which no appropriations have
been made.



4906. The California Victim Compensation and Government Claims
Board is hereby authorized to make all needful rules and regulations
consistent with the law for the purpose of carrying into effect this
chapter.
ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM
THE DEPARTMENT OF CORRECTIONS AND REHABILITATION


5000. Commencing July 1, 2005, any reference to the Department of
Corrections in this or any other code refers to the Department of
Corrections and Rehabilitation, Division of Adult Operations.
Nothing in the act enacted by Senate Bill 737 of the 2005-06
Regular Session shall be construed to alter the primary objective of
adult incarceration under the reorganized Department of Corrections
and Rehabilitation, which remains public safety as articulated in the
legislative findings and declarations set forth in Section 1170.



5001. The Governor may request the State Personnel Board to use
extensive recruitment and merit selection techniques and procedures
to provide lists of persons qualified for appointment pursuant to
Article 14 (commencing with Section 12838) of Chapter 1 of Part 2.5
of Division 3 of the Government Code. The Governor may appoint any
person from the lists of qualified persons or may reject all names
and appoint other persons who meet the requirements of the positions.



5002. (a) The department shall succeed to and is hereby vested with
all of the powers and duties exercised and performed by the
following departments, boards, bureaus, commissions, and officers
when such powers and duties are not otherwise vested by law:
(1) The Department of Penology.
(2) The State Board of Prison Directors.
(3) The Bureau of Paroles.
(4) The warden and the clerk of the California State Prison at San
Quentin.
(5) The warden and the clerk of the California State Prison at
Folsom.
(6) The warden of and the clerk of the California Institution for
Men.
(7) The California Crime Commission.
(b) Whenever any designation of any of the departments, boards,
bureaus, commissions, or officers mentioned in subdivision (a) is
contained in any provision of law and this designation is expressly
made to refer to the Department of Corrections, the Board of
Corrections or the Board of Prison Terms, then the Department of
Corrections, the Board of Corrections or the Board of Prison Terms,
to whichever one the designation is made to refer, shall exercise the
power or perform the duty heretofore exercised or performed by the
particular departments, boards, bureaus, or officers mentioned in
subdivision (a).
(c) The powers and duties of the State Board of Prison Directors
and of the clerks of the state prisons and the California Institution
for Men are transferred to and shall be exercised and performed by
the Department of Corrections, except as may be otherwise expressly
provided by law.
(d) The powers and duties of wardens of the state prisons and the
California Institution for Men, presently or hereafter, expressly
vested by law in them shall be exercised by them but such exercise
shall be subject to the supervision and control of the Director of
Corrections. All powers and duties not expressly vested in the
wardens are transferred to and shall be exercised and performed by
the Department of Corrections. When the designation of warden is
expressly made to refer to the Department of Corrections, the
department shall exercise the power and perform the duty heretofore
exercised or performed by the warden.
(e) The Board of Prison Terms shall succeed to and is hereby
vested with all of the powers and duties exercised and performed by
the following boards when such powers and duties are not otherwise
vested by law:
(1) The Board of Prison Terms and Paroles.
(2) The Advisory Pardon Board.
(3) The Adult Authority.
(4) The Women's Board of Terms and Paroles.
(5) The Community Release Board.



5003. The department has jurisdiction over the following prisons
and institutions:
(a) The California State Prison at San Quentin.
(b) The California State Prison at Folsom.
(c) The California Institution for Men.
(d) The California Institution for Women.
(e) The Deuel Vocational Institution.
(f) The California Medical Facility.
(g) The Correctional Training Facility.
(h) The California Men's Colony.
(i) The California Correctional Institution at Tehachapi.
(j) The California Rehabilitation Center.
(k) The California Correctional Center at Susanville.
(l) The Sierra Correctional Center.
(m) The Richard J. Donovan Correctional Facility at Rock Mountain.

(n) Mule Creek State Prison.
(o) Northern California Women's Facility.
(p) Pelican Bay State Prison.
(q) Avenal State Prison.
(r) California State Prison--King's County at Corcoran.
(s) Chuckawalla Valley State Prison.
(t) Those other institutions and prison facilities as the
Department of Corrections or the Director of Corrections may be
authorized by law to establish, including, but not limited to,
prisons in Madera, Kern, Imperial, and Los Angeles Counties.



5003.5. The Board of Parole Hearings is empowered to advise and
recommend to the Secretary of the Department of Corrections and
Rehabilitation on general and specific policies and procedures
relating to the duties and functions of the secretary. The secretary
is empowered to advise and recommend to the board on matters of
general and specific policies and procedures, relating to the duties
and functions of the board. The secretary and the board shall meet
for purposes of exchange of information and advice.



5004. The Director of Corrections and the legislative body of any
county or city may enter into agreements for mutual police aid.
Pursuant to such agreements the director may authorize employees of
state prisons and institutions to cooperate, anywhere within the
State, with county and city peace officers in connection with any
existing emergency. While so employed the employees shall have all
the benefits of workmen's compensation laws, retirement laws, and all
other similar laws and for such purposes shall be deemed to be
performing services in the course of their regular official duties.



5004.5. The director shall require each state prison under the
department's jurisdiction to develop a Mutual Aid Escape Pursuit Plan
and Agreement with local law enforcement agencies. The plan,
together with any supporting information, shall be submitted for
annual review to the city council of the city containing or nearest
to the institution and to the county board of supervisors of the
county containing the prison.
Nothing in this section shall require the department to disclose
any information which may threaten the security of an institution or
the safety of the surrounding community.



5005. The department may maintain a canteen at any prison or
institution under its jurisdiction for the sale to persons confined
therein of toilet articles, candy, notions, and other sundries, and
may provide the necessary facilities, equipment, personnel, and
merchandise for the canteen. The director shall specify what
commodities shall be sold in the canteen. The sale prices of the
articles offered for sale shall be fixed by the director at the
amounts that will, as far as possible, render each canteen
self-supporting. The department may undertake to insure against
damage or loss of canteen and handicraft materials, supplies and
equipment owned by the Inmate Welfare Fund of the Department of
Corrections as provided in Section 5006.
The canteen operations at any prison or institution referred to in
this section shall be audited biennially by the Department of
Finance, and at the end of each intervening fiscal year, each prison
or institution shall prepare a statement of operations. At least one
copy of any audit report or statement of operations shall be posted
at the canteen and at least one copy shall be available to inmates at
the library of each prison or institution.




5006. All moneys now held for the benefit of prisoners including
that known as the Inmate Canteen Fund of the California Institution
for Men, and the Inmate Welfare Fund of the California Institution
for Women, and the Trust Contingent Fund of the State Prison at
Folsom, and the S.P.L. Commissary, Canteen Account, Hobby
Association, Camp Account, Library Fund, News Agency of the State
Prison at San Quentin, the Prisoners' Fund, and the Prisoners'
Employment Fund, shall be deposited in the Inmate Welfare Fund of the
Department of Corrections, in the State Treasury, which fund is
hereby created. The money in the fund shall be used for the benefit,
education, and welfare of inmates of prisons and institutions under
the jurisdiction of the Department of Corrections, including but not
limited to the establishment, maintenance, employment of personnel
for, and purchase of items for sale to inmates at canteens maintained
at the state institutions, and for the establishment, maintenance,
employment of personnel and necessary expenses in connection with the
operation of the hobby shops at institutions under the jurisdiction
of the Department of Corrections.
There shall be deposited in the Inmate Welfare Fund all net
proceeds from the operation of canteens and hobby shops and any
moneys which may be assigned to the state prison by prisoners for
deposit in the fund. The moneys in the fund shall constitute a trust
held by the Director of Corrections for the benefit and welfare as
herein defined of all of the inmates of institutions and prisons
under the jurisdiction of the Department of Corrections.
The Department of Finance shall conduct a biennial audit of the
Inmate Welfare Fund to include an audit report which shall summarize
expenditures from the fund by major categories. At the end of each
intervening fiscal year, a statement of operations shall be prepared
which shall contain the same information as would be provided in the
biennial audit. At least one copy of any statement of operations or
audit report shall be placed in each library maintained by the
Department of Corrections and shall be available there to any inmate.




5006.1. Notwithstanding any provision in Section 5006, money in the
Inmate Welfare Fund shall not be expended to pay charges for any or
all of the following purposes:
(a) Overtime for staff coverage of special events.
(b) Television repair.
(c) Athletic and recreation supplies.
(d) Original complement of television sets and replacement of
television equipment.
The department shall pay these charges out of any money
appropriated for these purposes.


5007. The Director of Corrections may invest any money in the
Inmate Welfare Fund that in his opinion is not necessary for
immediate use, with the approval of the Department of Finance, and
interest earned and other increment derived from investments made
pursuant to this section shall be paid into the Inmate Welfare Fund
of the Department of Corrections.



5007.5. (a) The Director of Corrections is authorized to charge a
fee in the amount of five dollars ($5) for each inmate-initiated
medical visit of an inmate confined in the state prison.
(b) The fee shall be charged to the prison account of the inmate.
If the inmate has no money in his or her personal account, there
shall be no charge for the medical visit.
(c) An inmate shall not be denied medical care because of a lack
of funds in his or her prison account.
(d) The medical provider may waive the fee for any
inmate-initiated treatment and shall waive the fee in any
life-threatening or emergency situation, defined as those health
services required for alleviation of severe pain or for immediate
diagnosis and treatment of unforeseen medical conditions that if not
immediately diagnosed and treated could lead to disability or death.

(e) Followup medical visits at the direction of the medical staff
shall not be charged to the inmate.
(f) All moneys received by the Director of Corrections pursuant to
this section shall, upon appropriation by the Legislature, be
expended to reimburse the Department of Corrections for direct
provision of inmate health care services.



5007.7. Pregnant inmates temporarily taken to a hospital outside
the prison for the purposes of childbirth shall be transported in the
least restrictive way possible, consistent with the legitimate
security needs of each inmate. Upon arrival at the hospital, once the
inmate has been declared by the attending physician to be in active
labor, the inmate shall not be shackled by the wrists, ankles, or
both, unless deemed necessary for the safety and security of the
inmate, the staff, and the public.



5008. The Director of Corrections shall deposit any funds of
inmates in his possession in trust with the Treasurer pursuant to
Section 16305.3 of the Government Code, except that the Director of
Corrections, when specifically authorized on a separate written form
by the inmate and subject to the approval of the Department of
Finance, may deposit such funds in interest-bearing bank accounts or
invest or reinvest such funds in any of the securities which are
described in Article 1 (commencing with Section 16430) of Chapter 3
of Part 2 of Division 4 of Title 2 of the Government Code and for the
purposes of deposit or investment only may mingle the funds of any
inmate with the funds of other inmates. The director shall deposit
the interest or increment accruing on such funds in the Inmate
Welfare Fund. Any interest or increment accruing on the funds of a
parolee shall be deposited in his or her account.



5008.1. Subject to the availability of adequate state funding for
these purposes, the Director of Corrections shall provide all inmates
at each penal institution and prison facility under the jurisdiction
of the department with information about behavior that places a
person at high risk for contracting the human immunodeficiency virus
(HIV), and about the prevention of transmission of acquired immune
deficiency syndrome (AIDS). The director shall provide all inmates,
who are within one month of release or being placed on parole, with
information about agencies and facilities that provide testing,
counseling, medical, and support services for AIDS victims.
Information about AIDS prevention shall be solicited by the director
from the State Department of Health Services, the county health
officer, or local agencies providing services to persons with AIDS.
The Director of Health Services, or his or her designee, shall
approve protocols pertaining to the information to be disseminated
under this section.


5008.2. (a) During the intake medical examination or intake health
screening, or while providing general information during intake, the
department shall provide all inmates with information on hepatitis C,
including, but not limited to, methods of hepatitis C transmission
and prevention, and information on opportunities for screening and
treatment while incarcerated. This subdivision shall be implemented
only to the extent that brochures, other printed information, or
other media is provided at no charge to the department by public
health agencies or any other organization promoting hepatitis C
education.
(b) The department shall also provide hepatitis C screening to all
inmates who request it, and offer it to inmates that have a history
of intravenous drug use or other risk factors for hepatitis C. This
testing shall be confidential. The medical copayment authorized in
Section 5007.5 shall not be charged for hepatitis C testing,
treatment, or any followup testing.



5009. (a) It is the intention of the Legislature that all prisoners
shall be afforded reasonable opportunities to exercise religious
freedom.
(b) (1) Except in extraordinary circumstances, upon the transfer
of an inmate to another state prison institution, any member of the
clergy or spiritual adviser who has been previously authorized by the
Department of Corrections and Rehabilitation to visit that inmate
shall be granted visitation privileges at the institution to which
the inmate is transferred within 72 hours of the transfer.
(2) Visitations by members of the clergy or spiritual advisers
shall be subject to the same rules, regulations, and policies
relating to general visitations applicable at the institution to
which the inmate is transferred.
(3) A departmental or volunteer chaplain who has ministered to or
advised an inmate incarcerated in state prison may, voluntarily and
without compensation, continue to minister to or advise the inmate
while he or she is on parole, provided that the departmental or
volunteer chaplain so notifies the warden and the parolee's parole
agent in writing.
(c) Nothing in this section limits the department's ability to
prohibit a departmental chaplain from ministering to a parolee, or to
exclude a volunteer chaplain from department facilities, if either
is found to be in violation of any law or regulation and that
violation would ordinarily be grounds for adverse action or denial of
access to a facility or person under the department's custody.




5010. (a) The Legislature hereby finds and declares that the
predominant purpose of exercise in correctional facilities should be
for the maintenance of the general health and welfare of inmates and
that exercise equipment and programs in correctional facilities
should be consistent with this purpose.
The Legislature further finds and declares that in some cases it
may be beneficial to provide access to weights for therapeutic or
rehabilitative reasons under a doctor's order or for certain
vocational activities such as firefighting.
(b) It is the intent of the Legislature that both the Department
of Corrections and the Department of the Youth Authority eliminate or
restrict access to weights and weight lifting equipment where it is
determined that the particular type of equipment involved or the
particular prison population or inmate involved poses a safety
concern both in the correctional facility and to the public upon
release. In those instances where inmates are allowed access to
weights and weight lifting equipment, access shall be a privilege.
As a condition of inmate access to weights and weight lifting
equipment, the departments may require inmates to participate in
training in the proper use of weights and weight lifting equipment
that emphasizes departmental rules and safety practices that must be
observed when using weights and weight lifting equipment.
The directors of the departments, or their respective designees,
may restrict individual or group access to weights and weight lifting
equipment as deemed necessary for the orderly operation of the
correctional facility.
(c) On or before July 1, 1995, both the Department of Corrections
and the Department of the Youth Authority shall adopt regulations
governing inmate access to weight lifting and weight training
equipment in state prison and California Youth Authority facilities,
respectively. In developing these regulations, the departments shall
consider each of the following:
(1) Some prisoners may utilize weight equipment to develop
strength and increase body mass and size rather than for the
maintenance of general health. This use of weight equipment may
create a risk of harm to other inmates, correctional officers, and
staff and, upon release, to law enforcement officers and the general
public.
(2) The improper use of weights and weight lifting equipment may
result in injuries that require costly medical attention.
(3) Access to weights and weight lifting equipment by inmates may
result in the use of the equipment by inmates to attack other inmates
or correctional officers.


5011. (a) The Department of Corrections shall not require, as a
condition for any form of treatment or custody that the department
offers, an admission of guilt to any crime for which an inmate was
committed to the custody of the department.
(b) The Board of Prison Terms shall not require, when setting
parole dates, an admission of guilt to any crime for which an inmate
was committed.


5021. (a) Any death that occurs in any facility operated by the
Department of Corrections, the Department of the Youth Authority, the
State Department of Mental Health, a city, county, or city and
county, including county juvenile facilities, or any facility which
is under contract with any of these entities for the incarceration,
rehabilitation, holding, or treatment of persons accused or convicted
of crimes, shall be reported within a reasonable time, not to exceed
two hours, of its discovery by authorities in the facility to the
county sheriff, or his or her designated representative, and to the
coroner's office, of the county in which the facility is located, as
provided in Section 27491 of the Government Code. These deaths shall
also be reported to the district attorney, or his or her designated
representative, of the county in which the facility is located as
soon as a representative of the district attorney's office is on
duty. If the facility is located within the city limits of an
incorporated city, the report shall also be made to the chief of
police in that city, or to his or her designated representative,
within a reasonable time, not to exceed two hours, of its discovery.

Any death of a person in a facility operated by the Department of
Corrections or by the Department of the Youth Authority shall also be
reported to the Chief of Medical Services in the Central Office of
the Department of Corrections, or his or her designated
representative, or to the Chief of Medical Services in the Central
Office of the Department of the Youth Authority, or his or her
designated representative, whichever applies, as soon as a
representative of that office is on duty.
(b) The initial report of the death of a person required in
subdivision (a) may be transmitted by telephone, direct contact, or
by written notification, and shall outline all pertinent facts known
at the time the report is made and all persons to contact, in
addition to any other information the reporting person or officer
deems pertinent.
(c) The initial report of the death of a person as required in
subdivision (a) shall be supplemented by a written report, which
shall be submitted to the entities listed in subdivision (a) within
eight hours of the discovery of the death. This written report shall
include all circumstances and details of the death that were known
at the time the report was prepared, and shall include the names of
all persons involved in the death, and all persons with knowledge of
the circumstances surrounding the death.



5022. (a) Upon the entry of a prisoner into a facility operated by
the Department of Corrections, and at least every year thereafter,
the Director of Corrections shall obtain from the prisoner the name
and last known address and telephone number of any person or persons
who shall be notified in the event of the prisoner's death or serious
illness or serious injury, as determined by the physician in
attendance, and who are authorized to receive his or her body. The
persons shall be noted in the order of the prisoner's preference.
The Director of Corrections shall provide the prisoner with the
opportunity to modify or amend his or her notification list at any
time.
(b) The Director of Corrections shall use all reasonable means to
contact the person or persons set forth in the notification list upon
the death or serious illness or serious injury, as determined by the
physician in attendance, of the prisoner while confined in a
facility operated by the Department of Corrections.



5023. (a) It is the intent of the Legislature that the Department
of Corrections operate in the most cost-effective and efficient
manner possible when purchasing health care services for inmates. To
achieve this goal, it is desirable that the department have the
benefit and experience of the California Medical Assistance
Commission in planning and negotiating for the purchase of health
care services.
(b) The Department of Corrections shall consult with the
commission to assist the department in planning and negotiating
contracts for the purchase of health care services. The commission
shall advise the department, and may negotiate directly with
providers on behalf of the department, as mutually agreed upon by the
commission and the department.



5023.5. (a) Notwithstanding any other provision of law, the
Department of Corrections and the Department of the Youth Authority
may contract with providers of emergency health care services.
Hospitals that do not contract with the Department of Corrections or
the Department of the Youth Authority for emergency health care
services shall provide these services to these departments on the
same basis as they are required to provide these services pursuant to
Section 489.24 of Title 42 of the Code of Federal Regulations.
Neither the Department of Corrections nor the Department of the Youth
Authority shall reimburse a hospital that provides these services,
and that the department has not contracted with, at a rate that
exceeds the hospital's reasonable and allowable costs, regardless of
whether the hospital is located within or outside of California.
(b) An entity that provides ambulance or any other emergency or
nonemergency response service to the Department of Corrections or the
Department of the Youth Authority, and that does not contract with
the departments for that service, shall be reimbursed for the service
at the rate established by Medicare. Neither the Department of
Corrections nor the Department of the Youth Authority shall reimburse
a provider of any of these services that the department has not
contracted with at a rate that exceeds the provider's reasonable and
allowable costs, regardless of whether the provider is located within
or outside of California.
(c) The Department of Corrections and the Department of the Youth
Authority shall work with the State Department of Health Services in
obtaining hospital cost information in order to establish the costs
allowable under this section. The State Department of Health
Services may provide the Department of Corrections or the Department
of the Youth Authority with hospital cost information that the State
Department of Health Services obtains pursuant to Sections 14170 and
14171 of the Welfare and Institutions Code.
(d) For the purposes of this section, "reasonable and allowable
costs" shall be defined in accordance with Part 413 of Title 42 of
the Code of Federal Regulations and federal Centers for Medicare and
Medicaid Services Publication Numbers 15.1 and 15.2.



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



5024.5. (a) The Department of Corrections shall adopt policies,
procedures, and criteria to identify selected medication categories
for the development of utilization protocols based on best practices,
and the use of generic and therapeutic substitutes, as appropriate.

(b) The department shall develop utilization and treatment
protocols for select medication categories based on defined priority
criteria, including, but not limited to, the cost of the medications.

(c) On or before April 1, 2006, the department shall provide
information, as part of the fiscal committee budget hearings for the
2006-07 budget year, on the impact of the adoption of these
protocols.
(d) The department shall coordinate the implementation of this
section with the Department of General Services' prescription drug
bulk purchasing program pursuant to Chapter 12 (commencing with
Section 14977) of Part 5.5 of Division 3 of Title 2 of the Government
Code, in order to better achieve the goals and intent of that
program.
(e) It is the intent of the Legislature that the department shall
complete the implementation of this section utilizing the existing
resources of the department.


5025. (a) On or before July 1, 1993, the Department of Corrections
shall implement and maintain procedures to identify inmates serving
terms in state prison who are undocumented aliens subject to
deportation. This identification procedure shall be completed, as to
each inmate, within 90 days of the Department of Corrections having
taken custody of the inmate.
(b) The procedures implemented by the department, pursuant to
subdivision (a), shall include, but not be limited to, the following
criteria for determining the country of citizenship of any person
serving a term in state prison:
(1) Country of citizenship.
(2) Place of birth.
(3) Inmate's statements.
(4) Prior parole records.
(5) Prior arrest records.
(6) Probation Officer's Report (POR).
(7) Information from the Department of Justice's Criminal
Identification and Information Unit.
(8) Other legal documents.
(c) The Department of Corrections shall report annually to the
Legislature the number of persons identified as undocumented aliens
pursuant to subdivision (a). The reports shall contain the number of
persons referred, the race, national origin, and national ancestry
of persons referred, the offense or offenses for which the person was
committed to state prison, and the disposition of the referral, if
known.


5025. (a) Immediately upon the effective date of the amendments to
this section made at the 1993-94 First Extraordinary Session of the
Legislature, the Department of Corrections and the Department of the
Youth Authority shall implement and maintain procedures to identify,
within 90 days of assuming custody, inmates serving terms in state
prison or wards of the Department of the Youth Authority who are
undocumented felons subject to deportation. The Department of
Corrections and the Department of the Youth Authority shall refer to
the United States Immigration and Naturalization Service the name and
location of any inmate or ward who may be an undocumented alien and
who may be subject to deportation for a determination of whether the
inmate or ward is undocumented and subject to deportation. The
Department of Corrections and the Department of the Youth Authority
shall make case files available to the United States Immigration and
Naturalization Service for purposes of investigation.
(b) The procedures implemented by the department pursuant to
subdivision (a) shall include, but not be limited to, the following
criteria for determining the country of citizenship of any person
serving a term in the state prison:
(1) Country of citizenship.
(2) Place of birth.
(3) Inmate's statements.
(4) Prior parole records.
(5) Prior arrest records.
(6) Probation Officer's Report (POR).
(7) Information from the Department of Justice's Criminal
Identification and Information Unit.
(8) Other legal documents.
(c) Within 48 hours of identifying an inmate or ward as an
undocumented felon pursuant to subdivision (a), the Department of
Corrections and the Department of the Youth Authority shall cause the
inmate or ward to be transferred to the custody of the United States
Attorney General for appropriate action. Once an inmate or ward has
been identified as an undocumented felon by the United States
Immigration and Naturalization Service, the inmate or ward shall not
undergo any additional evaluation or classification procedures other
than those required for the safety or security of the institution,
the inmate or ward, or the public.
(d) The Department of Corrections shall report quarterly to the
Legislature the number of persons referred to the United States
Immigration and Naturalization Service pursuant to subdivision (a).
The report shall contain the number of persons transported, the race,
national origin, and national ancestry of persons transported, the
offense or offenses for which the persons were committed to state
prison, and the facilities to which the persons were transported.



5026. The Department of Corrections shall cooperate with the United
States Immigration and Naturalization Service by providing the use
of prison facilities, transportation, and general support, as needed,
for the purposes of conducting and expediting deportation hearings
and subsequent placement of deportation holds on undocumented aliens
who are incarcerated in state prison.



5028. (a) Upon the entry of any person who is currently or was
previously a foreign national into a facility operated by the
Department of Corrections, the Director of Corrections shall inform
the person that he or she may apply to be transferred to serve the
remainder of his or her prison term in his or her current or former
nation of citizenship. The director shall inform the person that he
or she may contact his or her consulate and shall ensure that if
notification is requested by the inmate, that the inmate's nearest
consulate or embassy is notified without delay of his or her
incarceration.
(b) Upon the request of a foreign consulate representing a nation
that requires mandatory notification under Article 36 of the Vienna
Convention on Consular Relations Treaty listed in subdivision (d) of
Section 834c, the Department of Corrections shall provide the foreign
consulate with a list of the names and locations of all inmates in
its custody that have self-identified that nation as his or her place
of birth.
(c) The Department of Corrections shall implement and maintain
procedures to process applications for the transfer of prisoners to
their current or former nations of citizenship under subdivision (a)
and shall forward all applications to the Governor or his or her
designee for appropriate action.



5029. (a) The Director of Corrections shall ensure that documents,
computers, or computer accessible media containing personal
information relating to an employee of the Department of Corrections
are not removed from the state prison without proper authorization
from the warden or his or her designee.
(b) Any employee of the Department of Corrections who, without
proper authorization, knowingly removes personal information relating
to an employee of the Department of Corrections from the state
prison in violation of subdivision (a), or who fails to provide the
appropriate notice as required in subdivision (c), is subject to
disciplinary action.
(c) (1) An employee who removes personal information shall, once
the employee is aware that the information either is lost or stolen
or cannot be accounted for, make a reasonable effort to immediately
notify the warden, or his or her designee, of that fact.
(2) The warden, or his or her designee, shall attempt to notify
the employee whose personal information either is lost or stolen or
cannot be accounted for within 24 hours of receiving the notice under
paragraph (1).
(d) For purposes of this section, "personal information" shall
have the same meaning as set forth in Section 1798.3 of the Civil
Code.
(e) It is not the intent of the Legislature, in enacting this
section, to inhibit or prevent a person from making a disclosure of
improper governmental activity that is protected by subparagraphs (A)
and (B) of paragraph (2) of subdivision (a) of Section 6129, or by
the California Whistleblower Protection Act, Article 3 (commencing
with Section 8547) of Chapter 6.5 of Division 1 of Title 2 of the
Government Code, or by the Whistleblower Protection Act, Article 10
(commencing with Section 9149.20) of Chapter 1.5 of Part 1 of
Division 2 of Title 2 of the Government Code. Furthermore, nothing
in this section shall be construed to interfere with the authority of
the Office of the Inspector General pursuant to Section 6126.5 of
this code, nor the authority of the State Auditor pursuant to Section
8545.2 of the Government Code.



5030.1. (a) The possession or use of tobacco products by inmates
under the jurisdiction of the Department of Corrections is
prohibited. The Director of Corrections shall adopt regulations to
implement this prohibition, which shall include an exemption for
departmentally approved religious ceremonies.
(b) The use of tobacco products by any person not included in
subdivision (a) on the grounds of any institution or facility under
the jurisdiction of the Department of Corrections is prohibited, with
the exception of residential staff housing where inmates are not
present.

[هيثم الفقى]

THE SECRETARY OF THE DEPARTMENT OF CORRECTIONS AND
REHABILITATION

5050. Commencing July 1, 2005, any reference to the Director of
Corrections in this or any other code refers to the Secretary of the
Department of Corrections and Rehabilitation. As of that date, the
office of the Director of Corrections is abolished.




5051.2. The Director of Corrections shall have wide and successful
administrative experience in adult or youth correctional programs
embodying rehabilitative concepts.



5052. Any officer or employee of the Department of Corrections and
Rehabilitation designated in writing by the secretary, shall have
the power of a head of a department pursuant to Article 2 (commencing
at Section 11180) of Chapter 2, Part 1, Division 3, Title 2, of the
Government Code.


5054. Commencing July 1, 2005, the supervision, management and
control of the state prisons, and the responsibility for the care,
custody, treatment, training, discipline and employment of persons
confined therein are vested in the Secretary of the Department of
Corrections and Rehabilitation.



5054.1. The Secretary of the Department of Corrections and
Rehabilitation has full power to order returned to custody any person
under the secretary's jurisdiction. The written order of the
secretary shall be sufficient warrant for any peace officer to return
to actual custody any escaped state prisoner or any state prisoner
released prior to his or her scheduled release date who should be
returned to custody. All peace officers shall execute an order as
otherwise provided by law.



5054.2. Whenever a person is incarcerated in a state prison for
violating Section 261, 264.1, 266c, 285, 286, 288, 288a, 288.5, or
289, and the victim of one or more of those offenses is a child under
the age of 18 years, the Secretary of the Department of Corrections
and Rehabilitation shall protect the interest of that child victim by
prohibiting visitation between the incarcerated person and the child
victim pursuant to Section 1202.05. The secretary shall allow
visitation only when the juvenile court, pursuant to Section 362.6 of
the Welfare and Institutions Code, finds that visitation between the
incarcerated person and his or her child victim is in the best
interests of the child victim.


5055. Commencing July 1, 2005, all powers and duties previously
granted to and imposed upon the Department of Corrections shall be
exercised by the Secretary of the Department of Corrections and
Rehabilitation, except where those powers and duties are expressly
vested by law in the Board of Parole Hearings.
Whenever a power is granted to the secretary or a duty is imposed
upon the secretary, the power may be exercised or the duty performed
by a subordinate officer to the secretary or by a person authorized
pursuant to law by the secretary.


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



5056.5. (a) On or before July 1, 2007, the Secretary of the
Department of Corrections and Rehabilitation shall establish a
Reentry Advisory Committee. The committee shall report to the
secretary, who shall serve as chair of the committee. The committee
shall include representation from stakeholders in the successful
administration of reentry programming and shall be comprised of the
following members, appointed by the secretary:
(1) A representative of the California League of Cities.
(2) A representative of the California State Association of
Counties.
(3) A representative of the California State Sheriffs'
Association.
(4) A representative of the California Police Chiefs' Association.

(5) A representative of the Department of Corrections and
Rehabilitation Adult Parole Operations.
(6) A representative of the Department of Mental Health.
(7) A representative of the Department of Social Services.
(8) A representative of the Department of Health Services.
(9) A representative of the Labor and Workforce Development
Agency.
(10) A representative of the County Alcohol and Drug Program
Administrators Association.
(11) A representative of the California Association of Alcohol and
Drug Program Executives.
(12) An individual with experience in providing housing for
low-income individuals.
(13) A recognized expert in restorative justice programs.
(14) An individual with experience in providing education and
vocational training services.
(15) An independent consultant with expertise in community
corrections and reentry services.
(b) The Reentry Advisory Committee shall meet at least quarterly
at a time and place determined by the secretary. Committee members
shall receive compensation for travel expenses pursuant to existing
regulations, but no other compensation.
(c) The Reentry Advisory Committee shall advise the secretary on
all matters related to the successful statewide planning,
implementation, and outcomes of all reentry programs and services
provided by the department, with the goal of reducing recidivism of
all persons under the jurisdiction of the department. The committee
shall consider and advise the secretary on the following issues:
(1) Encouraging collaboration among key stakeholders at the state
and local levels.
(2) Developing a knowledge base of what people need to
successfully return to their communities from prison and what
resources communities need to successfully provide for these needs.
(3) Incorporating reentry outcomes into department organizational
missions and work plans as priorities.
(4) Funding of reentry programs.
(5) Promoting systems of integration and coordination.
(6) Measuring outcomes and evaluating the impact of reentry
programs.
(7) Educating the public about reentry programs and their role in
public safety.
(d) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later statute, that
is enacted before January 1, 2011, deletes or extends that date.



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




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


5058. (a) The director may prescribe and amend rules and
regulations for the administration of the prisons and for the
administration of the parole of persons sentenced under Section 1170
except those persons who meet the criteria set forth in Section 2962.
The rules and regulations shall be promulgated and filed pursuant
to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code, except as otherwise provided in
this section and Sections 5058.1 to 5058.3, inclusive. All rules and
regulations shall, to the extent practical, be stated in language
that is easily understood by the general public.
For any rule or regulation filed as regular rulemaking as defined
in paragraph (5) of subdivision (a) of Section 1 of Title 1 of the
California Code of Regulations, copies of the rule or regulation
shall be posted in conspicuous places throughout each institution and
shall be mailed to all persons or organizations who request them no
less than 20 days prior to its effective date.
(b) The director shall maintain, publish and make available to the
general public, a compendium of the rules and regulations
promulgated by the director pursuant to this section and Sections
5058.1 to 5058.3, inclusive.
(c) The following are deemed not to be "regulations" as defined in
Section 11342.600 of the Government Code:
(1) Rules issued by the director applying solely to a particular
prison or other correctional facility, provided that the following
conditions are met:
(A) All rules that apply to prisons or other correctional
facilities throughout the state are adopted by the director pursuant
to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code.
(B) All rules except those that are excluded from disclosure to
the public pursuant to subdivision (f) of Section 6254 of the
Government Code are made available to all inmates confined in the
particular prison or other correctional facility to which the rules
apply and to all members of the general public.
(2) Short-term criteria for the placement of inmates in a new
prison or other correctional facility, or subunit thereof, during its
first six months of operation, or in a prison or other correctional
facility, or subunit thereof, planned for closing during its last six
months of operation, provided that the criteria are made available
to the public and that an estimate of fiscal impact is completed
pursuant to Sections 6650 to 6670, inclusive, of the State
Administrative Manual.
(3) Rules issued by the director that are excluded from disclosure
to the public pursuant to subdivision (f) of Section 6254 of the
Government Code.



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



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


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




5058.4. (a) The director shall provide for the development and
implementation of a disciplinary matrix with offenses and associated
punishments applicable to all department employees, in order to
ensure notice and consistency statewide. The disciplinary matrix
shall take into account aggravating and mitigating factors for
establishing a just and proper penalty for the charged misconduct, as
required by the California Supreme Court in Skelly v. State
Personnel Board (1975) 15 Cal.3d 194. The presence of aggravating or
mitigating factors may result in the imposition of a greater or a
lesser penalty than might otherwise be mandated by the disciplinary
matrix.
(b) The director shall adopt a code of conduct for all employees
of the department.
(c) The director shall ensure that employees who have reported
improper governmental activities and who request services from the
department are informed of the services available to them.
(d) The department shall post the code of conduct in locations
where employee notices are maintained. On July 1, 2005, and annually
thereafter, the department shall send by electronic mail to its
employees who have authorized access to electronic mail, the
following:
(1) Information regarding the code of conduct.
(2) The duty to report misconduct.
(3) How to report misconduct.
(4) The duty to fully cooperate during investigations.
(5) Assurances against retaliation.



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



5058.6. The Director of the Department of Corrections shall have
the authority of a head of a department set forth in subdivision (e)
of Section 11181 of the Government Code to issue subpoenas as
provided in Article 2 (commencing with Section 11180) of Chapter 2 of
Division 3 of Title 2 of the Government Code. The department shall
adopt regulations on the policies and guidelines for the issuance of
subpoenas.



5059. This title shall not affect the powers or jurisdiction of the
Department of Transportation as to road camps pursuant to Article 4
(commencing with Section 2760) of Chapter 5 of Title 1 of Part 3.



5060. The Director of Corrections may assist persons discharged,
paroled, or otherwise released from confinement in an institution of
the department and may secure employment for them, and for such
purposes he may employ necessary officers and employees, may purchase
tools, and give any other assistance that, in his judgment, he deems
proper for the purpose of carrying out the objects and spirit of
this section. Repayment of cash assistance received under this
section from the current, or any prior appropriation, shall be
credited to the appropriation current at time of such repayment.



5061. Whenever any person confined in any state institution subject
to the jurisdiction of the Director of Corrections dies, and no
demand or claim is made upon the director or his or her designee for
the body of the deceased inmate by the inmate's next of kin or
legally appointed representative, the director shall dispose of the
body by cremation or burial no sooner than 10 calendar days after the
inmate's death. The director or his or her designee may waive the
10-day waiting period for disposal of the deceased inmate's body if
confirmation is received that the inmate's next of kin, or legally
appointed representative, refuses to take possession of the body. If
any personal funds or property of that person remains in the custody
or possession of the Director of Corrections, the funds shall be
applied to the payment of his or her cremation or burial expenses and
related charges in an amount not exceeding those expenses and
charges. If no demand or claim is made upon the director by the
owner of the funds or property or his or her legally appointed
representative, the director shall hold and dispose of those funds or
property as follows:
(a) If the decedent leaves a will, the director shall, within 30
days after the date of death of the decedent, deliver the will to the
clerk of the superior court having jurisdiction of the estate. If
an executor is named in the will, the director shall furnish him or
her written notice of the delivery of the will as provided in this
section.
(b) All money or other personal property of the decedent remaining
in the custody or possession of the director shall be held by him or
her for a period of one year from the date of death of the decedent,
for the benefit of the heirs, legatees or successors in interest of
that decedent.
(c) Upon the expiration of the one-year period, any money
remaining unclaimed in the custody or possession of the director
shall be delivered by him or her to the Treasurer for deposit in the
Unclaimed Property Fund under Article 1 (commencing with Section
1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil
Procedure.
(d) Upon the expiration of the one-year period, all personal
property and documents of the decedent, other than cash, remaining
unclaimed in the custody or possession of the director, shall be
disposed of as follows:
(1) All deeds, contracts, or assignments shall be filed by the
director with the public administrator of the county of commitment of
the decedent.
(2) All other personal property shall be sold by the director at
public auction, or upon a sealed-bid basis, and the proceeds of the
sale delivered by him or her to the Treasurer in the same manner as
is provided in this section with respect to unclaimed money of the
decedent. If he or she deems it expedient to do so, the director may
accumulate the property of several decedents and sell the property
in such lots as he or she may determine, provided that he or she
makes a determination as to each decedent's share of the proceeds.
(3) If any personal property of the decedent is not salable at
public auction, or upon a sealed-bid basis, or if it has no intrinsic
value, or if its value is not sufficient to justify the deposit of
the property in the State Treasury, the director may order it
destroyed.
(4) All other unclaimed personal property of the decedent not
disposed of as provided in paragraph (1), (2), or (3), shall be
delivered by the director to the Controller for deposit in the State
Treasury under Article 1 (commencing with Section 1440) of Chapter 6
of Title 10 of Part 3 of the Code of Civil Procedure.



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



5063. Before any money or other personal property or documents are
delivered to the State Treasurer, State Controller, or public
administrator, or sold at auction or upon a sealed-bid basis, or
destroyed, under the provisions of Section 5061, and before any
personal property or documents are delivered to the public
administrator, or sold at auction or upon a sealed-bid basis, or
destroyed, under the provisions of Section 5062, of this code, notice
of said intended disposition shall be posted at least 30 days prior
to the disposition, in a public place at the institution where the
disposition is to be made, and a copy of such notice shall be mailed
to the last known address of the owner or deceased owner, at least 30
days prior to such disposition. The notice prescribed by this
section need not specifically describe each item of property to be
disposed of.


5064. At the time of delivering any money or other personal
property to the Treasurer or Controller under Section 5061 or of
Article 1 (commencing with Section 1500) of Chapter 7 of Title 10 of
Part 3 of the Code of Civil Procedure, the director shall deliver to
the Controller a schedule setting forth a statement and description
of all money and other personal property delivered, and the name and
last known address of the owner or deceased owner.



5065. When any personal property has been destroyed as provided in
Section 5061 or 5062, no suit shall thereafter be maintained by any
person against the State or any officer thereof for or on account of
such property.


5066. The Director of Corrections shall expand the existing prison
ombudsman program to ensure the comprehensive deployment of ombudsmen
throughout the state prison system with specific focus on the
maximum security institutions.


5068. The Director of Corrections shall cause each person who is
newly committed to a state prison to be examined and studied. This
includes the investigation of all pertinent circumstances of the
person's life such as the existence of any strong community and
family ties, the maintenance of which may aid in the person's
rehabilitation, and the antecedents of the violation of law because
of which he or she has been committed to prison. Any person may be
reexamined to determine whether existing orders and dispositions
should be modified or continued in force.
Upon the basis of the examination and study, the Director of
Corrections shall classify prisoners; and when reasonable, the
director shall assign a prisoner to the institution of the
appropriate security level and gender population nearest the prisoner'
s home, unless other classification factors make such a placement
unreasonable.
As used in this section, "reasonable" includes consideration of
the safety of the prisoner and the institution, the length of term,
and the availability of institutional programs and housing.
As used in this section, "prisoner's home" means a place where the
prisoner's spouse, parents, or children reside at the time of
commitment.
When the diagnostic study of any inmate committed under
subdivision (b) of Section 1168 so indicates, the director shall
cause a psychiatric or psychological report to be prepared for the
Community Release Board prior to the release of the inmate. The
report shall be prepared by a psychiatrist or psychologist licensed
to practice in this state.
Before the release of any inmate committed under subdivision (b)
of Section 1168, the director shall provide the Community Release
Board with a written evaluation of the prisoner.



5068.5. (a) Notwithstanding any other provision of law, except as
provided in subdivision (b), any person employed or under contract to
provide diagnostic, treatment, or other mental health services in
the state or to supervise or provide consultation on these services
in the state correctional system shall be a physician and surgeon, a
psychologist, or other health professional, licensed to practice in
this state.
(b) Notwithstanding Section 5068 or Section 704 of the Welfare and
Institutions Code, the following persons are exempt from the
requirements of subdivision (a), so long as they continue in
employment in the same class and in the same department:
(1) Persons employed on January 1, 1985, as psychologists to
provide diagnostic or treatment services including those persons on
authorized leave but not including intermittent personnel.
(2) Persons employed on January 1, 1989, to supervise or provide
consultation on the diagnostic or treatment services including
persons on authorized leave but not including intermittent personnel.

(c) The requirements of subdivision (a) may be waived in order for
a person to gain qualifying experience for licensure as a
psychologist or clinical social worker in this state in accordance
with Section 1277 of the Health and Safety Code.



5069. (a) The administrative director of the Division of Industrial
Accidents shall formulate procedures for the selection and orderly
referral of injured inmates of state penal or correctional
institutions who may be benefited by rehabilitation services and
retrained for other positions upon release from incarceration. The
State Department of Rehabilitation shall cooperate in both designing
and monitoring results of rehabilitation programs for the disabled
inmates. The primary purpose of this section is to rehabilitate
injured inmates in order that they might engage in suitable and
gainful employment upon their release.
(b) The director shall notify the injured inmate of the
availability of rehabilitation services in those cases where there is
continuing disability of 28 days and beyond. A copy of such
notification shall be forwarded to the State Department of
Rehabilitation.
(c) The initiation of a rehabilitation plan shall be the
responsibility of the director.
(d) Upon establishment of a rehabilitation plan, the injured
inmate shall cooperate in carrying it out.
(e) The injured inmate shall receive such medical and vocational
rehabilitative services as may be reasonably necessary to restore him
to suitable employment.
(f) The injured inmate's rehabilitation benefit is an additional
benefit and shall not be converted to or replace any workmen's
compensation benefit available to him.


5070. Notwithstanding any other provision of law, the *** of a
prison inmate shall not prevent the Director of Corrections from
assigning any prison inmate to academic or vocational training
programs situated in correctional institutions established for the
incarceration of offenders of the opposite ***.



5071. (a) The Secretary of the Department of Corrections and
Rehabilitation shall not assign any prison inmate to employment that
provides that inmate with access to personal information of private
individuals, including, but not limited to, the following: addresses;
telephone numbers; health insurance, taxpayer, school, or employee
identification numbers; mothers' maiden names; demand deposit
account, debit card, credit card, savings account, or checking
account numbers, PINs, or passwords; social security numbers; places
of employment; dates of birth; state- or government-issued driver's
license or identification numbers; alien registration numbers;
government passport numbers; unique biometric data, such as
fingerprints, facial scan identifiers, voice prints, retina or iris
images, or other similar identifiers; unique electronic
identification numbers; address or routing codes; and
telecommunication identifying information or access devices.
(b) Any person who is a prison inmate, and who has access to any
personal information, shall disclose that he or she is a prison
inmate before taking any personal information from anyone.
(c) This section shall not apply to inmates in employment programs
or public service facilities where incidental contact with personal
information may occur.

[هيثم الفقى]

THE BOARD OF PAROLE HEARINGS


5075. (a) Commencing July 1, 2005, there is hereby created the
Board of Parole Hearings. As of July 1, 2005, any reference to the
Board of Prison Terms in this or any other code refers to the Board
of Parole Hearings. As of that date, the Board of Prison Terms is
abolished.
(b) The Governor shall appoint 17 commissioners, subject to Senate
confirmation, pursuant to this section. Of those 17 commissioners,
12 shall be appointed and trained to hear only adult matters, and
five shall be appointed and trained to hear only juvenile matters.
The terms of the commissioners shall expire as follows: eight on July
1, 2007, and nine on July 1, 2008. Successor commissioners 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. Commissioners are eligible for
reappointment. The selection of persons and their appointment by the
Governor and confirmation by the Senate shall reflect as nearly as
possible a cross section of the racial, ***ual, economic, and
geographic features of the population of the state.
(c) The chair of the board shall be designated by the Governor
periodically. The Governor may appoint an executive officer of the
board, subject to Senate confirmation, who shall hold office at the
pleasure of the Governor. The executive officer shall be the
administrative head of the board and shall exercise all duties and
functions necessary to insure that the responsibilities of the board
are successfully discharged. The secretary shall be the appointing
authority for all civil service positions of employment with the
board.
(d) Each commissioner shall participate in hearings on each
workday, except when it is necessary for a commissioner to attend
training, en banc hearings or full board meetings, or other
administrative business requiring the participation of the
commissioner. For purposes of this subdivision, these hearings shall
include parole consideration hearings, parole rescission hearings,
and parole progress hearings.



5075.1. The Board of Parole Hearings shall do all of the
following:
(a) Conduct parole consideration hearings, parole rescission
hearings, and parole progress hearings for adults and juveniles under
the jurisdiction of the department.
(b) Conduct mentally disordered offender hearings.
(c) Conduct ***ually violent predator hearings.
(d) Review inmates' requests for reconsideration of denial of
good-time credit and setting of parole length or conditions, pursuant
to Section 5077.
(e) Determine revocation of parole for adult offenders under the
jurisdiction of the Division of Adult Parole Operations, pursuant to
Section 5077.
(f) Carry out the functions described in Section 1719 of the
Welfare and Institutions Code, and make every order granting and
revoking parole and issuing final discharges to any person under the
jurisdiction of the Department of Corrections and Rehabilitation.
(g) Conduct studies pursuant to Section 3150 of the Welfare and
Institutions Code.
(h) Investigate and report on all applications for reprieves,
pardons, and commutation of sentence, as provided in Title 6
(commencing with Section 4800) of Part 3.
(i) Exercise other powers and duties as prescribed by law.
(j) Effective January 1, 2007, all commissioners appointed and
trained to hear juvenile parole matters, together with their duties
prescribed by law as functions of the Board of Parole Hearings
concerning wards under the jurisdiction of the Department of
Corrections and Rehabilitation, are transferred to the Chief Deputy
Secretary for Juvenile Justice. All applicable regulations in effect
at the time of transfer shall be deemed to apply to those
commissioners until new regulations are adopted.



5075.5. All commissioners and deputy commissioners who conduct
hearings for the purpose of considering the parole suitability of
prisoners or the setting of a parole release date for prisoners,
shall receive initial training on domestic violence cases and
intimate partner battering and its effects.



5075.6. (a) (1) Commissioners and deputy commissioners hearing
matters pursuant to subdivision (f) of Section 5075.1, or any other
matter involving wards under the jurisdiction of the Division of
Juvenile Facilities, shall have a broad background in, and ability
for, appraisal of youthful law offenders and delinquents, the
circumstances of delinquency for which those persons are committed,
and the evaluation of an individual's progress toward reformation.
Insofar as practicable, commissioners and deputy commissioners
selected to hear these matters also shall have a varied and
sympathetic interest in youth correction work and shall have
experience or education in the fields of corrections, sociology, law,
law enforcement, mental health, medicine, drug treatment, or
education.
(2) Within 60 days of appointment and annually thereafter,
commissioners and deputy commissioners described in subdivision (a)
shall undergo a minimum of 40 hours of training in the following
areas:
(A) Treatment and training programs provided to wards at
Department of Corrections and Rehabilitation institutions, including,
but not limited to, educational, vocational, mental health, medical,
substance abuse, psychotherapeutic counseling, and *** offender
treatment programs.
(B) Current national research on effective interventions with
juvenile offenders and how they compare to department program and
treatment services.
(C) Parole Services.
(D) Commissioner duties and responsibilities.
(E) Knowledge of laws and regulations applicable to conducting
parole hearings, including the rights of victims, witnesses, and
wards.
(F) Factors influencing ward lengths of stay and ward recidivism
rates and their relationship to one another.
(b) (1) Commissioners and deputy commissioners hearing matters
concerning adults under the jurisdiction of the Department of
Corrections and Rehabilitation shall have a broad background in
criminal justice and an ability for appraisal of adult offenders, the
crimes for which those persons are committed, and the evaluation of
an individual's progress toward reformation. Insofar as practicable,
commissioners and deputy commissioners shall have a varied interest
in adult correction work, public safety, and shall have experience or
education in the fields of corrections, sociology, law, law
enforcement, medicine, mental health, or education.
(2) All commissioners and deputy commissioners who conduct
hearings for the purpose of considering the parole suitability of
inmates, the setting of a parole release date for inmates, or the
revocation of parole for adult parolees, shall, within 60 days of
appointment and annually thereafter undergo a minimum of 40 hours of
training in the following areas:
(A) Treatment and training programs provided to inmates at
Department of Corrections and Rehabilitation institutions, including,
but not limited to, educational, vocational, mental health, medical,
substance abuse, psychotherapeutic counseling, and *** offender
treatment programs.
(B) Parole services.
(C) Commissioner duties and responsibilities.
(D) Knowledge of laws and regulations applicable to conducting
parole hearings, including the rights of victims, witnesses, and
inmates.



5076. Each commissioner of the board shall devote his entire time
to the duties of his office and shall receive an annual salary
provided for by Chapter 6 (commencing with Section 11550) of Part 1
of Division 3 of Title 2 of the Government Code.




5076.1. (a) The board shall meet at each of the state prisons and
facilities under the jurisdiction of the Division of Juvenile
Facilities. Meetings shall be held at whatever times may be necessary
for a full and complete study of the cases of all inmates and wards
whose matters are considered. Other times and places of meeting may
also be designated by the board. Each commissioner of the board shall
receive his or her actual necessary traveling expenses incurred in
the performance of his or her official duties. Where the board
performs its functions by meeting en banc in either public or
executive sessions to decide matters of general policy, at least nine
members shall be present, and no action shall be valid unless it is
concurred in by a majority vote of those present.
(b) The board may use deputy commissioners to whom it may assign
appropriate duties, including hearing cases and making decisions.
Those decisions shall be made in accordance with policies approved by
a majority of the total membership of the board.
(c) The board may meet and transact business in panels. Each panel
shall consist of two or more persons, subject to subdivision (d) of
Section 3041. No action shall be valid unless concurred in by a
majority vote of the persons present. In the event of a tie vote, the
matter shall be referred to a randomly selected committee, comprised
of a majority of the commissioners specifically appointed to hear
adult parole matters and who are holding office at the time.
(d) When determining whether commissioners or deputy commissioners
shall hear matters pursuant to subdivision (f) of Section 5075.1, or
any other matter submitted to the board involving wards under the
jurisdiction of the Division of Juvenile Facilities, the chair shall
take into account the degree of complexity of the issues presented by
the case. Any decision resulting in the extension of a parole
consideration date shall entitle a ward to appeal the decision to a
panel comprised of two or more commissioners, of which no more than
one may be a deputy commissioner. The panel shall consider and act
upon the appeal in accordance with rules established by the board.
(e) Consideration of parole release for persons sentenced to life
imprisonment pursuant to subdivision (b) of Section 1168 shall be
heard by a panel of two or more commissioners or deputy
commissioners, of which only one may be a deputy commissioner. A
recommendation for recall of a sentence under subdivisions (d) and
(e) of Section 1170 shall be made by a panel, a majority of whose
commissioners are commissioners of the Board of Parole Hearings.




5076.2. (a) Any rules and regulations, including any resolutions
and policy statements, promulgated by the Board of Prison Terms,
shall be promulgated and filed pursuant to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, and shall, to the extent practical, be stated in
language that is easily understood by the general public.
(b) The Board of Prison Terms shall maintain, publish and make
available to the general public, a compendium of its rules and
regulations, including any resolutions and policy statements,
promulgated pursuant to this section.
(c) The exception specified in this subdivision to the procedures
specified in this section shall apply to the Board of Prison Terms.
The chairperson may specify an effective date that is any time more
than 30 days after the rule or regulation is filed with the Secretary
of State. However, no less than 20 days prior to that effective
date, copies of the rule or regulation shall be posted in conspicuous
places throughout each institution and shall be mailed to all
persons or organizations who request them.



5076.3. The Chairman of the Board of Prison Terms shall have the
authority of a head of a department set forth in subdivision (e) of
Section 11181 of the Government Code to issue subpoenas as provided
in Article 2 (commencing with Section 11180) of Chapter 2 of Division
3 of Title 2 of the Government Code. The board shall adopt
regulations on the policies and guidelines for the issuance of
subpoenas.



5077. The Board of Prison Terms shall review the prisoners'
requests for reconsideration of denial of good-time credit, and
setting of parole length or conditions, and shall have the authority
to modify the previously made decisions of the Department of
Corrections as to these matters. The revocation of parole shall be
determined by the Board of Prison Terms.



5078. (a) The Board of Prison Terms shall succeed to and shall
exercise and perform all powers and duties granted to, exercised by,
and imposed upon the Adult Authority, the California Women's Board of
Terms and Paroles, and the Community Release Board.
(b) The Adult Authority and California Women's Board of Terms and
Paroles are abolished.



5079. The Director of Corrections shall provide facilities and
licensed professional personnel for a psychiatric and diagnostic
clinic and such branches thereof as may be required at one or more of
the state prisons or institutions under the jurisdiction of the
Department of Corrections. The director shall have full
administrative authority and responsibility for operation of the
clinics. All required mental health treatment or diagnostic services
shall be provided under the supervision of a psychiatrist licensed
to practice in this state, or a psychologist licensed to practice in
this state and who holds a doctoral degree and has at least two years
of experience in the diagnosis and treatment of emotional and mental
disorders. All such clinics shall be under the direction of such a
psychiatrist or psychologist. A psychiatrist shall be available to
assume responsibility for all acts of diagnosis or treatment which
may only be performed by a licensed physician and surgeon.
The work of the clinic shall include a scientific study of each
prisoner, his or her career and life history, the cause of his or her
criminal acts and recommendations for his or her care, training, and
employment with a view to his or her reformation and to the
protection of society. The recommendation shall be submitted to the
Director of Corrections and shall not be effective until approved by
the director. The Director of Corrections may modify or reject the
recommendations as he or she sees fit.



5080. The Director of Corrections may transfer persons confined in
one state prison institution or facility of the Department of
Corrections to another. The Board of Prison Terms may request the
Director of Corrections to transfer an inmate who is under its
parole-granting jurisdiction if, after review of the case history in
the course of routine procedures, such transfer is deemed advisable
for the further diagnosis, and treatment of the inmate. The director
shall as soon as practicable comply with such request, provided
that, if facilities are not available he shall report that fact to
the Board of Prison Terms and shall make the transfer as soon as
facilities become available; provided further, that if in the opinion
of the Director of Corrections such transfer would endanger security
he may report that fact to the Board of Prison Terms and refuse to
make such transfer.
When transferring an inmate from one state prison, institution, or
facility of the Department of Corrections to another, the director
may, as necessary or convenient, authorize transportation via a route
that lies partly outside this state.



5081. The Governor may remove any member of the Board of Prison
Terms for misconduct, incompetency or neglect of duty after a full
hearing by the Board of Corrections.

[هيثم الفقى]

THE ROBERT PRESLEY CENTER OF CRIME AND JUSTICE
STUDIES

5085. The Robert Presley Institute of Corrections Research and
Training, which provides and aggregates research on youth and adult
corrections education and training, is hereby renamed the Robert
Presley Center of Crime and Justice Studies and shall be transferred
to the University of California. It is the intent of the Legislature
that the center be maintained on the Riverside campus of the
University of California.



5086. It is the intent of the Legislature that the university seek
funding from federal, state, and private sources for research
projects carried out by the center under the university's direction.
The center shall have the following research goals:
(a) To better protect the public from crime by determining the
causes of, and means of preventing, violence, crime, and criminal
deviance.
(b) To identify the methods and practices necessary for the most
beneficial operation of law enforcement and local and state youth and
adult correctional institutions.
(c) To reduce violence and recidivism rates in prisons, jails, and
youth facilities.



5087. The chancellor of the Riverside campus may appoint an
advisory committee to assist in establishing research priorities.
The university shall consult with the Department of Corrections, the
Department of the Youth Authority, local law enforcement, probation,
parole, and correctional agencies, and persons of experience or
education in other higher education institutions in the field of
corrections or related fields on the activities of the center. These
projects shall be related to the center's goals as specified in
Section 5086 and may also include, but not be limited to, applied and
theoretical research in the following areas:
(a) Methods of ensuring secure, cost-effective, safe, and
gang-free incarceration in California's correctional institutions,
including approaches to ameliorate overcrowding in those
institutions.
(b) New approaches to reduce inmate and ward recidivism and
consequent victimization of California citizens.
(c) Correctional facility management, planning, design, and
construction.
(d) New approaches to rehabilitate inmates and wards during and
after incarceration and to integrate offenders into society after
incarceration.
(e) New approaches to inmate and ward diagnosis, classification,
and treatment.
(f) At-risk youth and street gang activity.
(g) Law enforcement.


5088. The university shall negotiate and approve terms, services,
and costs of contracts and research projects for purposes of this
chapter.
DIVISION OF JUVENILE FACILITIES

6001. Commencing July 1, 2005, the establishment, organization,
jurisdiction, powers, duties, responsibilities, and functions of the
Youth Authority as provided in the Youth Authority Act (Chapter 1
(commencing with Section 1700) of Division 2.5 of the Welfare and
Institutions Code), as it existed on June 30, 2005, are continued in
the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities.



6005. (a) Whenever a person confined to a correctional institution
under the supervision of the Department of Corrections and
Rehabilitation is charged with a public offense committed within the
confines of that institution and is tried for that public offense, a
city, county, or superior court shall be entitled to reimbursement
for reasonable and necessary costs connected with that matter.
(b) The appropriate financial officer or other designated official
of a county or the city finance officer of a city incurring any
costs in connection with that matter shall make out a statement of
all the costs incurred by the county or city for the investigation,
the preparation for the trial, participation in the actual trial of
the case, all guarding and keeping of the person, and the execution
of the sentence of the person, properly certified to by a judge of
the superior court of the county. The statement may not include any
costs that are incurred by the superior court pursuant to subdivision
(c). The statement shall be sent to the department for its approval.
After the approval the department must cause the amount of the costs
to be paid out of the money appropriated for the support of the
department to the county treasurer of the county or the city finance
officer of the city incurring those costs.
(c) The superior court shall prepare a statement of all costs
incurred by the court for the preparation of the trial and the actual
trial of the case. The statement may not include any costs that are
incurred by the city or county pursuant to subdivision (a). The
statement shall be sent to the Administrative Office of the Courts
for approval and reimbursement.
(d) No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the Department of Corrections and Rehabilitation or to
any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.

[هيثم الفقى]

EXAMINATION OF STAFF FOR TUBERCULOSIS


6006. The Department of Corrections, Department of the Youth
Authority, Board of Prison Terms, and Youthful Offender Parole Board,
in conjunction with the State Department of Health Services, shall
meet and confer with recognized employee organizations representing
employees pursuant to the Ralph C. Dills Act, Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1 of the
Government Code, to develop rules regarding the mandatory examination
or testing for tuberculosis of the staff of the Department of
Corrections, Department of the Youth Authority, Board of Prison
Terms, and Youthful Offender Parole Board. These rules shall include
mandated annual examination for tuberculosis of all employees with
inmate contact and as a part of preemployment requirements. Except
as provided in Section 6007, the confidentiality of the test results
shall be maintained. However, statistical summaries which do not
identify specific individuals may be prepared.



6006.5. For purposes of this chapter, the following definitions
shall apply:
(a) "Department" means the Department of Corrections, the
Department of the Youth Authority, the Board of Prison Terms, or the
Youthful Offender Parole Board.
(b) "Examination or test" means methods, processes, or other
means, including a chest X-ray, conducted in accordance with the
recommendations of the Centers for Disease Control and Prevention and
as specified in the department's guidelines for tuberculosis
control, to determine if a person has, has had, or has been exposed
to tuberculosis.
(c) "Medical evaluation" means taking a history or gathering other
information and may include, but is not limited to, listening to the
chest or other examinations or tests, as specified in the department'
s guidelines for tuberculosis control, used to diagnose and assess
the health conditions of the person.
(d) "Followup care" means the continued medical evaluations,
monitoring, or care of a person after his or her initial visit,
examination, or test, including, but not limited to, preventive
therapy.
(e) "Certificate" means the official document developed and issued
by the department that indicates the absence of tuberculosis in an
infectious stage and that is signed by a physician and surgeon who is
licensed by the Medical Board of California or the Osteopathic
Medical Board of California under Division 2 (commencing with Section
500) of the Business and Professions Code or his or her designee.
The certificate shall indicate that the examination, test, or
evaluation was performed in accordance with the recommendations of
the Centers for Disease Control and Prevention and as specified in
the department's guidelines for tuberculosis control.
(f) "Negative skin test" shall have the same meaning as it is
defined by the Centers for Disease Control and Prevention and the
department's guidelines for tuberculosis control as the definition
reads at the time of the examination.
(g) "Positive skin test" shall have the same meaning as it is
defined by the Centers for Disease Control and Prevention and the
department's guidelines for tuberculosis control as the definition
reads at the time of the examination.
(h) "Institution" means any state prison, camp, center, office, or
other facility under the jurisdiction of the Department of
Corrections or the Department of the Youth Authority.
(i) "Infectious or contagious stage" means the period when a
disease is capable of being transmitted from one person to another
with or without contact.
(j) "Tuberculosis converter" shall have the same meaning as it is
defined by the Centers for Disease Control and Prevention.



6007. (a) No person shall be employed initially by the department
unless that person, after an offer of employment, completes an
examination, a test, or a medical evaluation and is found to be free
of tuberculosis in an infectious or contagious stage prior to
assuming work duties.
(b) As a condition of continued employment with the department,
those employees who are skin-test negative shall receive an
examination or test at least once a year, or more often if directed
by the department, for as long as the employee remains skin-test
negative. If an employee has a documented positive skin test, the
employee shall have a medical evaluation to determine the need for
followup care. An employee with a positive skin test shall follow
the department's guidelines for tuberculosis control.
(c) The department shall ensure that all examinations or tests and
medical evaluations, as defined in subdivisions (b) and (c) of
Section 6006.5, to diagnose and assess the health conditions of the
person, meet the following conditions:
(1) Are made available to the employee promptly at a reasonable
time and place.
(2) Are made available at no cost to the employee.
(3) Are performed by, or under the supervision of, a licensed
health care professional.
(d) The examinations or tests or medical evaluations required
pursuant to this chapter shall be offered by the department. The
department may contract with a medical provider to administer the
examinations or tests or medical evaluations. Employees who elect
not to accept the department's offer shall obtain the examinations or
tests or medical evaluations through their personal health care
providers at no cost to the department.
The requirements of this section apply to the Department of
Corrections, the Department of the Youth Authority, the Board of
Prison Terms, and the Youthful Offender Parole Board.
Notwithstanding any other provision of law, each department or board
shall be responsible for the costs of the testing or evaluation
required by this section for its own employees or potential
employees.
(e) Followup care for tuberculosis infection or treatment for
tuberculosis disease shall be pursued through the workers'
compensation system as provided in Division 4 (commencing with
Section 3200) and Division 5 (commencing with Section 6300) of the
Labor Code for job-related incidents or through the employee's health
insurance plan for non-job-related incidents. The department shall
file a first report of injury for an employee whose examination or
test for tuberculosis is positive. In addition, the department shall
follow the guidelines, policies, and procedures of the workers'
compensation early intervention program pursuant to Section 3214 of
the Labor Code.
(f) Each employee, including employees who are employed initially,
shall submit a signed certificate to the department annually that
may be reviewed by the chief medical officer of the department.
(g) The department shall maintain a file containing an up-to-date
certificate for each employee.
(h) Nothing in this section shall prevent the department from
requiring and providing more extensive or more frequent examinations
or tests.
(i) The department shall not discriminate against any employee
because the employee tested positive for tuberculosis.
(j) All volunteers of the department shall be required to furnish
the department with a certificate prior to assuming their volunteer
duties and annually thereafter, showing that the volunteer has been
examined and found to be free of tuberculosis in an infectious or
contagious stage.
(k) The department shall maintain a file containing an up-to-date
certificate for each volunteer.
(l) Employees from other state agencies, including, but not
limited to, the State Department of Mental Health and the Department
of Forestry and Fire Protection, who are assigned to work in an
institution, as defined in subdivision (h) of Section 6006.5, or who
are assigned to work with inmates or wards on a regular basis, as
defined in the department's guidelines, shall comply with the
following requirements:
(1) Receive an examination or test prior to assuming their duties
and at least once a year thereafter, or more often if directed by the
department, for as long as the employee remains skin-test negative.

(2) Receive a medical evaluation to determine the need for
followup care and follow the department's guidelines for tuberculosis
control if an employee has a documented positive skin test.
(3) Submit a signed certificate to the department prior to
assuming his or her duties and annually thereafter, showing that the
employee has been found to be free of tuberculosis in an infectious
or contagious state.
(4) Pursue followup care for tuberculosis infection or treatment
for tuberculosis disease through the appropriate programs in their
agency or department.
(m) The department shall offer the examinations, tests, or medical
evaluations required pursuant to this chapter to employees of other
state agencies or departments and may contract with a medical
provider to administer the examinations, tests, or medical
evaluations. Employees of other state agencies or departments who
elect not to accept the department's offer shall obtain the
examinations, tests, or medical evaluations from their personal
health care provider at no cost to the department.
(n) The department shall maintain a file containing an up-to-date
certificate for each employee from other state agencies who works in
an institution.



6008. The Department of Corrections, the Department of the Youth
Authority, the Board of Prison Terms, and the Youthful Offender
Parole Board shall report to the State Department of Health Services
the results of the tuberculosis examinations required by Section
6006.



6009. In enacting this chapter, the Legislature hereby finds and
declares that tuberculosis is a serious contagious disease. It is
vital to the health and safety of inmates, employees, and the public
at large, to conduct appropriate examinations and testing and to
ensure that staff who test positive for tuberculosis obtain
appropriate treatment in order to control the spread of tuberculosis
in California's institutions.

[هيثم الفقى]

General Provisions


6024. Commencing July 1, 2005, there is hereby established within
the Department of Corrections and Rehabilitation the Corrections
Standards Authority. As of July 1, 2005, any reference to the Board
of Corrections refers to the Corrections Standards Authority. As of
that date, the Board of Corrections is abolished.



6025. (a) Commencing July 1, 2005, the Corrections Standards
Authority shall be composed of 19 members, one of whom shall be the
Secretary of the Department of Corrections and Rehabilitation, or his
or her designee, who shall be designated as the chairperson, and
four of whom shall be subordinate officers of the secretary. At least
one subordinate officer shall be a manager or administrator of a
state correctional facility for adult offenders, and at least one
subordinate officer shall be a manager or administrator of a state
correctional facility for juvenile offenders. The remaining 14
members shall be appointed by the Governor after consultation with,
and with the advice of, the secretary, and with the advice and
consent of the Senate. The gubernatorial appointments shall include
all of the following:
(1) A county sheriff in charge of a local detention facility which
has a Corrections Standards Authority rated capacity of 200 or less
inmates.
(2) A county sheriff in charge of a local detention facility which
has a Corrections Standards Authority rated capacity of over 200
inmates.
(3) A county supervisor or county administrative officer.
(4) A chief probation officer from a county with a population over
200,000.
(5) A chief probation officer from a county with a population
under 200,000.
(6) A manager or administrator of a county local detention
facility.
(7) An administrator of a local community-based correctional
program.
(8) Two public members, at least one of whom shall represent the
interests of crime victims.
(9) Four rank and file representatives: one juvenile probation
officer who is a first-line supervisor or lower rank, with a minimum
of five years of experience as a juvenile probation officer; one
deputy sheriff who is a sergeant or lower rank, with a minimum of
five years of experience in an adult correctional facility; one state
parole officer or parole agent; and one person with a minimum of
five years experience working in a state adult correctional facility.

(10) A representative of a community-based youth service
organization.
(b) The terms of the members appointed by the Governor shall
expire as follows: seven on July 1, 2007, and seven on July 1, 2008.
Successor 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.
(c) The authority shall select a vice chairperson from among its
members. Ten members of the board shall constitute a quorum.
(d) When the authority 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.
(e) If any appointed member is not in attendance for three
consecutive meetings the authority may recommend to the Governor that
the member be removed and the Governor may make a new appointment,
with the advice and consent of the Senate, for the remainder of the
term.



6025.1. Members of the board 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 state or local
governmental employment.



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.



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.



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.



6027. It shall be the duty of the Board of Corrections to make a
study of the entire subject of crime, with particular reference to
conditions in the State of California, including causes of crime,
possible methods of prevention of crime, methods of detection of
crime and apprehension of criminals, methods of prosecution of
persons accused of crime, and the entire subject of penology,
including standards and training for correctional personnel, and to
report its findings, its conclusions and recommendations to the
Governor and the Legislature at such times as they may require.




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.


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.



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.



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.



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.



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.



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.




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.



6030. (a) The Corrections Standards Authority shall establish
minimum standards for state and local correctional facilities. The
standards for state correctional facilities shall be established by
January 1, 2007. The authority shall review those standards
biennially and make any appropriate revisions.
(b) The standards shall include, but not be limited to, the
following: health and sanitary conditions, fire and life safety,
security, rehabilitation programs, recreation, treatment of persons
confined in state and 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 are provided all of the
following:
(1) A balanced, nutritious diet approved by a doctor.
(2) Prenatal and postpartum 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 at no time shall a woman who
is in labor be shackled by the wrists, ankles, or both including
during transport to a hospital, during delivery, and while in
recovery after giving birth, except as provided in Section 5007.7.
(g) In establishing minimum standards, the authority shall seek
the advice of the following:
(1) For health and sanitary conditions:
The State Department of Health Services, 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.




6031. (a) The Board of Corrections shall inspect each local
detention facility in the state biennially.
(b) This section shall become operative on July 1, 1997.




6031.1. Inspections of local detention facilities shall 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:
(a) Health and safety inspections conducted pursuant to Section
101045 of the Health and Safety Code.
(b) Fire suppression preplanning inspections by the local fire
department.
(c) Security, rehabilitation programs, recreation, treatment of
persons confined in the facilities, and personnel training by the
staff of the Board of Corrections.
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.



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.



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.



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 California
Department of Corrections 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 cities, counties, or
cities and counties. Nothing in this subdivision shall be construed
as affecting or authorizing the establishment of private detention
facilities.
(d) 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.


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.



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.
Standards and Training of Local Corrections and
Probation Officers
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.


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.
Corrections Training Fund
6040. There is hereby created in the State Treasury a Corrections
Training Fund, which is hereby appropriated, without regard to fiscal
years, exclusively for the costs of administration, the development
of appropriate standards, the development of training, and program
evaluation pursuant to this article.
Council on Mentally Ill Offenders


6044. (a) The Council on Mentally Ill Offenders is hereby
established within the Department of Corrections and Rehabilitation.
The council shall be composed of 11 members, one of whom shall be the
secretary of the department who shall be designated as the
chairperson, one of whom shall be the Director of Mental Health, and
nine of whom shall be appointed. The Governor shall appoint three
members, at least one of whom shall represent mental health. The
Senate Rules Committee shall appoint two members, one representing
law enforcement and one representing mental health. The Speaker of
the Assembly shall appoint two members, one representing law
enforcement and one representing mental health. The Attorney General
shall appoint one member. The Chief Justice of the California
Supreme Court shall appoint one member who shall be a superior court
judge.
(b) The council shall select a vice chairperson from among its
members. Six members of the council shall constitute a quorum.
(c) The Director of Mental Health shall serve as the liaison to
the Health and Human Services Agency and any departments within that
agency necessary to further the purposes of this article.
(d) Members of the council shall receive no compensation, but
shall be reimbursed for 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 government
employment.
(e) The goal of the council shall be to investigate and promote
cost-effective approaches to meeting the long-term needs of adults
and juveniles with mental disorders who are likely to become
offenders or who have a history of offending. The council shall:
(1) Identify strategies for preventing adults and juveniles with
mental health needs from becoming offenders.
(2) Identify strategies for improving the cost-effectiveness of
services for adults and juveniles with mental health needs who have a
history of offending.
(3) Identify incentives to encourage state and local criminal
justice, juvenile justice, and mental health programs to adopt
cost-effective approaches for serving adults and juveniles with
mental health needs who are likely to offend or who have a history of
offending.
(f) The council shall consider strategies that:
(1) Improve service coordination among state and local mental
health, criminal justice, and juvenile justice programs.
(2) Improve the ability of adult and juvenile offenders with
mental health needs to transition successfully between
corrections-based, juvenile justice-based, and community-based
treatment programs.
(g) The Secretary of the Department of Corrections and
Rehabilitation and the Director of Mental Health may furnish for the
use of the council those facilities, supplies, and personnel as may
be available therefor. The council may secure the assistance of any
state agency, department, or instrumentality in the course of its
work.
(h) (1) The Council on Mentally Ill Offenders shall file with the
Legislature, not later than December 31 of each year, a report that
shall provide details of the council's activities during the
preceding year. The report shall include recommendations for
improving the cost-effectiveness of mental health and criminal
justice programs.
(2) After the first year of operation, the council may recommend
to the Legislature and Governor modifications to its jurisdiction,
composition, and membership that will further the purposes of this
article.
(i) The Council on Mentally Ill Offenders is authorized to apply
for any funds that may be available from the federal government or
other sources to further the purposes of this article.
(j) (1) For purposes of this article, the council shall address
the needs of adults and juveniles who meet the following criteria:
persons who have been arrested, detained, incarcerated, or are at a
significant risk of being arrested, detained, or incarcerated, and
who have a mental disorder as defined in Section 1830.205 of Title 9
of the California Code of Regulations.
(2) The council may expand its purview to allow it to identify
strategies that are preventive in nature and could be directed to
identifiable categories of adults and juveniles that fall outside of
the above definitions.
APPOINTMENT OF PERSONNEL


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 Personnel Administration shall fix the
compensation of the wardens of the state prisons.



6051. The Inspector General may conduct a management review audit
of any warden in the Department of Corrections and Rehabilitation or
superintendent in the Division of Juvenile Justice. The management
review audit shall include, but not be limited to, issues relating to
personnel, training, investigations, and financial matters. Each
management review audit shall include an assessment of the
maintenance of the facility managed by the warden or superintendent.
The audit report shall be submitted to the secretary of the
department for evaluation and for any response deemed necessary. Any
Member of the Legislature or the public may request and shall be
provided with a copy of any audit by the Inspector General, including
a management review audit or a special audit or review. A report
that involves potential criminal investigations or prosecution or
security practices and procedures shall be considered confidential,
and its disclosure shall not be required under this section.



6053. (a) All persons other than temporary appointees heretofore
serving in the state civil service and engaged in the performance of
a function transferred to the department or engaged in the
administration of a law, the administration of which is transferred
to the department, shall remain in the state civil service and are
hereby transferred to the department on the effective date of this
section, and their status, positions and rights shall not be affected
by their transfer and shall continue to be retained by them pursuant
to the State Civil Service Act. The director, pursuant to the State
Civil Service Act, shall be the appointing authority for the
department for all civil service positions except those civil service
positions in the Youth Authority. Positions not heretofore
established, which are exclusively for the California Institution for
Women or exclusively for the Youth Authority, shall be filled
pursuant to the State Civil Service Act.
(b) Notwithstanding Section 18932 of the Government Code, the
maximum age shall be 35 years for any open examination for the
position of correctional officer, correctional program supervisor,
and other custodial positions which normally afford entry into the
Department of Corrections service, unless the applicant is already a
"state safety" member for the purpose of retirement and disability
benefits or was employed in a permanent, temporary, part-time, or
intermittent capacity with the department after July 1, 1973, but
before January 1, 1974.



6053. (a) All persons other than temporary appointees heretofore
serving in the state civil service and engaged in the performance of
a function transferred to the department or engaged in the
administration of a law the administration of which is transferred to
the department shall remain in the state civil service and are
hereby transferred to the department on the effective date of this
section; and their status, positions and rights shall not be affected
by their transfer and shall continue to be retained by them pursuant
to the State Civil Service Act. The director, pursuant to the State
Civil Service Act, shall be the appointing authority for the
department for all civil service positions except those civil service
positions in the Youth Authority. Positions not heretofore
established which are exclusively for the California Institution for
Women or exclusively for the Youth Authority shall be filled pursuant
to the State Civil Service Act.
(b) Any open examination for the position of correctional officer,
correctional program supervisor, and other custodial positions which
normally afford entry into the Department of Corrections service
shall require a demonstration of the physical ability to effectively
carry out the duties and responsibilities of the position in a manner
which would not inordinately endanger the health or safety of a
custodial person or the health and safety of others.



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.
INTERNAL INVESTIGATIONS


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.

[هيثم الفقى]

DEFINITIONS


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.



6081. As used in this code, "prison" and "state prison" include the
California Institution for Women.



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.
THE MEDICAL FACILITY

6100. There is hereby established an institution under the
jurisdiction of the Department of Corrections to be known as the
Medical Facility.


6101. The Medical Facility shall be located in the northern part of
the State.



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 or any agency
thereof who are any of the following:
(a) Mentally disordered.
(b) Developmentally disabled.
(c) Addicted to the use of controlled substances.
(d) Suffering from any other chronic disease or condition.




6103. The Director of Corrections shall construct and equip, in
accordance with law, suitable buildings, structures, and facilities
for the Medical Facility.


6104. The Director of Corrections shall make rules and regulations
for the government of the Medical Facility and the management of its
affairs.


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.



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.

[هيثم الفقى]

OFFICE OF THE INSPECTOR GENERAL



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.



6126. (a) (1) The Inspector General shall review departmental
policy and procedures, conduct audits of investigatory practices and
other audits, and conduct investigations of the Department of
Corrections and Rehabilitation, as requested by either the Secretary
of the Department of Corrections and Rehabilitation or a Member of
the Legislature, pursuant to the approval of the Inspector General
under policies to be developed by the Inspector General. The
Inspector General may, under policies developed by the Inspector
General, initiate an investigation or an audit on his or her own
accord.
(2) The Inspector General shall audit each warden of an
institution one year after his or her appointment, and shall audit
each correctional institution at least once every four years. Each
audit shall include, but not be limited to, issues relating to
personnel, training, investigations, and financial matters. Each
audit shall include an assessment of the maintenance of the facility
managed by the warden. The audit report shall include the Inspector
General's assessment of facility maintenance. These audit reports
shall be provided to the Legislature and shall be made public. The
requirements of this paragraph shall be phased in by the Inspector
General so that they are fully met by July 1, 2009.
(b) Upon completion of an investigation or audit, the Inspector
General shall provide a response to the requester.
(c) The Inspector General shall, during the course of an
investigatory audit, identify areas of full and partial compliance,
or noncompliance, with departmental investigatory policies and
procedures, specify deficiencies in the completion and documentation
of investigatory processes, and recommend corrective actions,
including, but not limited to, additional training with respect to
investigative policies, additional policies, or changes in policy, as
well as any other findings or recommendations that the Inspector
General deems appropriate.
(d) 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.
(e) 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.


6126.1. (a) In consultation with the Commission on Correctional
Peace Officer Standards and Training and the Inspector General, the
Youth and Adult Correctional Agency shall establish a certification
program for investigators under the jurisdiction of the Inspector
General, the Youth and Adult Correctional Agency, the Department of
the Youth Authority, the Department of Corrections, the Board of
Corrections, the Youthful Offender Parole Board, and the Board of
Prison Terms. The investigators' training course shall be consistent
with the standard courses utilized by other major investigative
offices, such as county sheriff and city police departments and the
California Highway Patrol.
(b) Beginning January 1, 1999, all internal affairs investigators
conducting investigations for the office of the Inspector General,
the Youth and Adult Correctional Agency, the Department of the Youth
Authority, the Department of Corrections, the Board of Corrections,
the Youthful Offender Parole Board, and the Board of Prison Terms
shall complete the investigation training and be certified within six
months of employment.
(c) Beginning January 1, 1999, all internal affairs investigators
shall successfully pass a psychological screening exam before
becoming employed with the office of the Inspector General, the Youth
and Adult Correctional Agency, the Department of the Youth
Authority, the Department of Corrections, the Board of Corrections,
the Youthful Offender Parole Board, or the Board of Prison Terms.




6126.2. The Inspector General, the Youth and Adult Correctional
Agency, the Department of the Youth Authority, the Department of
Corrections, the Board of Corrections, the Youthful Offender Parole
Board, and the Board of Prison Terms shall not hire as an internal
affairs investigator any person known to be directly or indirectly
involved in an open internal affairs investigation being conducted by
any federal, state, or local law enforcement agency or the Inspector
General.



6126.3. (a) The Inspector General shall not destroy any papers or
memoranda used to support a completed audit 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 Chapter 3.5 (commencing with Section 6250)
of Division 7 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 Chapter 3.5 (commencing with Section 6250)
of Division 7 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 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
(a) or (b) of Section 6131, 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
investigation that has not been completed.
(3) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to internal discussions
between the Inspector General and his or her staff, or between staff
members of the Inspector General, or any personal notes of the
Inspector General or his or her 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.



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 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 the course of any audit or investigation or that has been
furnished a draft copy of any report for comment or review.



6126.5. (a) Notwithstanding any other provision of 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 any entity defined in Section 6126 for any audit or investigation.
Any officer or employee of any agency or entity having these
records or property in his or her possession or under his or her
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 his or her authorized
representative.
(b) For the purpose of conducting any audit or investigation, the
Inspector General or his or her 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 being audited or investigated to the same extent that
employees or officers of that agency or public entity have access.
No provision of law or any 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).
(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 those
entities specified in Section 6126 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 his or her
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.
If it appears that the facts of the case could lead to punitive
action, the Inspector General shall be subject to Sections 3303,
3307, 3307.5, 3308, and 3309 of the Government Code as if the
Inspector General were the employer, 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, and 3309 of the Government Code.



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) 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.
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. No
rule or procedure shall be adopted that permits the disclosure to the
candidate of information from which the candidate may infer the
source, and no information shall either be disclosed to the candidate
nor be obtainable by any process which 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) No person or entity shall 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) Nothing in this section shall 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.
(l) Wardens who have been appointed but not yet confirmed as of
July 1, 2005, need not be reappointed to the position after that
date, but are subject to the review process provided in this section.



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 investigation or audit conducted pursuant to this
chapter. The Inspector General shall have authority to hire or
retain counsel to provide confidential advice during audits and
investigations. 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.


6127.3. (a) In connection with an audit or investigation pursuant
to this chapter, the Inspector General, or his or her designee, 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
investigative interview conducted as part of an audit or
investigation.
(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 Inspector General, or his or her designee. The
person serving this process may receive compensation as is allowed by
the Inspector General, or his or her designee, not to exceed the
fees prescribed by law for similar service.



6127.4. (a) The superior court in the county in which any
investigative interview is held under the direction of the Inspector
General or his or her designee 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 Inspector
General or his or her designee.
(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 Inspector General or his
or her designee as named in the subpoena, or has refused to answer
questions propounded to him or her in the course of the investigative
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.


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 (b) 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,
the Department of the Youth Authority, the Board of Prison Terms, the
Board of Corrections, the Narcotic Addict Evaluation Authority, the
Prison Industry Authority, or the Youth and Adult Correctional
Agency. This telephone number shall be posted by the above-named
departments, and their respective subdivisions, in clear view of all
employees and the public. When appropriate, the Inspector General
shall initiate an investigation or audit of any alleged improper
governmental activity. However, any request to conduct an
investigation shall be in writing.
(c) All identifying information, and any personal papers or
correspondence from any person who initiated the investigation 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.


6129. (a) (1) For purposes of this section, "employee" means any
person employed by the Youth and Adult Correctional Agency, the
Department of Corrections, the Department of the Youth Authority, the
Board of Corrections, the Board of Prison Terms, the Youth Authority
Board or the Inspector General.
(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
either 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, 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 investigative 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
investigative 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 investigative report, together with all other underlying
investigative 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) The Inspector General shall publish a quarterly summary of
investigations, with personal identifying information removed,
including, but not limited to, the conduct investigated, any
recommended discipline, and any discipline actually imposed.
(3) 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 investigative 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 investigative 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 investigative report, together with all other underlying
investigative 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.



6131. (a) Upon the completion of any audit conducted by the
Inspector General, he or she shall prepare a written report, which
shall be disclosed, along with all underlying materials the Inspector
General deems appropriate, to the Governor, the Secretary of the
Youth and Adult Correctional Agency, the appropriate director, chair,
or law enforcement agency, and the Legislature. Copies of all those
written reports shall be posted on the Inspector General's Web site
within 10 days of being disclosed to the above-listed entities or
persons.
(b) Upon the completion of any investigation conducted by the
Inspector General, he or she shall prepare a complete written report,
which shall be held as confidential and disclosed in confidence,
along with all underlying investigative materials the Inspector
General deems appropriate, to the Governor, the Secretary of the
Youth and Adult Correctional Agency, and the appropriate director,
chair, or law enforcement agency.
(c) Upon the completion of any investigation conducted by the
Inspector General, he or she shall also prepare and issue on a
quarterly basis, a public investigative report that includes all
investigations completed in the previous quarter. The public
investigative report shall differ from the complete investigative
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 investigation, or where disclosure
of the information is otherwise prohibited by law, and to decline to
produce any of the underlying investigative materials. In a case
where allegations were deemed to be unfounded, all applicable
identifying information shall be redacted. The public investigative
report shall be made available to the public upon request and on a
quarterly basis as follows:
(1) In those cases where an investigation is referred only for
disciplinary action before the State Personnel Board or for other
administrative proceedings, the employing entity shall, within 10
days of receipt of the State Personnel Board's order rendered in
other administrative proceedings, provide the Inspector General with
a copy of the order. The Inspector General shall attach the order to
the public investigative report on its Web site and provide copies
of the report and order to the Legislature, as well as to any
complaining employee and any employee who was the subject of the
investigation.
(2) In those cases where the employing entity and the employee
against whom disciplinary action has been taken enter into a
settlement agreement concerning the disciplinary action, the
employing entity shall, within 10 days of the settlement agreement
becoming final, notify the Inspector General in writing of that fact
and shall describe what disciplinary action, if any, was ultimately
imposed on the employee. The Inspector General shall include the
settlement information in the public investigative report on its Web
site and provide copies of the report to the Legislature, as well as
to any complaining employee and any employee who was the subject of
the investigation.
(3) In those cases where the employing entity declines to pursue
disciplinary action against an employee, the employing entity shall,
within 10 days of its decision, notify the Inspector General in
writing of its decision not to pursue disciplinary action, setting
forth the reasons for its decision. The Inspector General shall
include the decision and rationale in the public investigative report
on its Web site and provide copies of the report to the Legislature,
as well as to any complaining employee and any employee who was the
subject of the investigation.
(4) In those cases where an investigation has been referred for
possible criminal prosecution, and the applicable local law
enforcement agency or the Attorney General has decided to commence
criminal proceedings against an employee, the report shall be made
public at a time deemed appropriate by the Inspector General after
consultation with the local law enforcement agency or the Attorney
General, but in all cases no later than when discovery has been
provided to the defendant in the criminal proceedings. The Inspector
General shall thereafter post the public investigative report on its
Web site and provide copies of the report to the Legislature, as
well as to any complaining employee and any employee who was the
subject of the investigation.
(5) In those cases where the local law enforcement agency or the
Attorney General declines to commence criminal proceedings against an
employee, the local law enforcement agency or the Attorney General
shall, within 30 days of reaching that decision, notify the Inspector
General of that fact. The Inspector General shall include the
decision in the public investigative report on its Web site and
provide copies of the report to the Legislature, as well as to any
complaining employee and any employee who was the subject of the
investigation.
(6) In those cases where an investigation has been referred for
neither disciplinary action or other administrative proceedings, nor
for criminal prosecution, the Inspector General shall include the
decision not to refer the matter in the public investigative report
on its Web site and provide copies of the report to the Legislature,
as well as to any complaining employee and any employee who was the
subject of the investigation.



6132. (a) The Inspector General shall report annually to the
Governor and the Legislature a summary of his or her investigations
and audits. The summary shall be posted on the Inspector General's
Web site 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 Inspector
General, and whether recommendations the Inspector General has made
through audits and investigations have been implemented by the
subject agency, department, or board.
(b) The Inspector General shall issue regular, and in no case less
than twice per year, reports to the Governor and the Legislature
summarizing its findings concerning its oversight of Youth and Adult
Correctional Agency disciplinary cases and shall thereafter post the
reports summarizing disciplinary cases on its Web site.



6133. (a) There is created within the office of the Inspector
General a Bureau of Independent Review (BIR), which shall be subject
to the direction of the Inspector General.
(b) The BIR shall be responsible for contemporaneous public
oversight of the Youth and Adult Correctional Agency investigations
conducted by the Department of Corrections' Office of Investigative
Services and by Internal Affairs for the Department of the Youth
Authority. The BIR shall also be responsible for advising the public
regarding the adequacy of each investigation, and whether discipline
of the subject of the investigation is warranted. The BIR shall
have discretion to provide public oversight of other Youth and Adult
Correctional Agency personnel investigations as needed.
(c) (1) The BIR shall issue regular reports, no less than
annually, to the Governor and the Legislature summarizing its
recommendations concerning its oversight of Youth and Adult
Correctional Agency allegations of internal misconduct and use of
force. The BIR shall also issue regular reports, no less than
semiannually, summarizing its oversight of Office of Investigative
Services and Internal Affairs investigations pursuant to subdivision
(b). The reports shall include, but not be limited to, 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 BIR.
(C) An assessment of the quality of the investigation, the
appropriateness of any disciplinary charges, the BIR'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 BIR recommendations
regarding disposition and level of discipline.
(D) The report of any settlement and whether the BIR concurred
with the settlement.
(E) The extent to which any discipline was modified after
imposition.
(2) The reports shall be in a form which does not identify the
agency employees involved in the alleged misconduct.
(3) The reports shall be posted on the Inspector General's Web
site and otherwise made available to the public upon their release to
the Governor and the Legislature.



6140. There is in the Office of the Inspector General the
California Rehabilitation Oversight Board (C-ROB). The board shall
consist of the 11 members as follows:
(a) The Inspector General, who shall serve as chair.
(b) The Secretary of the Department of Corrections and
Rehabilitation.
(c) The Superintendent of Public Instruction, or his or her
designee.
(d) The Chancellor of the California Community Colleges, or his or
her designee.
(e) The Director of the State Department of Alcohol and Drug
Programs, or his or her designee.
(f) The Director of Mental Health, or his or her designee.
(g) A faculty member of the University of California who has
expertise in rehabilitation of criminal offenders, appointed by the
President of the University of California.
(h) A faculty member of the California State University, who has
expertise in rehabilitation of criminal offenders, appointed by the
Chancellor of the California State University.
(i) A county sheriff, appointed by the Governor.
(j) A county chief probation officer, appointed by the Senate
Committee on Rules.
(k) A local government official who provides mental health,
substance abuse, or educational services to criminal offenders,
appointed by the Speaker of the Assembly.



6141. The California Rehabilitation Oversight Board shall meet at
least quarterly, and shall regularly examine the various mental
health, substance abuse, educational, and employment programs for
inmates and parolees operated by the Department of Corrections and
Rehabilitation. The board shall report to the Governor and the
Legislature biannually, on January 15 and July 15, and may submit
other reports during the year if it finds they are necessary. The
reports shall include, but are not limited to, findings on the
effectiveness of treatment efforts, rehabilitation needs of
offenders, gaps in rehabilitation services in the department, and
levels of offender participation and success in the programs. The
board shall also make recommendations to the Governor and Legislature
with respect to modifications, additions, and eliminations of
rehabilitation and treatment programs. In performing its duties, the
board shall use the work products developed for the department as a
result of the provisions of the 2006 Budget Act, including Provision
18 of Item 5225-001-0001.

[هيثم الفقى]

CONSERVATION CENTERS
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."




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.



6202. 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 Director of
Corrections may, at such times as the director deems proper and on
such terms as the director deems wise, enter into contracts or
cooperative agreements with any public agency, local, state, or
federal, for the performance of other conservation projects which are
appropriate for the public agencies under policies which shall be
established by the Prison Industry Authority.
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.
No productive industrial enterprise subject to the jurisdiction of
the Prison Industry 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.


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.




6204. The Director of Corrections shall make rules and regulations
for the government of the conservation centers in the management of
their affairs.


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.


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.




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.




6208. Any persons under the custody of the Director of Corrections
may be transferred to the conservation centers in accordance with
law.

[هيثم الفقى]

RESTITUTION CENTERS


6220. The Director of Corrections may establish and operate
facilities to be known as restitution centers.



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 as ordered by the sentencing court, or as agreed upon by
the defendant and his or her victims.



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.


6223. Restitution centers shall be located in areas which will
maximize the employment opportunities of persons sentenced to the
centers.


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.


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.


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.



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.




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.



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.




6228. A defendant is eligible for placement in a restitution center
if he or she has not served a prison term within the five years
prior to the present conviction, the defendant does not have a
criminal history of a conviction for the sale of drugs or for a
crime involving violence or ***, the defendant did not receive a
sentence of more than 36 months, 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 of Part 3, are applicable to prisoners in
restitution centers.



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.



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.


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.



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.



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.



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.



6236. This chapter shall be known as "Restitution Centers."

[هيثم الفقى]

SUBSTANCE ABUSE COMMUNITY CORRECTIONAL DETENTION
CENTERS
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.


6240.5. This act shall be known, and may be cited, as the Substance
Abuse Community Correctional Treatment Act.



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.



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.
(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
Department of Alcohol and Drug Programs, the agency or agencies
designated by the Director of Finance pursuant to Section 13820, 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 Department of
Alcohol and Drug Programs 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.


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.



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.



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 *******
(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.



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 also shall provide to the Joint Legislative
Committee on Prison Construction and Operations and to the Joint
Legislative Budget Committee, on January 1 of each year beginning
1992, a report on the progress of contracting with counties for
centers as provided in this chapter.
(c) 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 Department of Alcohol and Drug
Programs, the State Department of Health 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.
(d) The department shall be responsible for the ongoing monitoring
of contract compliance for state offenders placed in each center.



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.




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.



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.

[هيثم الفقى]

COMMUNITY CORRECTIONAL CENTERS
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.



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.



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.



6252. The Director of Corrections shall make rules and regulations
for the government of the community correctional centers in the
management of their affairs.



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.



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.


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.




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.


6258. (a) The Director of Corrections 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.
(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 ninth grade level.
(d) In awarding contracts pursuant to this section, the director
may entertain proposals for the establishment and operation of
community correctional reentry centers from public and private
entities and shall give preference to community correctional reentry
centers located near large population centers.



6258.1. No inmate shall 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 is not currently serving a sentence for conviction
of any offense described in subdivision (c) of Section 667.5.
(c) The inmate has less than 120 days left to serve in a
correctional facility.
(d) The inmate has not been convicted previously of an escape
pursuant to Section 4532 of the Penal Code.
(e) The department determines that the inmate would benefit from
the transfer.


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.

[هيثم الفقى]

WORK FURLOUGH PROGRAMS


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.




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.



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.



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 *** 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.



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.


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.



6266. The director may charge the inmate in a work furlough program
reasonable fees, based on ability to pay for room, board, and so
much of the costs of administration as are allocable to the inmate.
Fees may not exceed the actual, demonstrable costs to the department.
No fees shall be collected from an inmate after his or her tenure
in a work furlough program is terminated.
Notwithstanding any other provision of law, no inmate shall be
denied placement in a work furlough program on the basis of inability
to pay fees authorized by this section.

[هيثم الفقى]

SPECIAL FACILITIES

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.

[هيثم الفقى]

REENTRY PROGRAM FACILITIES


6270. The Legislature finds and declares the following:
(a) The continuity of services provided both before and after an
inmate's release on parole will improve the parolee's opportunity for
successful reintegration into society.
(b) Placing an inmate in a secure correctional facility within the
community prior to parole into that community provides the
opportunity for both parole officers and local law enforcement
personnel to better coordinate supervision of that parolee.




6271. (a) The Department of Corrections and Rehabilitation is
authorized to construct, establish, and operate reentry program
facilities throughout the state that will house up to 6,000 inmates.
These facilities shall be secure facilities of up to 500 beds each,
house inmates within one year of being released or rereleased from
custody, and, to the extent possible, be sited in urban locations.
(b) Reentry program facilities shall only be established in a
city, county, or city and county that requests a reentry program
facility, and the proposed location of the facility shall be
identified by the city, county, or city and county.




6271.1. (a) The Department of Corrections and Rehabilitation is
authorized to construct, establish, and operate reentry program
facilities throughout the state that will house up to an additional
10,000 inmates, as provided for in subdivision (c) of Section
15819.41 of the Government Code. These facilities shall be secure
facilities of up to 500 beds each, be for inmates within one year of
being released or rereleased from custody, and, to the extent
possible, be located in urban locations. This authorization is in
addition to the authorization in Section 6271.
(b) Sections 6272 and 6273 shall also apply to this authorization.




6272. Reentry program facilities shall provide programming to
inmates and parole violators tailored to the specific problems faced
by this population when reintegrating into society. Persons housed in
these facilities shall receive risk and needs assessments, case
management services, and wraparound services that provide a
continuity of support services between custody and parole.



6273. In the locations where a reentry program facility is
established, the Department of Corrections and Rehabilitation shall
develop a collaborative partnership with local government, local law
enforcement, and community service providers.




6275. (a) Notwithstanding any other provision of law, the
Department of Corrections and Rehabilitation is authorized to use the
Northern California Women's Facility in Stockton as a reentry
facility to house inmates, parole violators, or parolees pending
revocation of their parole who are either paroling to, or returning
to prison from, the Counties of San Joaquin, Calaveras, or Amador.
(b) The provisions of subdivision (b) of Section 15820.907 of the
Government Code were met on August 7, 2007, when the San Joaquin
County Board of Supervisors and the Stockton City Council passed
resolutions supporting conversion of the former Northern California
Women's Facility to a reentry facility to house male inmates or
parole violators.
(c) The "reactivation" of the Northern California Women's Facility
for use as a reentry facility to house male inmates shall have the
same meaning and legal definition as the following terms:
(1) "Assist the state in siting" as provided in subdivision (b)
of Section 15820.907 of the Government Code.
(2) "Sited" as provided in subdivision (b) of Section 15820.918 of
the Government Code and paragraph (3) of subdivision (a) of Section
7021 of this code.

[هيثم الفقى]

REGIONAL JAIL CAMPS
6300. The Department of Corrections is authorized to establish and
operate regional jail camps.



6301. The primary purpose of the camps shall be the confinement,
treatment, and care of persons sentenced to long jail terms,
including persons so imprisoned as a condition of probation.



6302. The Director of Corrections shall make rules and regulations
governing eligibility for commitment or transfer to such camps and
rules and regulations for the government of such camps. Subject to
the rules and regulations of the Director of Corrections, and if
there is in effect for the county a contract entered into pursuant to
Section 6303, a county prisoner may be committed to a regional jail
camp in lieu of commitment to a county jail or other county detention
facility.



6303. (a) The director may enter into a contract, with the approval
of the Director of General Services, with any county of the state,
upon the request of the board of supervisors thereof, wherein the
Director of Corrections agrees to furnish confinement, care,
treatment, and employment of county prisoners. The county shall
reimburse the state for the cost of such services, such cost to be
determined by the Director of Finance. Each county auditor shall
include in his state settlement report rendered to the Controller in
the months of January and June the amounts due under any contract
authorized by this section, and the county treasurer, at the time of
settlement with the state in such months, shall pay to the State
Treasurer upon order of the Controller, the amounts found to be due.
(b) The Department of Corrections shall accept such county
prisoner if it believes that the prisoner can be materially benefited
by such confinement, care, treatment, and employment, and if
adequate facilities to provide such care are available. No such
person shall be transported to any facility under the jurisdiction of
the Department of Corrections until the director has notified the
referring court of the place to which said person is to be
transmitted and the time at which he can be received.
(c) The sheriff of the county in which such an order is made
placing a misdemeanant in a jail camp pursuant to this chapter, or
any other peace officer designated by the court, shall execute an
order placing such county prisoner in the jail camp or returning him
therefrom to the court. The expense of such sheriff or peace officer
incurred in executing such order is a charge upon the county in
which the court is situated.



6304. The Director of Corrections may return to the committing
authority any person committed transferred to a regional jail camp
pursuant to this chapter when there is no suitable employment or when
such person is guilty of any violation of rules and regulations of
the regional jail camp.

[هيثم الفقى]

PRISON VISITOR SERVICES


6350. The Legislature finds and declares the following:
(a) Maintaining an inmate's family and community relationships is
an effective correctional technique which reduces recidivism.
(b) Enhancing visitor services increases the frequency and quality
of visits, thereby discouraging violent prisoner activity.
(c) The location of prisons and lack of services to assist
visitors impedes visiting.



6351. The Department of Corrections shall contract with a private
nonprofit agency or agencies to establish and operate a visitor
center outside each state adult prison in California which has a
population of more than 300 inmates.


6352. Each visitor center shall provide, at a minimum, each of the
following services to prison visitors:
(a) Assistance to visitors with transportation between public
transit terminals and prisons.
(b) Child care for visitors' children.
(c) Emergency clothing.
(d) Information on visiting regulations and processes.
(e) Referral to other agencies and services.
(f) A sheltered area, which is outside of the security perimeter,
for visitors who are waiting before or after visits.
In addition, each center shall maintain working relations with the
local community and institution.



6353. Each nonprofit agency which the department contracts with
pursuant to Section 6351 shall submit to the department and to the
Legislature an annual report which includes, but is not limited to,
the following information:
(a) A description of the barriers to visiting.
(b) A quantitative and narrative description of the services which
it rendered.
(c) A description of the impact of the centers which it provided
on visiting.
(d) A description of areas for improvement of services or
coordination with other public or private agencies.
(e) A description of the community resources which it utilized.



6354. The Department of Corrections shall employ all the following
criteria in selecting the agency or agencies with which it contracts
pursuant to Section 6351:
(a) The number and quality of services proposed in comparison to
direct program costs.
(b) Prior experience in establishing and operating prison visitor
service centers in California.
(c) Prior experience in working cooperatively with the department,
other correctional agencies, community programs, inmates, visitors,
and the general public.
(d) The ability to use volunteers and other community resources to
maximize the cost effectiveness of this program.
(e) The identified needs of visitors.



6355. Nothing in this chapter is intended to limit the department
in developing additional programs or making all reasonable efforts to
promote visits to prisoners.



6356. The department shall cooperate with the Department of
Transportation in the development of public transportation services
to prisons, pursuant to Section 14035.9 of the Government Code and
Section 99317.9 of the Public Utilities Code.

[هيثم الفقى]

PRISON VISITATION
6400. Any amendments to existing regulations and any future
regulations adopted by the Department of Corrections which may impact
the visitation of inmates shall do all of the following:
(a) Recognize and consider the value of visiting as a means to
improve the safety of prisons for both staff and inmates.
(b) Recognize and consider the important role of inmate visitation
in establishing and maintaining a meaningful connection with family
and community.
(c) Recognize and consider the important role of inmate visitation
in preparing an inmate for successful release and rehabilitation.

[هيثم الفقى]

MASTER PLAN CONSTRUCTION


7000. (a) The Department of Corrections and Rehabilitation shall
prepare plans for, and construct facilities and renovations included
within, its master plan for which funds have been appropriated by the
Legislature.
(b) "Master plan" means the department's "Facility Requirements
Plan," dated April 7, 1980, and any subsequent revisions.



7001. Any power, function, or jurisdiction for planning or
construction of facilities or renovations pursuant to the master plan
which is conferred by statute upon the Department of General
Services shall be deemed to be conferred upon the department.




7002. The department may transfer the responsibility for
undertaking any aspect of the master plan to the Department of
General Services or the Office of the State Architect which, upon
such transfer, shall perform those functions with all deliberate
speed.



7003. For each facility or project included within its master plan,
at least 30 days prior to submission of preliminary plans to the
State Public Works Board, the department shall submit to the Joint
Legislative Budget Committee all of the following:
(a) A preliminary plan submittal package, as defined by the State
Administrative Manual.
(b) An estimate of the annual operating costs of the facility.
(c) A staffing plan for the operation of the facility.
(d) A plan for providing medical, mental health, and dental care
to inmates.
(e) A plan for inmate programming at the facility, including
education, work, and substance abuse programming.
If the committee fails to take any action with respect to the
submitted plans within 45 days after submittal, this inaction shall
be deemed to be approval for purposes of this section.



7003.5. (a) The department shall provide the Joint Legislative
Budget Committee with quarterly reports on the progress of funded
projects consistent with the requirements outlined in the State
Administrative Manual. This report shall include new prisons,
projects to construct inmate housing and other buildings at, or
within, existing prison facilities, prison medical, mental health,
and dental facilities, reentry facilities, and infrastructure
projects at existing prison facilities.
(b) On January 10 of each year, the department shall provide a
report to the Joint Legislative Budget Committee that includes the
status of each project that is part of the master plan, including
projects planned, projects in preliminary planning, working, drawing
and construction phases, and projects that have been completed. The
report shall include new prisons; projects to construct inmate
housing and other buildings at or within existing prison facilities;
prison medical, mental health, and dental facilities; reentry
facilities; and infrastructure projects at existing prison
facilities.
(c) This section applies to regular prison facilities; projects to
expand existing prison facilities; prison medical, mental health,
and dental facilities; reentry facilities; and infrastructure
projects at existing prison facilities, whether or not built or
operated exclusively by the department.
(d) The report required in subdivision (b) shall include the
following information for adult and juvenile facilities:
(1) The department's plans to remove temporary beds in dayrooms,
gyms, and other areas, as well as plans to permanently close or
change the mission of the facilities.
(2) The department's plans to construct new facilities, including
reentry facilities.
(3) The department's plans to renovate existing facilities and
renovate, improve, or expand infrastructure capacity at existing
prison facilities.
(4) The scope of each project identified in the master plan.
(5) The budget for each project identified in the master plan.
(6) The schedule for each project identified in the master plan.
(7) A master schedule for the overall plan to deliver the
department's capital outlay program including planned versus actual
progress to date.
(8) Staffing plans for each project identified in the master plan,
including program, custody, facilities management, administration,
and health care.
(9) Total estimated cost of all projects in the master plan by
funding source, including planned versus actual expenditures to date.

(10) Projected versus actual population plotted against projected
versus actual housing capacity in aggregate and by security level.



7004. The plans required pursuant to Section 7000 shall contain the
department's plan for soliciting and receiving local public comment
regarding the placement of a correctional facility in any particular
community. The plan shall include provision for notice to a
community, including the city, county, or city and county, under
consideration for construction of a facility within 30 days after the
department has identified a possible site for the proposed facility,
public hearings on the proposed facility, and dissemination of the
response of the department to comments of the community on the
proposed facility.
The plan developed by the department concerning public comment on
placement of correctional facilities shall be submitted to the
Legislature and the Governor within 60 days of the effective date of
this section. The plan shall be implemented as of the date of
submission to the Governor and Legislature with respect to all
prospective placements of correctional facilities. The Legislature
and the Governor shall also be sent any subsequent changes or
revisions of the plan by the department.




7004.5. The Department of Corrections and Rehabilitation shall meet
with representatives of cities or, if the prison is located in an
unincorporated location, counties, whenever the Legislature
authorizes the planning, design, or construction of new permanent
housing units. The meeting shall take place prior to the completion
of the review required by Division 13 (commencing with Section 21000)
of the Public Resources Code. The department shall describe the
scope of the project and the project schedule, and shall consider
comments from the city or county representatives regarding the
project's impact.


7005. Notwithstanding any other provision of law, mitigation
funding shall be distributed to any local education agency, or any
city, county, or city and county as a result of the construction of
new permanent prison housing facilities, the activation of temporary
beds as part of the Emergency Bed Program authorized by the Budget
Acts of 1995 and 1996, and any future emergency bed expansions by the
Department of Corrections if funds for that purpose are appropriated
to the department in the annual Budget Act or any other act approved
by the Legislature.



7005.5. (a) Any funds appropriated for mitigation costs pursuant to
Section 7005 shall be divided as follows: one-half for allocation
among any impacted local education agency, and one-half for
allocation among any impacted city, county, or city and county.
(b) Any funds appropriated for mitigation of costs of a city,
county, or city and county shall be divided among any city, county,
or city and county impacted by the prison construction or expansion.

(c) Funds to be allocated among any impacted city, county, or city
and county shall be paid directly to each impacted entity by the
Department of Corrections upon receipt of resolutions adopted by the
governing body of each impacted city, county, or city and county
indicating agreement by an entity regarding the specific allocations
to that entity. Only a local impacted entity whose current approved
sphere of influence includes the site of increased inmate housing
capacity shall be deemed to be a jurisdiction eligible for mitigation
pursuant to Section 7005.
(d) Funds to be allocated among any impacted local education
agency shall be disbursed to the county superintendent of schools for
allocation among any impacted local education agency.



7006. (a) The Department of the Youth Authority is authorized to
transfer to the Department of Corrections title to any property of
the Preston School of Industry at Ione not currently being used by
the Department of the Youth Authority.
(b) The Department of the Youth Authority is authorized to
transfer to the Department of Corrections title to any property of
the Northern California Youth Center near Stockton not currently
being used by the Department of the Youth Authority.




7008. (a) Division 13 (commencing with Section 21000) of the Public
Resources Code shall not apply to the addition of 150 Level I and
Level II beds authorized by Section 5 of this act at San Gabriel
Canyon, provided that the department has made the following finding
with respect to that facility:
(1) The increase in bed capacity, if any, shall not exceed, 5
percent of the total capacity of the facility prior to the increase.

(2) Any modifications made to existing structures are internal
only. No external additions to existing structures or construction
of new structures shall be done. Modular structures used
exclusively for prisoner program activity shall be exempt from this
requirement.
(3) Any modifications to a facility shall not result in a
significant depletion in water, sewage, or other environmental
resources. The department shall present substantial evidence that
this requirement has been met in the findings described in
subdivision (b).
(b) The department shall make findings that the requirements of
subdivision (a) have been met, and shall make the findings available
to the public.



7010. (a) The Director of Corrections may solicit bids for any
lease or lease-purchase for the establishment of a prison facility
for a site in Los Angeles County.
(b) The director may not accept any lease or lease-purchase bid or
execute any lease or lease-purchase agreement unless and until the
bid or agreement is submitted for review and approval under the
procedure described in Section 7003.
(c) Any lease or lease-purchase agreement executed pursuant to
this section shall contain, as a condition of the agreement,
stipulations requiring compliance with the provisions of Chapter 1
(commencing with Section 1720) of Part 7 of the Labor Code in the
construction of any facility within the scope of the agreement.




7011. (a) The Department of Corrections shall submit to the Joint
Legislative Prison Committee, the Kings County Board of Supervisors,
the Corcoran City Council, and the State Public Works Board, at least
30 days prior to the acquisition of real property for a prison
facility to be located in the vicinity of Corcoran in Kings County,
an environmental assessment study, which shall include a discussion
of impacts and mitigation measures, if necessary, for the following
areas:
(1) Geology.
(2) Hydrology--groundwater.
(3) Water quality--surface waters.
(4) Plant and animal life--endangered and rare species.
(5) Air quality.
(6) Noise.
(7) Light and glare.
(8) Transportation and circulation.
(9) Utilities--gas, electricity, telephone, solid waste, sewage
disposal, and drinking water.
(10) Archaeology.
(11) Energy.
(b) The factors set forth in subdivision (a) shall be assessed
only as they relate to the direct impacts caused off the site as a
result of the construction, operation, and maintenance of the prison
facility upon completion and occupancy.
(c) Notwithstanding any other provisions of law, other than
Section 7003 and those provisions of the Government Code that require
the approval of the State Public Works Board, the Department of
Finance, or the Director of Finance for capital outlay projects, the
approval of the study by the State Public Works Board is the only
approval required for the acquisition of real property, planning,
design, and construction of the prison facility and the operation and
maintenance of the facility. The State Public Works Board shall not
act on the study until it receives a recommendation from the Joint
Legislative Prison Committee. Approval of the study by the State
Public Works Board shall be final and binding on all parties.
(d) If the committee does not, by a majority vote of the committee
membership, take any action on the study within 30 days after
submittal, that inaction shall be deemed to be a recommendation of
concurrence for the purposes of this section.
(e) Prior to providing a recommendation to the State Public Works
Board, but within the 30-day period specified in subdivision (d), the
committee shall hold a public hearing in Corcoran. Notice of the
hearing shall be published in a newspaper of general circulation in,
or adjacent to, Corcoran. The notice shall be at least one-quarter
page in size. The Corcoran City Council and the Kings County Board
of Supervisors shall be invited to participate in the hearing.




7012. (a) The Department of Corrections shall submit to the Joint
Legislative Prison Committee, the State Public Works Board, the
appropriate county board of supervisors, and the local city council
at least 30 days prior to the acquisition of real property for prison
facilities to be located in Riverside and Del Norte Counties, an
environmental assessment study, which shall include a discussion of
impacts and mitigation measures, if necessary, for the following
areas:
(1) Geology.
(2) Hydrology-groundwater.
(3) Water quality-surface waters.
(4) Plant and animal life-endangered and rare species.
(5) Air quality.
(6) Noise.
(7) Light and glare.
(8) Utilities-gas, electricity, telephone, solid waste, sewage
disposal, and drinking water.
(9) Archaeology.
(10) Energy.
(b) The factors set forth in subdivision (a) shall be assessed
only as they relate to the direct impacts caused off the site as a
result of the construction, operation, and maintenance of the prison
facility upon completion and occupancy.
(c) Notwithstanding any other provision of law, other than Section
7003, the approval of the study by the State Public Works Board is
the only approval required for compliance with any applicable
environmental requirements. The Public State Works Board shall not
act on the study until it receives a recommendation from the Joint
Legislative Prison Committee. Approval of the study by the State
Public Works Board shall be final and binding on all parties.
(d) If the committee does not, by a majority vote of the committee
membership, take any action on the study within 30 days after
submittal, that inaction shall be deemed to be a recommendation of
concurrence for the purposes of this section.
(e) Prior to providing a recommendation to the State Public Works
Board, but within the 30-day period specified in subdivision (d), the
committee shall hold a public hearing in the community in the
vicinity of the proposed site. Notice of the hearing shall be
published in a newspaper of general circulation in, or adjacent to,
that community. The notice shall be at least one-quarter page in
size. The city council and the county board of supervisors shall be
invited to participate in the hearing.



7013. The Department of Corrections shall contract, or make a
good-faith effort to contract, with the Department of Water Resources
or the Bureau of Reclamation, or both, to secure a water supply for
the prison at Avenal.


7015. (a) Except as provided in subdivision (b), the Department of
Corrections may contract with the City of Folsom for the
construction of a courthouse and related facilities, not to exceed
one million nine hundred thousand dollars ($1,900,000) in costs.
Under this contract, the Department of Corrections is authorized to
make payments to the City of Folsom in consideration for the
construction of the courthouse, provided that the sums paid to the
city are realized from savings to the department by the location of
the courthouse in the immediate proximity of Folsom Prison.
Under this contract, the Department of Corrections is authorized
to make annual payments to the City of Folsom in an amount not to
exceed the approximate savings realized in each fiscal year. These
funds shall come from the operating budget of the department.
In negotiating this contract, the Department of Corrections shall
note the extent to which the courthouse will serve the interests of
the County of Sacramento independent of matters pertaining to
individuals in state custody and shall seek appropriate participation
in the funding of the courthouse from the county.
(b) The Department of Corrections may not contract with the City
of Folsom for a court facility unless a majority of the members of
the Sacramento County Board of Supervisors, the presiding judge of
the Sacramento County Municipal Court, and the presiding judge of the
Sacramento County Superior Court all agree, in writing, to operate a
court facility in the City of Folsom as provided by subdivision (a).



7016. The Department of Corrections may contract with the County of
Kern for the construction and financing of a courthouse and related
facilities. Under this contract, the Department of Corrections is
authorized to make payments to the County of Kern in consideration
for the construction and financing of the courthouse and related
facilities, provided that the sums paid to the county are realized
from savings to the department by the location of the courthouse in
the proximity of the California Correctional Facility in Tehachapi.
In accordance with the contract, the Department of Corrections is
authorized to make annual payments to the County of Kern from the
approximate savings realized in each fiscal year. These funds shall
come from the operating budget of the department. In negotiating
this contract, the Department of Corrections shall note the extent to
which the courthouse will serve the interest of the County of Kern
independent of matters pertaining to individuals in state custody,
and seek appropriate county participation in funding.



7021. (a) The State Public Works Board may not release any funds
provided for projects in Section 15819.41 of the Government Code or
Section 6271.1, until a three-member panel, composed of the State
Auditor, the Inspector General, and an appointee of the Judicial
Council of California, verifies that the conditions outlined in
paragraphs (1) to (13), inclusive, have been met. The Legislative
Analyst shall provide information and input to the three-member panel
as it considers whether the conditions have been met.
(1) At least 4,000 beds authorized in subdivision (a) of Section
15819.40 of the Government Code are under construction.
(2) The first 4,000 beds authorized in subdivision (a) of Section
15819.40 of the Government Code include space and will provide
opportunities for rehabilitation services for inmates.
(3) At least 2,000 of the beds authorized in subdivision (a) of
Section 6271 are under construction or sited.
(4) At least 2,000 substance abuse treatment slots established in
Section 2694 have been established, with aftercare in the community.

(5) Prison institutional drug treatment slots have averaged at
least 75 percent participation over the previous six months.
(6) The Department of Corrections and Rehabilitation has
implemented an inmate assessment at reception centers, pursuant to
Section 3020, and has used the assessment to assign inmates to
rehabilitation programs for at least six consecutive months.
(7) The Department of Corrections and Rehabilitation has completed
the Inmate Treatment and Prison-to-Employment Plan, pursuant to
Section 3105.
(8) At least 300 parolees are being served in day treatment or
crisis care services, pursuant to Section 3073.
(9) The California Rehabilitation Oversight Board (C-ROB), created
pursuant to Section 6140, has been in operation for at least one
year, and is regularly reviewing the Department of Corrections and
Rehabilitation's programs. This condition may be waived if the
appointments to the C-ROB have not been made by the Legislature.
(10) The Department of Corrections and Rehabilitation has
implemented a plan to address management deficiencies, pursuant to
Section 2061, and at least 75 percent of management positions have
been filled for at least six months.
(11) The Department of Corrections and Rehabilitation has
increased full-time participation in inmate academic and vocation
education programs by 10 percent from the levels of participation on
April 1, 2007.
(12) The Department of Corrections and Rehabilitation has
developed and implemented a plan to obtain additional rehabilitation
services, pursuant to Section 2062, and the vacancy rate for
positions dedicated to rehabilitation and treatment services in
prisons and parole offices is no greater than the statewide average
vacancy rate for all state positions.
(13) The Department of Corrections and Rehabilitation has reviewed
existing parole procedures.
(b) The provisions of Section 15819.41 of the Government Code and
Section 6271.1 shall not authorize construction of facilities until
the three-member panel specified in subdivision (a) has certified
that the requirements of that subdivision has not been meet. Those
sections shall become inoperative on January 1, 2014. Any projects
already underway may continue, and funding for those projects shall
remain.
(c) The requirements set forth in Section 7021 are contingent upon
the Legislature making funds available for the rehabilitation
programs set forth in the Public Safety and Offender Rehabilitation
Services Act of 2007.



7050. (a) (1) Section 28 of Chapter 7 of the Statutes of 2007
contains an appropriation of three hundred million dollars
($300,000,000) for capital outlay to be allocated to renovate,
improve, or expand infrastructure capacity at existing prison
facilities. The funds appropriated by that section may be used for
land acquisition, environmental services, architectural programming,
engineering assessments, schematic design, preliminary plans, working
drawings, and construction.
(2) These funds may also be used to address deficiencies related
to utility systems owned by local government entities and serving
state prison facilities subject to the provisions of Section 54999 of
the Government Code. The department shall report on any funds to be
expended for this purpose to the Joint Legislative Budget Committee.
If the committee fails to take any action with respect to each
notification within 20 days after submittal, this inaction shall be
deemed to be approval for purposes of this section.
(3) This subsection authorizes the scope and cost of a single
capital outlay project for purposes of calculating augmentations
pursuant to Section 13332.11.
(b) The scope and costs of the projects described in subdivision
(a) of this section shall be subject to approval and administrative
oversight by the State Public Works Board, including augmentations,
pursuant to Section 13332.11 of the Government Code. The availability
of an augmentation for each individual project allocation shall be
based on the total applicable capital outlay appropriation contained
in Section 28 of Chapter 7 of the Statutes of 2007 and is not limited
to 20 percent of the individual project allocation. These
requirements shall be applied separately to each institution. All of
the necessary infrastructure improvements at each institution may be
treated as one project such that there would be one infrastructure
improvement project at each institution. The scope and cost of each
infrastructure improvement project shall be established by the board
individually. The amount of the total appropriation in Section 28 of
Chapter 7 of the Statutes of 2007 that is necessary for each
infrastructure improvement project shall be allocated by institution.
The appropriation may be allocated based on current estimates. These
initial allocations may be adjusted commensurate to changes that
occur during the progression of the projects. As allocations are made
or adjusted, the anticipated deficit or savings shall be
continuously tracked and reported. Once the total appropriation has
been allocated, any augmentation necessary to fund an anticipated
deficit shall be based on the total appropriation and allocated to
each project as necessary. The Joint Legislative Budget Committee
shall be notified 30 days prior to the establishment of scope,
schedule, and cost for each project by the board. The Department of
Corrections and Rehabilitation shall notify the Joint Legislative
Budget Committee 45 days prior to the submission of preliminary plans
to the board for each project. If, after providing these
notifications to the Joint Legislative Budget Committee, the
committee fails to take any action with respect to the notifications
within the specified time periods, this inaction will be deemed to be
approval for purposes of this section. The Department of Corrections
and Rehabilitation shall report on the allocations from the
appropriation in Section 28 of Chapter 7 of the Statutes of 2007 and
the anticipated deficit or savings to the Joint Legislative Budget
Committee quarterly.
(c) The scope and costs of the projects described in subdivision
(a) shall be part of the Department of Corrections and Rehabilitation'
s Master Plan, as defined in Section 7000.
(d) The reporting requirements set forth in Sections 7000 and
7003.5 shall apply separately to each project constructed or
renovated pursuant to this section. For all purposes other than
calculating augmentations pursuant to Section 13332.11 each
improvement authorized under subdivision (a) is considered a separate
project.

[هيثم الفقى]

NEW PRISON CONSTRUCTION BOND ACT OF 1981
7100. This chapter shall be known and may be cited as the New
Prison Construction Bond Act of 1981.



7101. The State General Obligation Bond Law is adopted for the
purpose of the issuance, sale and repayment of, and otherwise
providing with respect to, the bonds authorized to be issued by this
chapter, and the provisions of that law are included in this chapter
as though set out in full in this chapter except that,
notwithstanding anything in the State General Obligation Bond Law,
the maximum maturity of the bonds shall not exceed 20 years from the
date of each respective series. The maturity of each respective
series shall be calculated from the date of such series.




7102. There is in the State Treasury the New Prison Construction
Fund, which fund is hereby created.



7103. The New Prison Construction Committee is hereby created. The
committee shall consist of the Controller, the State Treasurer, and
the Director of Finance. Such committee shall be the "committee," as
that term is used in the State General Obligation Bond Law.



7104. The committee is hereby authorized and empowered to create a
debt or debts, liability or liabilities, of the State of California,
in the aggregate of four hundred ninety-five million dollars
($495,000,000), in the manner provided in this chapter. Such debt or
debts, liability or liabilities, shall be created for the purpose of
providing the fund to be used for the object and work specified in
Section 7106.



7105. The committee may determine whether or not it is necessary or
desirable to issue any bonds authorized under this chapter, and if
so, the amount of bonds then to be issued and sold. The committee
may authorize the State Treasurer to sell all or any part of the
bonds herein authorized at such time or times as may be fixed by the
State Treasurer.



7106. The moneys in the fund shall be used for the construction,
renovation, remodeling, and deferred maintenance of state
correctional facilities.


7106.5. The moneys in the fund may be used for construction of
joint use correctional facilities housing county and state or federal
prisoners or any combination thereof in proportion to the state
benefit.


7107. All bonds herein authorized, which shall have been duly sold
and delivered as herein provided, shall constitute valid and legally
binding general obligations of the State of California, and the full
faith and credit of the State of California is hereby pledged for the
punctual payment of both principal and interest thereon.
There shall be collected annually in the same manner and at the
same time as other state revenue is collected such a sum, in addition
to the ordinary revenues of the state, as shall be required to pay
the principal and interest on such bonds as herein provided, and it
is hereby made the duty of all officers charged by law with any duty
in regard to the collection of such revenue to do and perform each
and every act which shall be necessary to collect such additional
sum.
All money deposited in the fund which has been derived from
premium and accrued interest on bonds sold shall be available for
transfer to the General Fund as a credit to expenditures for bond
interest.
All money deposited in the fund pursuant to any provision of law
requiring repayments to the state which are financed by the proceeds
of the bonds authorized by this chapter shall be available for
transfer to the General Fund. When transferred to the General Fund
such money shall be applied as a reimbursement to the General Fund on
account of principal and interest on the bonds which has been paid
from the General Fund.



7108. There is hereby appropriated from the General Fund in the
State Treasury for the purpose of this chapter such an amount as will
equal the following:
(a) Such sum annually as will be necessary to pay the principal of
and the interest on the bonds issued and sold pursuant to the
provisions of this chapter.
(b) Such sum as is necessary to carry out the provisions of
Section 7109, which sum is appropriated without regard to fiscal
years.


7109. For the purpose of carrying out the provisions of this
chapter, the Director of Finance may by executive order authorize the
withdrawal from the General Fund of an amount or amounts not to
exceed the amount of the unsold bonds which the committee has by
resolution authorized to be sold for the purpose of carrying out this
chapter. Any amounts withdrawn shall be deposited in the fund and
shall be disbursed by the committee in accordance with this chapter.
Any money made available under this section to the board shall be
returned by the board to the General Fund from moneys received from
the sale of bonds sold for the purpose of carrying out this chapter.
Such withdrawals from the General Fund shall be returned to the
General Fund with interest at the rate which would otherwise have
been earned by those sums in the Pooled Money Investment Fund.



7110. All proceeds from the sale of bonds, except those derived
from premiums and accrued interest, shall be available for the
purpose provided in Section 7106 but shall not be available for
transfer to the General Fund to pay principal and interest on bonds.
The money in the fund may be expended only as herein provided.




7111. Money in the fund may only be expended for projects specified
in this chapter pursuant to appropriations by the Legislature.

[هيثم الفقى]

NEW PRISON CONSTRUCTION BOND ACT OF 1984


7200. This chapter shall be known and may be cited as the New
Prison Construction Bond Act of 1984.



7201. The State General Obligation Bond Law is adopted for the
purpose of the issuance, sale and repayment of, and otherwise
providing with respect to, the bonds authorized to be issued by this
chapter, and the provisions of that law are included in this chapter
as though set out in full in this chapter except that,
notwithstanding anything in the State General Obligation Bond Law,
the maximum maturity of the bonds shall not exceed 20 years from the
date of each respective series. The maturity of each respective
series shall be calculated from the date of such series.




7202. There is in the State Treasury the 1984 Prison Construction
Fund, which fund is hereby created.



7203. The 1984 Prison Construction Committee is hereby created.
The committee shall consist of the Controller, the State Treasurer,
and the Director of Finance. That committee shall be the "committee,"
as that term is used in the State General Obligation Bond Law.



7204. The committee is hereby authorized and empowered to create a
debt or debts, liability or liabilities, of the State of California,
in the aggregate of three hundred million dollars ($300,000,000), in
the manner provided in this chapter. That debt or debts, liability
or liabilities, shall be created for the purpose of providing the
fund to be used for the object and work specified in Section 7206.




7205. The committee may determine whether or not it is necessary or
desirable to issue any bonds authorized under this chapter, and if
so, the amount of bonds then to be issued and sold. The committee
may authorize the Treasurer to sell all or any part of the bonds
herein authorized at such time or times as may be fixed by the
Treasurer.



7206. The moneys in the fund shall be used for the construction,
renovation, remodeling, and deferred maintenance of state
correctional facilities.


7207. All bonds herein authorized, which shall have been duly sold
and delivered as herein provided, shall constitute valid and legally
binding general obligations of the State of California, and the full
faith and credit of the State of California is hereby pledged for the
punctual payment of both principal and interest thereon.
There shall be collected annually in the same manner and at the
same time as other state revenue is collected such a sum, in addition
to the ordinary revenues of the state, as shall be required to pay
the principal and interest on such bonds as herein provided, and it
is hereby made the duty of all officers charged by law with any duty
in regard to the collection of such revenue to do and perform each
and every act which shall be necessary to collect such additional
sum.
All money deposited in the fund which has been derived from
premium and accrued interest on bonds sold shall be available for
transfer to the General Fund as a credit to expenditures for bond
interest.
All money deposited in the fund pursuant to any provision of law
requiring repayments to the state which are financed by the proceeds
of the bonds authorized by this chapter shall be available for
transfer to the General Fund. When transferred to the General Fund
such money shall be applied as a reimbursement to the General Fund on
account of principal and interest on the bonds which has been paid
from the General Fund.



7208. There is hereby appropriated from the General Fund in the
State Treasury for the purpose of this chapter such an amount as will
equal the following:
(a) Such sum annually as will be necessary to pay the principal of
and the interest on the bonds issued and sold pursuant to the
provisions of this chapter.
(b) Such sum as is necessary to carry out the provisions of
Section 7209, which sum is appropriated without regard to fiscal
years.


7209. For the purpose of carrying out the provisions of this
chapter, the Director of Finance may by executive order authorize the
withdrawal from the General Fund of an amount or amounts not to
exceed the amount of the unsold bonds which the committee has by
resolution authorized to be sold for the purpose of carrying out this
chapter. Any amounts withdrawn shall be deposited in the fund and
shall be disbursed by the committee in accordance with this chapter.
Any money made available under this section to the board shall be
returned by the board to the General Fund from moneys received from
the sale of bonds sold for the purpose of carrying out this chapter.
Such withdrawals from the General Fund shall be returned to the
General Fund with interest at the rate which would otherwise have
been earned by those sums in the Pooled Money Investment Fund.



7210. All proceeds from the sale of bonds, except those derived
from premiums and accrued interest, shall be available for the
purpose provided in Section 7206 but shall not be available for
transfer to the General Fund to pay principal and interest on bonds.
The money in the fund may be expended only as herein provided.




7211. Money in the fund may only be expended for projects specified
in this chapter pursuant to appropriations by the Legislature.
NEW PRISON CONSTRUCTION BOND ACT OF 1986


7300. This chapter shall be known and may be cited as the New
Prison Construction Bond Act of 1986.



7301. The State General Obligation Bond Law is adopted for the
purpose of the issuance, sale and repayment of, and otherwise
providing with respect to, the bonds authorized to be issued by this
chapter, and the provisions of that law are included in this chapter
as though set out in full in this chapter except that,
notwithstanding anything in the State General Obligation Bond Law,
the maximum maturity of the bonds shall not exceed 20 years from the
date of each respective series. The maturity of each respective
series shall be calculated from the date of such series.




7302. There is in the State Treasury the 1986 Prison Construction
Fund, which fund is hereby created. The proceeds of the sale of
bonds authorized by this act shall be deposited in this fund and may
be transferred upon request of the Department of Corrections and upon
approval of the Director of Finance, to the 1984 Prison Construction
Fund established by Section 7202. If the moneys are so transferred,
"fund" means the 1984 Prison Construction Fund.



7303. The 1986 Prison Construction Committee is hereby created.
The committee shall consist of the Controller, the State Treasurer,
and the Director of Finance. That committee shall be the "committee,"
as that term is used in the State General Obligation Bond Law.
The Department of Corrections is the "board" for the purpose of
the State General Obligation Bond Law and this chapter.



7304. The committee is hereby authorized and empowered to create a
debt or debts, liability or liabilities, of the State of California,
in the aggregate of five hundred million dollars ($500,000,000), in
the manner provided in this chapter. That debt or debts, liability
or liabilities, shall be created for the purpose of providing the
fund to be used for the object and work specified in Section 7306.




7305. The committee may determine whether or not it is necessary or
desirable to issue any bonds authorized under this chapter, and if
so, the amount of bonds then to be issued and sold. The committee
may authorize the Treasurer to sell all or any part of the bonds
herein authorized at such time or times as may be fixed by the
Treasurer.



7306. The moneys in the fund shall be used for the acquisition,
construction, renovation, remodeling, and deferred maintenance of
state youth and adult corrections facilities.



7307. (a) All bonds herein authorized, which shall have been duly
sold and delivered as herein provided, shall constitute valid and
legally binding general obligations of the State of California, and
the full faith and credit of the State of California is hereby
pledged for the punctual payment of both principal and interest
thereon.
(b) There shall be collected annually in the same manner and at
the same time as other state revenue is collected such a sum, in
addition to the ordinary revenues of the state, as shall be required
to pay the principal and interest on those bonds, and it is hereby
made the duty of all officers charged by law with any duty in regard
to the collection of that revenue to do and perform each and every
act which shall be necessary to collect that additional sum.
(c) All money deposited in the fund which has been derived from
premium and accrued interest on bonds sold shall be available for
transfer to the General Fund as a credit to expenditures for bond
interest.
(d) All money deposited in the fund pursuant to any provision of
law requiring repayments to the state which are financed by the
proceeds of the bonds authorized by this chapter shall be available
for transfer to the General Fund. When transferred to the General
Fund that money shall be applied as a reimbursement to the General
Fund on account of principal and interest on the bonds which has been
paid from the General Fund.



7308. There is hereby appropriated from the General Fund in the
State Treasury for the purpose of this chapter such an amount as will
equal the following:
(a) That sum annually as will be necessary to pay the principal of
and the interest on the bonds issued and sold pursuant to the
provisions of this chapter.
(b) That sum as is necessary to carry out the provisions of
Section 7309, which sum is appropriated without regard to fiscal
years.


7309. For the purpose of carrying out the provisions of this
chapter, the Director of Finance may by executive order authorize the
withdrawal from the General Fund of an amount or amounts not to
exceed the amount of the unsold bonds which the committee has by
resolution authorized to be sold for the purpose of carrying out this
chapter. Any amounts withdrawn shall be deposited in the fund and
shall be disbursed by the committee in accordance with this chapter.
Any money made available under this section to the board shall be
returned by the board to the General Fund from moneys received from
the sale of bonds sold for the purpose of carrying out this chapter.
Those withdrawals from the General Fund shall be returned to the
General Fund with interest at the rate which would otherwise have
been earned by those sums in the Pooled Money Investment Fund.



7309.5. Notwithstanding any other provision of this bond act, or of
the State General Obligation Bond Law (Chapter 4 (commencing with
Section 16720) of Part 3 of Division 4 of Title 2 of the Government
Code), if the Treasurer sells bonds pursuant to this bond act that
include a bond counsel opinion to the effect that the interest on the
bonds is excluded from gross income for federal tax purposes under
designated conditions, the Treasurer may maintain separate accounts
for the bond proceeds invested and the investment earnings on those
proceeds, and may use or direct the use of those proceeds or earnings
to pay any rebate, penalty, or other payment required under federal
law, or take any other action with respect to the investment and use
of those bond proceeds, as may be required or desirable under federal
law in order to maintain the tax-exempt status of those bonds and to
obtain any other advantage under federal law on behalf of the funds
of this state.



7310. All proceeds from the sale of bonds, except those derived
from premiums and accrued interest, shall be available for the
purpose provided in Section 7306 but shall not be available for
transfer to the General Fund to pay principal and interest on bonds.
The money in the fund may be expended only as herein provided.




7311. Money in the fund may only be expended pursuant to
appropriations by the Legislature.
NEW PRISON CONSTRUCTION BOND ACT OF 1988


7400. This chapter shall be known and may be cited as the New
Prison Construction Bond Act of 1988.



7401. The State General Obligation Bond Law is adopted for the
purpose of the issuance, sale and repayment of, and otherwise
providing with respect to, the bonds authorized to be issued by this
chapter, and the provisions of that law are included in this chapter
as though set out in full in this chapter except that,
notwithstanding anything in the State General Obligation Bond Law,
the maximum maturity of the bonds shall not exceed 20 years from the
date of each respective series. The maturity of each respective
series shall be calculated from the date of that series.




7402. There is in the State Treasury the 1988 Prison Construction
Fund, which fund is hereby created. The proceeds of the sale of
bonds authorized by this act shall be deposited in the fund, and may
be transferred upon request of the Department of Corrections and upon
approval of the Director of Finance, to the New Prison Construction
Fund established by Section 7102, the 1984 Prison Construction Fund
established by Section 7202, or the 1986 Prison Construction Fund
established by Section 7302, or any combination thereof. If the
moneys are so transferred, "fund" means the New Prison Construction
Fund, 1984 Prison Construction Fund, or 1986 Prison Construction
Fund, or any combination thereof, as is appropriate. At least 30
days prior to requesting a transfer as authorized by this section,
the Department of Corrections shall notify the chairpersons of the
fiscal committees in each house of the Legislature, and the
Chairperson and the Vice Chairperson of the Joint Legislative Budget
Committee.


7403. The 1988 Prison Construction Committee is hereby created.
The committee shall consist of the Controller, the Treasurer, and the
Director of Finance. That committee shall be the "committee," as
that term is used in the State General Obligation Bond Law.
The Department of Corrections is the "board" for the purpose of
the State General Obligation Bond Law and this chapter.



7404. The committee is hereby authorized and empowered to create a
debt or debts, liability or liabilities, of the State of California,
in the aggregate principal amount of eight hundred seventeen million
dollars ($817,000,000), exclusive of refunding bonds, in the manner
provided in this chapter. That debt or debts, liability or
liabilities, shall be created for the purpose of providing the fund
to be used for the object and work specified in Section 7406.



7405. The committee may determine whether or not it is necessary or
desirable to issue any bonds authorized under this chapter, and if
so, the amount of bonds then to be issued and sold. The committee
may authorize the Treasurer to sell all or any part of the bonds
herein authorized at such time or times as may be fixed by the
Treasurer.



7406. (a) Except as provided in subdivision (b), the moneys in the
fund shall be used for the acquisition, construction, renovation,
remodeling, and deferred maintenance of state youth and adult
correctional facilities.
(b) Of the moneys in the fund, forty million dollars ($40,000,000)
is hereby appropriated to the Board of Corrections to fund those
projects entitled to be funded under subdivision (c) of Section 3 of
Chapter 444 of the Statutes of 1984, as amended, to the extent that
those projects have not received full funding and for any costs
associated with the sale of bonds and any administrative costs
incurred by the Board of Corrections in the administration of the
County Jail Capital Expenditure Bond Acts of 1981 and 1984 and the
County Correctional Facility Capital Expenditure Bond Act of 1986.
(c) Notwithstanding subdivision (b) of Section 11 of Chapter 1519
of the Statutes of 1986 or any other provision of law to the
contrary, and subject to the annual Budget Act appropriations by the
Legislature, administrative costs shall not exceed 11/2 percent of
the amount allocated for any costs incurred by the Board of
Corrections in the administration of the County Jail Capital
Expenditure Bond Acts of 1981 and 1984 and the County Correctional
Facility Capital Expenditure Bond Act of 1986.



7407. (a) All bonds herein authorized, which shall have been duly
sold and delivered as herein provided, shall constitute valid and
legally binding general obligations of the State of California, and
the full faith and credit of the State of California is hereby
pledged for the punctual payment of both the principal thereof and
interest thereon.
(b) There shall be collected annually in the same manner and at
the same time as other state revenue is collected such a sum, in
addition to the ordinary revenues of the state, as shall be required
to pay the principal of and interest on those bonds, and it is
hereby made the duty of all officers charged by law with any duty in
regard to the collection of that revenue to do and perform each and
every act which shall be necessary to collect that additional sum.
(c) All money deposited in the fund which has been derived from
premiums or accrued interest on bonds sold shall be available for
transfer to the General Fund as a credit to expenditures for bond
interest.
(d) All money deposited in the fund pursuant to any provision of
law requiring repayments to the state which are financed by the
proceeds of the bonds authorized by this chapter shall be available
for transfer to the General Fund. When transferred to the General
Fund that money shall be applied as a reimbursement to the General
Fund on account of the principal of and interest on the bonds which
has been paid from the General Fund.



7408. Notwithstanding Section 13340 of the Government Code, there
is hereby appropriated from the General Fund in the State Treasury
for the purpose of this chapter such an amount as will equal the
following:
(a) That sum annually as will be necessary to pay the principal of
and the interest on the bonds issued and sold pursuant to this
chapter.
(b) That sum as is necessary to carry out the provisions of
Section 7409, which sum is appropriated without regard to fiscal
years.



7409. For the purpose of carrying out this chapter, the Director of
Finance may by executive order authorize the withdrawal from the
General Fund of an amount or amounts not to exceed the amount of the
unsold bonds which the committee has by resolution authorized to be
sold for the purpose of carrying out this chapter. Any amounts
withdrawn shall be deposited in the fund and shall be disbursed by
the committee in accordance with this chapter. Any money made
available under this section to the board shall be returned by the
board to the General Fund from moneys received from the sale of bonds
sold for the purpose of carrying out this chapter. Those
withdrawals from the General Fund shall be returned to the General
Fund with interest at the rate which would otherwise have been earned
by those sums in the Pooled Money Investment Account.



7409.5. Notwithstanding any other provision of this bond act, or of
the State General Obligation Bond Law (Chapter 4 (commencing with
Section 16720) of Part 3 of Division 4 of Title 2 of the Government
Code), if the Treasurer sells bonds pursuant to this bond act that
include a bond counsel opinion to the effect that the interest on the
bonds is excluded from gross income for federal tax purposes under
designated conditions, the Treasurer may maintain separate accounts
for the bond proceeds invested and the investment earnings on those
proceeds, and may use or direct the use of those proceeds or earnings
to pay any rebate, penalty, or other payment required under federal
law, or take any other action with respect to the investment and use
of those bond proceeds, as may be required or desirable under federal
law in order to maintain the tax-exempt status of those bonds and to
obtain any other advantage under federal law on behalf of the funds
of this state.



7410. The board may request the Pooled Money Investment Board to
make a loan from the Pooled Money Investment Account, in accordance
with Section 16312 of the Government Code, for the purposes of
carrying out the provisions of this chapter. The amount of the
request shall not exceed the amount of the unsold bonds which the
committee has by resolution authorized to be sold for the purpose of
carrying out this chapter. The board shall execute any documents
required by the Pooled Money Investment Board to obtain and repay the
loan. Any amounts loaned shall be deposited in the fund to be
allocated by the board in accordance with this chapter.




7411. Any bonds issued and sold pursuant to this chapter may be
refunded by the issuance of refunding bonds in accordance with
Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of
Division 2 of Title 2 of the Government Code. Approval by the
electors of the state for the issuance of bonds shall include the
approval of the issuance of any bonds issued to refund any bonds
originally issued or any previously issued refunding bonds.



7412. All proceeds from the sale of bonds, except those derived
from premiums and accrued interest, shall be available for the
purpose provided in Section 7406 but shall not be available for
transfer to the General Fund to pay the principal of and interest on
bonds. The money in the fund may be expended only as herein
provided.



7413. Money in the fund may only be expended pursuant to
appropriations by the Legislature.



7414. The Legislature hereby finds and declares that, inasmuch as
the proceeds from the sale of bonds authorized by this chapter are
not "proceeds of taxes" as that term is used in Article XIIIB of the
California Constitution, the disbursement of these proceeds is not
subject to the limitations imposed by that article.
NEW PRISON CONSTRUCTION BOND ACT OF 1990


7420. This chapter shall be known and may be cited as the New
Prison Construction Bond Act of 1990.



7421. The State General Obligation Bond Law is adopted for the
purpose of the issuance, sale and repayment of, and otherwise
providing with respect to, the bonds authorized to be issued by this
chapter, and the provisions of that law are included in this chapter
as though set out in full in this chapter except that,
notwithstanding anything in the State General Obligation Bond Law,
the maximum maturity of the bonds shall not exceed 20 years from the
date of each respective series. The maturity of each respective
series shall be calculated from the date of that series.




7422. There is in the State Treasury the 1990 Prison Construction
Fund, which fund is hereby created. The proceeds of the sale of
bonds authorized by this chapter shall be deposited in the fund.
Upon request of the Department of Corrections and upon approval of
the Director of Finance, appropriations or augmentations to
appropriations made from the 1984 Prison Construction Fund
established by Section 7202, the 1986 Prison Construction Fund
established by Section 7302, or the 1988 Prison Construction Fund
established by Section 7402, or any combination thereof, may be
funded from the 1990 Prison Construction Fund. If the moneys are so
funded, "fund" means the 1984 Prison Construction Fund, the 1986
Prison Construction Fund, or the 1988 Prison Construction Fund, or
any combination thereof, as is appropriate. At least 30 days prior
to requesting funding for appropriations or augmentations to
appropriations for other bond acts as authorized by this section, the
Department of Corrections shall notify the chairpersons of the
fiscal committees in each house of the Legislature, and the
chairperson and the vice chairperson of the Joint Legislative Budget
Committee.


7423. The 1990 Prison Construction Committee is hereby created.
The committee shall consist of the Controller, the Treasurer, and the
Director of Finance, or their designated representatives. A
majority may act for the committee. The Treasurer shall chair the
committee. That committee shall be the "committee," as that term is
used in the State General Obligation Bond Law.
When funds are appropriated to the Department of Corrections, the
Department of Corrections is the "board" for the purpose of the State
General Obligation Bond Law and this chapter. When funds are
appropriated to the Department of Youth Authority, the Department of
Youth Authority is the "board" for the purpose of the State General
Obligation Bond Law and this chapter.



7424. The committee is hereby authorized and empowered to create a
debt or debts, liability or liabilities, of the State of California,
in the aggregate principal amount of four hundred fifty million
dollars ($450,000,000), exclusive of refunding bonds, in the manner
provided in this chapter. That debt or debts, liability or
liabilities, shall be created for the purpose of providing the fund
to be used for the object and work specified in Section 7426.



7425. The committee may determine whether or not it is necessary or
desirable to issue any bonds authorized under this chapter, and if
so, the amount of bonds then to be issued and sold. The committee
may authorize the Treasurer to sell all or any part of the bonds
herein authorized at such time or times as may be fixed by the
Treasurer.



7426. The moneys in the fund shall be used for the acquisition,
construction, renovation, remodeling, and deferred maintenance of
state youth and adult correctional facilities.



7426.5. Moneys deposited in the fund may also be used for the
refinancing of interim debt incurred for any of the purposes
specified in Section 7426.


7427. (a) All bonds herein authorized, which shall have been duly
sold and delivered as herein provided, shall constitute valid and
legally binding general obligations of the State of California, and
the full faith and credit of the State of California is hereby
pledged for the punctual payment of both the principal thereof and
interest thereon.
(b) There shall be collected annually in the same manner and at
the same time as other state revenue is collected that sum, in
addition to the ordinary revenues of the state, that is required to
pay the principal of and interest on those bonds, and it is hereby
made the duty of all officers charged by law with any duty in regard
to the collection of that revenue to do and perform each and every
act which shall be necessary to collect that additional sum.
(c) All money deposited in the fund that has been derived from
premiums or accrued interest on bonds sold shall be available for
transfer to the General Fund as a credit to expenditures for bond
interest.
(d) All money deposited in the fund pursuant to any provision of
law requiring repayments to the state that is financed by the
proceeds of the bonds authorized by this chapter shall be available
for transfer to the General Fund. When transferred to the General
Fund that money shall be applied as a reimbursement to the General
Fund on account of the principal of and interest on the bonds which
have been paid from the General Fund.



7428. Notwithstanding Section 13340 of the Government Code, there
is hereby appropriated from the General Fund in the State Treasury
for the purpose of this chapter such an amount as will equal the
following:
(a) That sum annually as will be necessary to pay the principal of
and the interest on the bonds issued and sold pursuant to this
chapter.
(b) That sum as is necessary to carry out the provisions of
Section 7429, which sum is appropriated without regard to fiscal
years.



7429. For the purpose of carrying out this chapter, the Director of
Finance may by executive order authorize the withdrawal from the
General Fund of an amount or amounts not to exceed the amount of the
unsold bonds which the committee has by resolution authorized to be
sold for the purpose of carrying out this chapter. Any amounts
withdrawn shall be deposited in the fund and shall be disbursed by
the committee in accordance with this chapter. Any money made
available under this section to the board shall be returned by the
board to the General Fund from moneys received from the sale of bonds
sold for the purpose of carrying out this chapter. Those
withdrawals from the General Fund shall be returned to the General
Fund with interest at the rate which would otherwise have been earned
by those sums in the Pooled Money Investment Account.



7430. The board may request the Pooled Money Investment Board to
make a loan from the Pooled Money Investment Account, in accordance
with Section 16312 of the Government Code, for the purposes of
carrying out the provisions of this chapter. The amount of the
request shall not exceed the amount of the unsold bonds which the
committee has by resolution authorized to be sold for the purpose of
carrying out this chapter. The board shall execute any documents
required by the Pooled Money Investment Board to obtain and repay the
loan. Any amounts loaned shall be deposited in the fund to be
allocated by the board in accordance with this chapter.




7431. Any bonds issued and sold pursuant to this chapter may be
refunded by the issuance of refunding bonds in accordance with
Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of
Division 2 of Title 2 of the Government Code. Approval by the
electors of the state for the issuance of bonds shall include the
approval of the issuance of any bonds issued to refund any bonds
originally issued or any previously issued refunding bonds.



7432. All proceeds from the sale of bonds, except those derived
from premiums and accrued interest, shall be available for the
purpose provided in Section 7426 but shall not be available for
transfer to the General Fund to pay the principal of and interest on
bonds. The money in the fund may be expended only as herein
provided.
Notwithstanding any provision of this chapter or the State General
Obligation Bond Law set forth in Chapter 4 (commencing with Section
16720) of Part 3 of Division 4 of Title 2 of the Government Code, if
the Treasurer sells bonds pursuant to this chapter the interest on
which is intended to be excluded from gross income from federal tax
purposes, the Treasurer is authorized to maintain separate accounts
for the investment of bond proceeds and the investment earnings on
the proceeds, and the Treasurer is authorized to use or direct the
use of the proceeds or earnings to pay any rebate, penalty, or other
payment required under federal law, or to take any other action with
respect to the investment and use of bond proceeds required or
desirable under federal law so as to maintain the tax-exempt status
of those bonds and to obtain any other advantage under federal law on
behalf of the funds of this state.



7433. Money in the fund may only be expended pursuant to
appropriations by the Legislature.



7434. The Legislature hereby finds and declares that, inasmuch as
the proceeds from the sale of bonds authorized by this chapter are
not "proceeds of taxes" as that term is used in Article XIIIB of the
California Constitution, the disbursement of these proceeds is not
subject to the limitations imposed by that article.
CHILDREN OF INCARCERATED PARENTS



7440. The California Research Bureau in the California State
Library shall conduct a study of the children of women who are
incarcerated in state prisons. The California Research Bureau shall
design and complete the study, surveying selected state prisoners in
cooperation with the Department of Corrections, and reviewing the
records of local agencies to obtain outcome information about a
sample of women prisoners' children.



7441. The purpose of the survey of state prisoners is to determine
how many have children and to gather basic information about the
children to include the following variables, among others:
(a) Number.
(b) Age.
(c) Siblings.
(d) Location.
(e) Caregiver.
(f) Grade and performance in school.
(g) Medical issues.
(h) Possible delinquency.
(i) Visitation.
(j) Possible involvement in the child welfare system.
(k) Other pertinent information.



7442. (a) The purpose of the review of local agency records, in a
representative sample of California counties, is to obtain outcome
information about the status of a sample of the children of
incarcerated parents and their caregivers.
(b) Women prisoners who participate in the survey sample of state
prisoners shall provide written permission allowing the California
Research Bureau access to their children's records in regard to
school performance, identity of the caretaker responsible for the
child, child protective services records, public assistance records,
juvenile justice records, and medical records including drug or
alcohol use, and mental health. The California Research Bureau shall
follow appropriate procedures to ensure confidentiality of the
records and to protect the privacy of the survey participants and
their children.
(c) County agencies, including members of multidisciplinary teams,
and school districts shall permit the California Research Bureau to
have reasonable access to records, pursuant to subdivision (b), to
the extent permitted by federal law.
(d) Notwithstanding Section 10850 of the Welfare and Institutions
Code, the survey required by this section is deemed to meet the
research criteria identified in paragraph (3) of subdivision (c) of
Section 11977 of the Health and Safety Code, and subdivision (e) of
Section 5328 of the Welfare and Institutions Code. For purposes of
this study, the research is deemed not to be harmful for the at-risk
and vulnerable population of children of women prisoners.
(e) For purposes of the study only, the California Research Bureau
is authorized to survey records, reports, and documents described in
Section 827 and in paragraph (3) of subdivision (h) of Section
18986.4 of the Welfare and Institutions Code, and information
relative to the incidence of child abuse, as provided by Section
11167, among children in the study sample.
(f) School districts shall permit reasonable access to directory
information by the California Research Bureau for purposes of this
study. The California Research Bureau is deemed an appropriate
organization to conduct studies for legitimate educational interests,
including improving instruction, for purposes of paragraph (4) of
subdivision (b) of Section 4906 of the Education Code. School
variables that the California Research Bureau shall survey shall
include, but not be limited to, attendance patterns, truancy rates,
achievement level, suspension and expulsion rates, and special
education referrals.


7443. The California Research Bureau shall follow appropriate
procedures to ensure confidentiality of the records and to protect
the privacy of the survey participants and their children, and
participating agencies. Data compiled from case files shall be coded
under an assigned number and not identified by name. Survey
questionnaires and coding forms shall be exempt from the public
disclosure requirements prescribed by Chapter 3.4 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code.



7444. The California Research Bureau shall convene an advisory
group to assist in designing and administering the study.



7445. The California Research Bureau shall submit a report to the
Legislature on or before January 1, 2003, analyzing the findings of
its research, upon completion of the study.
(a) Of the funds identified in provision (2) of Item 6120-011-0001
of the 2000-01 State Budget, forty thousand dollars ($40,000) shall
be made available, in consultation with the Assembly Rules Committee,
to be used for the purposes of this act, including, but not limited
to, contracts for outside researchers.
(b) Members of the advisory group convened pursuant to Section
7444 of the Penal Code, shall not receive compensation for their
services but shall be reimbursed for travel and per diem expenses
incurred while assisting in designing and administering the study
required by this act. These expenses may be paid from the forty
thousand dollars ($40,000) made available in subdivision (a).
MEDICAL TESTING OF PRISONERS
GENERAL PROVISIONS


7500. The Legislature finds and declares all of the following:
(a) The public peace, health, and safety is endangered by the
spread of the human immunodeficiency virus (HIV), acquired
immunodeficiency syndrome (AIDS), and hepatitis B and C within state
and local correctional institutions.
(b) The spread of AIDS and hepatitis B and C within prison and
jail populations presents a grave danger to inmates within those
populations, law enforcement personnel, and other persons in contact
with a prisoner infected with the HIV virus as well as hepatitis B
and C, both during and after the prisoner's confinement. Law
enforcement personnel and prisoners are particularly vulnerable to
this danger, due to the high number of assaults, violent acts, and
transmissions of bodily fluids that occur within correctional
institutions.
(c) HIV, as well as hepatitis B and C, have the potential of
spreading more rapidly within the closed society of correctional
institutions than outside these institutions. These major public
health problems are compounded by the further potential of the rapid
spread of communicable disease outside correctional institutions
through contacts of an infected prisoner who is not treated and
monitored upon his or her release, or by law enforcement employees
who are unknowingly infected.
(d) New diseases of epidemic proportions such as AIDS may suddenly
and tragically infect large numbers of people. This title primarily
addresses a current problem of this nature, the spread of HIV, as
well as hepatitis B and C, among those in correctional institutions
and among the people of California.
(e) HIV, AIDS, and hepatitis B and C pose a major threat to the
public health and safety of those governmental employees and others
whose responsibilities bring them into direct contact with persons
afflicted with those illnesses, and the protection of the health and
safety of these personnel is of equal importance to the people of the
State of California as the protection of the health of those
afflicted with the diseases who are held in custodial situations.
(f) Testing described in this title of individuals housed within
state and local correctional facilities for evidence of infection by
HIV and hepatitis B and C would help to provide a level of
information necessary for effective disease control within these
institutions and would help to preserve the health of public
employees, inmates, and persons in custody, as well as that of the
public at large. This testing is not intended to be, and shall not be
construed as, a prototypical method of disease control for the
public at large.



7501. In order to address the public health crisis described in
Section 7500, it is the intent of the Legislature to do all of the
following:
(a) Establish a procedure through which custodial and law
enforcement personnel are required to report certain situations and
may request and be granted a confidential test for HIV or for
hepatitis B or C of an inmate convicted of a crime, or a person
arrested or taken into custody, if the custodial or law enforcement
officer has reason to believe that he or she has come into contact
with the blood or semen of an inmate or in any other manner has come
into contact with the inmate in a way that could result in HIV
infection, or the transmission of hepatitis B or C, based on the
latest determinations and conclusions by the federal Centers for
Disease Control and Prevention and the State Department of Public
Health on means for the transmission of AIDS or hepatitis B and C,
and if appropriate medical authorities, as provided in this title,
reasonably believe there is good medical reason for the test.
(b) Permit inmates to file similar requests stemming from contacts
with other inmates.
(c) Require that probation and parole officers be notified when an
inmate being released from incarceration is infected with AIDS or
hepatitis B or C, and permit these officers to notify certain persons
who will come into contact with the parolee or probationer, if
authorized by law.
(d) Authorize prison medical staff authorities to require tests of
a jail or prison inmate under certain circumstances, if they
reasonably believe, based upon the existence of supporting evidence,
that the inmate may be suffering from HIV infection or AIDS or
hepatitis B or C and is a danger to other inmates or staff.
(e) Require supervisory and medical personnel of correctional
institutions to which this title applies to notify staff if they are
coming into close and direct contact with persons in custody who have
tested positive or who have AIDS or hepatitis B or C, and provide
appropriate counseling and safety equipment.




7502. As used in this title, the following terms shall have the
following meanings:
(a) "Correctional institution" means any state prison, county
jail, city jail, Division of Juvenile Justice facility, county- or
city-operated juvenile facility, including juvenile halls, camps, or
schools, or any other state or local correctional institution,
including a court facility.
(b) "Counseling" means counseling by a licensed physician and
surgeon, registered nurse, or other health professional who meets
guidelines which shall be established by the State Department of
Public Health for purposes of providing counseling on AIDS and
hepatitis B and C to inmates, persons in custody, and other persons
pursuant to this title.
(c) "Law enforcement employee" means correctional officers, peace
officers, and other staff of a correctional institution, California
Highway Patrol officers, county sheriff's deputies, city police
officers, parole officers, probation officers, and city, county, or
state employees including but not limited to, judges, bailiffs, court
personnel, prosecutors and staff, and public defenders and staff,
who, as part of the judicial process involving an inmate of a
correctional institution, or a person charged with a crime, including
a minor charged with an offense for which he or she may be made a
ward of the court under Section 602 of the Welfare and Institutions
Code, are engaged in the custody, transportation, prosecution,
representation, or care of these persons.
(d) "AIDS" means acquired immune deficiency syndrome.
(e) "Human immunodeficiency virus" or "HIV" means the etiologic
virus of AIDS.
(f) "HIV test" or "HIV testing" means any clinical laboratory test
approved by the federal Food and Drug Administration for HIV,
component of HIV, or antibodies to HIV.
(g) "Inmate" means any of the following:
(1) A person in a state prison, or city and county jail, who has
been either convicted of a crime or arrested or taken into custody,
whether or not he or she has been charged with a crime.
(2) Any person in a Division of Juvenile Justice facility, or
county- or city-operated juvenile facility, who has committed an act,
or been charged with committing an act specified in Section 602 of
the Welfare and Institutions Code.
(h) "Bodily fluids" means blood, semen, or any other bodily fluid
identified by either the federal Centers for Disease Control and
Prevention or State Department of Public Health in appropriate
regulations as capable of transmitting HIV or hepatitis B or C.
(i) "Minor" means a person under 15 years of age.



7503. The Department of Corrections, the Department of the Youth
Authority, and county health officers shall adopt guidelines
permitting a chief medical officer to delegate his or her medical
responsibilities under this title to other qualified physicians and
surgeons, and his or her nonmedical responsibilities to other
qualified persons, as appropriate. The chief medical officer shall
not, however, delegate the duty to determine whether mandatory
testing is required as provided for in Chapter 2 (commencing with
Section 7510) except to another qualified physician designated to act
as chief medical officer in the chief medical officer's absence.




7504. Actions taken pursuant to this title shall not be subject to
subdivisions (a) to (c), inclusive, of Section 120980 of the Health
and Safety Code. In addition, the requirements of subdivision (a) of
Section 120990 of the Health and Safety Code, shall not apply to
testing performed pursuant to this title.


7505. This title is intended to provide the authority for state and
local correctional, custodial, and law enforcement agencies to
perform medical testing of inmates and prisoners for the purposes
specified herein. However, notwithstanding any other provision of
this title, this title shall serve as authority for the HIV testing
of prisoners in only those local facilities where the governing body
has adopted a resolution affirming that it shall be operative in that
city, county, or city and county. Testing within state correctional
facilities under the jurisdiction of the Department of Corrections
and state juvenile facilities under the jurisdiction of the
Department of the Youth Authority shall not be affected by this
requirement.

[هيثم الفقى]

PROCEDURES FOR REQUIRING HIV TESTING


7510. (a) A law enforcement employee who believes that he or she
came into contact with bodily fluids of either an inmate of a
correctional institution, a person not in a correctional institution
who has been arrested or taken into custody whether or not the person
has been charged with a crime, including a person detained for or
charged with an offense for which he or she may be made a ward of the
court under Section 602 of the Welfare and Institutions Code, a
person charged with any crime, whether or not the person is in
custody, or a person on probation or parole due to conviction of a
crime, shall report the incident through the completion of a form
provided by the State Department of Public Health. The form shall be
directed to the chief medical officer, as defined in subdivision
(c), who serves the applicable law enforcement employee. Utilizing
this form the law enforcement employee may request a test for HIV or
hepatitis B or C of the person who is the subject of the report. The
forms may be combined with regular incident reports or other forms
used by the correctional institution or law enforcement agency,
however the processing of a form by the chief medical officer
containing a request for HIV or hepatitis B or C testing of the
subject person shall not be delayed by the processing of other
reports or forms.
(b) The report required by subdivision (a) shall be submitted by
the end of the law enforcement employee's shift during which the
incident occurred, or if not practicable, as soon as possible, but no
longer than two days after the incident, except that the chief
medical officer may waive this filing period requirement if he or she
finds that good cause exists. The report shall include names of
witnesses to the incident, names of persons involved in the incident,
and if feasible, any written statements from these parties. The law
enforcement employee shall assist in the investigation of the
incident, as requested by the chief medical officer.
(c) For purposes of this section, Section 7502, and Section 7511,
"chief medical officer" means:
(1) In the case of a report filed by a staff member of a state
prison, the chief medical officer of that facility.
(2) In the case of a parole officer filing a report, the chief
medical officer of the nearest state prison.
(3) In the case of a report filed by an employee of the Division
of Juvenile Justice, the chief medical officer of the facility.
(4) In the case of a report filed against a subject who is an
inmate of a city or county jail or a county- or city-operated
juvenile facility, or a court facility, or who has been arrested or
taken into custody whether or not the person has been charged with a
crime, but who is not in a correctional facility, including a person
detained for, or charged with, an offense for which he or she may be
made a ward of the court under Section 602 of the Welfare and
Institutions Code, or a person charged with a crime, whether or not
the person is in custody, the county health officer of the county in
which the individual is jailed or charged with the crime.
(5) In the case of a report filed by a probation officer, a
prosecutor or staff person, a public defender attorney or staff
person, the county health officer of the county in which the
probation officer, prosecutor or staff person, a public defender
attorney or staff person, is employed.
(6) In any instance where the chief medical officer, as determined
pursuant to this subdivision, is not a physician and surgeon, the
chief medical officer shall designate a physician and surgeon to
perform his or her duties under this title.



7511. (a) The chief medical officer shall, regardless of whether a
report filed pursuant to Section 7510 contains a request for HIV or
hepatitis B or C testing, decide whether or not to require HIV or
hepatitis B or C testing of the inmate or other person who is the
subject of the report filed pursuant to Section 7510, within 24 hours
of receipt of the report. If the chief medical officer decides to
require HIV or hepatitis B or C testing, he or she shall specify in
his or her decision the circumstances, if any, under which followup
testing will also be required.
(b) The chief medical officer shall order an HIV or hepatitis B or
C test only if he or she finds that, considering all of the facts
and circumstances, there is a significant risk that HIV or hepatitis
B or C was transmitted. In making this decision, the chief medical
officer shall take the following factors into consideration:
(1) Whether an exchange of bodily fluids occurred which could have
resulted in a significant risk of AIDS or hepatitis B or C
infection, based on the latest written guidelines and standards
established by the federal Centers for Disease Control and Prevention
and the State Department of Health Services.
(2) Whether the person exhibits medical conditions or clinical
findings consistent with HIV or hepatitis B or C infection.
(3) Whether the health of the institution staff or inmates may
have been endangered as to HIV or hepatitis B or C infection
resulting from the reported incident.
(c) Prior to reaching a decision, the chief medical officer may if
needed receive written or oral testimony from the law enforcement
employee filing the report, from the subject of the report, and from
witnesses to the incident, as he or she deems necessary for a
complete investigation. The decision shall be in writing and shall
state the reasons for the decision. A copy shall be provided by the
chief medical officer to the law enforcement employee who filed the
report and to the subject of the report, and where the subject is a
minor, to the parents or guardian of the minor, unless the parent or
guardian of the minor cannot be located.




7512. (a) An inmate of a correctional institution may request
testing for HIV or hepatitis B or C of another inmate of that
institution if he or she has reason to believe that he or she has
come into contact with the bodily fluids of that inmate, in
situations, which may include, but are not limited to, rape or ***ual
contact with a potentially infected inmate, tattoo- or drug-needle
sharing, an incident involving injury in which bodily fluids are
exchanged, or confinement with a cellmate under circumstances
involving possible mingling of bodily fluids. A request may be filed
under this section only within two calendar days of the date when the
incident causing the request occurred, except that the chief medical
officer may waive this filing period requirement when he or she
finds that good cause exists.
(b) An inmate in a Division of Juvenile Justice facility or any
county- or city-operated juvenile facility who is 15 years of age or
older may file a request for a test of another inmate in that
facility, in the same manner as an inmate in a state prison, and is
subject to the same procedures and rights. An inmate in a Division of
Juvenile Justice facility or a county- or city-operated juvenile
facility who is a minor may file a request for testing through a
staff member of the facility in which he or she is confined. A staff
member may file this request on behalf of a minor on his or her own
volition if he or she believes that a situation meeting the criteria
specified in subdivision (a) has occurred warranting the request. The
filing of a request by staff on behalf of an inmate of a Division of
Juvenile Justice facility or a local juvenile facility shall be
within two calendar days of its discovery by staff, except that the
chief medical officer may waive this filing period requirement if he
or she finds that good cause exists.
When a request is filed on behalf of a minor, the facility shall
notify the parent or guardian of the minor of the request and seek
permission from the parent or guardian for the test request to
proceed. If the parent or guardian refuses to grant permission for
the test, the Director of the Division of Juvenile Facilities may
request the juvenile court in the county in which the facility is
located, to rule on whether the test request procedure set forth in
this title shall continue. The juvenile court shall make a ruling
within five days of the case being brought before the court.
If the parent or guardian cannot be located, the superintendent of
the facility shall approve or disapprove the request for a test.
(c) Upon receipt of a request for testing as provided in this
section, a law enforcement employee shall submit the request to the
chief medical officer, the identity of which shall be determined as
if the request had been made by an employee of the facility. The
chief medical officer shall follow the procedures set forth in
Section 7511 with respect to investigating the request and reaching a
decision as to mandatory testing of the inmate who is the subject of
the request. The inmate submitting the request shall provide names
or testimony of witnesses within the limits of his or her ability to
do so. The chief medical officer shall make his or her decision based
on the criteria set forth in Section 7511. A copy of the chief
medical officer's decision shall be provided to the person submitting
the request for HIV or hepatitis B or C testing, to the subject of
the request, and to the superintendent of the correctional
institution. In the case of a minor, a copy of the decision shall be
provided to the parents or guardian of the minor, unless the parent
or guardian of the minor cannot be located.



7512.5. In the absence of the filing of a report pursuant to
Section 7510 or a request pursuant to Section 7512, the chief medical
officer may order a test of an inmate if he or she concludes there
are clinical symptoms of HIV infection, AIDS, or hepatitis B or C, as
recognized by the federal Centers for Disease Control and Prevention
or the State Department of Health Services.
A copy of the decision shall be provided to the inmate, and where
the inmate is a minor, to the parents or guardian of the minor,
unless the parent or guardian of the minor cannot be located. Any
decision made pursuant to this section shall not be appealable to a
three-member panel provided for under Section 7515.



7513. An inmate who is the subject of an HIV or hepatitis B or C
test report filed pursuant to Section 7510 or an HIV or hepatitis B
or C test report filed pursuant to Section 7512 shall receive, in
conjunction with the decision of the chief medical officer to order a
test, a copy of this title, a written description of the right to
appeal the chief medical officer's decision which includes the
applicable timelines, and notification of his or her right to receive
pretest and posttest HIV counseling by staff that have been
certified as HIV test counselors or to receive hepatitis B or C test
results and counseling from a licensed medical professional.




7514. (a) It shall be the chief medical officer's responsibility to
see that personal counseling is provided to a law enforcement
employee filing a report pursuant to Section 7510, an inmate filing a
request pursuant to Section 7512, and any potential test subject, at
the time the initial report or request for tests is made, at the
time when tests are ordered, and at the time when test results are
provided to the employee, inmate, or test subject.
(b) The chief medical officer may provide additional counseling to
any of these individuals, upon his or her request, or whenever the
chief medical officer deems advisable, and may arrange for the
counseling to be provided in other jurisdictions. The chief medical
officer shall encourage the subject of the report or request, the law
enforcement employee who filed the report, the person who filed the
request pursuant to Section 7512, or in the case of a minor, the
minor on whose behalf the request was filed, to undergo voluntary HIV
or hepatitis B or C testing if the chief medical officer deems it
medically advisable. All testing required by this title or any
voluntary testing resulting from the provisions of this title, shall
be at the expense of the appropriate correctional institution.



7515. (a) A decision of the chief medical officer made pursuant to
Section 7511, 7512, or 7516 may be appealed, within three calendar
days of receipt of the decision, to a three-person panel, either by
the person required to be tested, his or her parent or guardian when
the subject is a minor, the law enforcement employee filing a report
pursuant to either Section 7510 or 7516, or the person requesting
testing pursuant to Section 7512, whichever is applicable, or the
chief medical officer, upon his or her own motion. If no request for
appeal is filed under this subdivision, the chief medical officer's
decision shall be final.
(b) Depending upon which entity has jurisdiction over the person
requesting or appealing a test, the Department of Corrections and
Rehabilitation, the Division of Juvenile Justice, the county, the
city, or the county and city shall convene the appeal panel and shall
ensure that the appeal is heard within seven calendar days.
(c) A panel required pursuant to subdivision (a) or (b) shall
consist of three members, as follows:
(1) The chief medical officer making the original decision.
(2) A physician and surgeon who has knowledge in the diagnosis,
treatment, and transmission of HIV or hepatitis B and C, selected by
the Department of Corrections and Rehabilitation, the Division of
Juvenile Justice, the county, the city, or the county and city. The
physician and surgeon appointed pursuant to this paragraph shall
preside at the hearing and serve as chairperson.
(3) A physician and surgeon not on the staff of, or under contract
with, a state, county, city, or county and city correctional
institution or with an employer of a law enforcement employee as
defined in subdivision (b) of Section 7502, and who has knowledge of
the diagnosis, treatment, and transmission of HIV or hepatitis B and
C. The physician and surgeon appointed pursuant to this paragraph
shall be selected by the State Department of Health Services from a
list of persons to be compiled by that department. The State
Department of Health Services shall adopt standards for selecting
persons for the list required by this paragraph, as well as for their
reimbursement, and shall, to the extent possible, utilize its normal
process for selecting consultants in compiling this list.
The Legislature finds and declares that the presence of a
physician and surgeon on the panel who is selected by the State
Department of Health Services enhances the objectivity of the panel,
and it is the intent of the Legislature that the State Department of
Health Services make every attempt to comply with this subdivision.
(d) The Department of Corrections and Rehabilitation, the county,
the city, or the county and city shall notify the Office of AIDS in
the State Department of Health Services when a panel must be convened
under subdivision (a) wherein HIV testing has been requested or the
State Department of Health Services when a test for hepatitis B or C
has been requested. Within two calendar days of the notification, a
physician and surgeon appointed under paragraph (3) of subdivision
(c) shall reach agreement with the Department of Corrections, the
county, the city, or the county and city on a date for the hearing
that complies with subdivision (b).
(e) If the Office of AIDS in the State Department of Health
Services or, in the case of a hepatitis B or C test, the State
Department of Health Services, fails to comply with subdivision (d)
or the physician and surgeon appointed under paragraph (3) of
subdivision (c) fails to attend the scheduled hearing, the Department
of Corrections and Rehabilitation, the county, the city, or the
county and city shall appoint a physician and surgeon who has
knowledge of the diagnosis, treatment, and transmission of HIV and
hepatitis B and C to serve on the appeals panel to replace the
physician and surgeon required under paragraph (3) of subdivision
(c). The Department of Corrections and Rehabilitation, the county,
the city, or the county and city shall have standards for selecting
persons under this subdivision and for their reimbursement.
The Department of Corrections and Rehabilitation, the Division of
Juvenile Justice, the county, the city, or the county and city shall,
whenever feasible, create, and utilize ongoing panels to hear
appeals under this section. The membership of the panel shall meet
the requirements of paragraphs (1), (2), and (3) of subdivision (c).

No panel shall be created pursuant to this paragraph by a county,
city, or county and city correctional institution except with the
prior approval of the local health officer.
(f) A hearing conducted pursuant to this section shall be closed,
except that each of the following persons shall have the right to
attend the hearing, speak on the issues presented at the hearing, and
call witnesses to testify at the hearing:
(1) The chief medical officer, who may also bring staff essential
to the hearing, as well as the other two members of the panel.
(2) The subject of the chief medical officer's decision, except
that a subject who is a minor may attend only with the consent of his
or her parent or guardian and, if the subject is a minor, his or her
parent or guardian.
(3) The law enforcement employee filing the report pursuant to
Section 7510, or the person requesting HIV or hepatitis B or C
testing pursuant to Section 7512, whichever is applicable and, if the
person is a minor, his or her parent or guardian.
(g) The subject of the test, or the person requesting the test
pursuant to Section 7512, or who filed the report pursuant to Section
7510, whichever is applicable, may appoint a representative to
attend the hearing in order to assist him or her.
(h) When a hearing is sought pursuant to this section, or filed by
a law enforcement employee pursuant to a request made under Section
7510, the decision shall be rendered within two days of the hearing.
A unanimous vote of the panel shall be necessary in order to require
that the subject of the hearing undergo HIV or hepatitis B or C
testing.
The criteria specified in Section 7511 for use by the chief
medical officer shall also be utilized by the panel in making its
decision.
The decision shall be in writing, stating reasons for the
decision, and shall be signed by the members. A copy shall be
provided by the chief medical officer to the person requesting the
test, or filing the report, whichever is applicable, to the subject
of the test, and, when the subject is in a correctional institution,
to the superintendent of the institution, except that, when the
subject of the test or the person upon whose behalf the request for
the test was made is a minor, copies shall also be provided to the
parent or guardian of the minor, unless the parent or guardian cannot
be located.



7516. (a) When a custodial officer or staff person of a
correctional institution, observes or is informed of activity in a
correctional institution that is classified as causing, or known to
cause, the transmission of the AIDS virus, as described in
subdivision (b), he or she may file a written report with the
facility's chief medical officer which, in the case of city or county
jails, shall be the county health officer.
(b) Reportable activities within a correctional institution for
which a report may be filed pursuant to subdivision (a) include, but
are not limited to, all of the following activities, if they could
result in the transmission of AIDS, according to the standards
provided for in this chapter:
(1) ***ual activity resulting in exchange of bodily fluids.
(2) IV drug use.
(3) Incidents involving injury to inmates or staff in which bodily
fluids are exchanged.
(4) Tampering with medical and food supplies or medical or food
equipment.
(5) Tattooing among inmates.
(c) The medical officer may investigate the report, conduct
interviews, and determine whether the situation reported caused the
probable exchange of body fluids in a manner that could result in the
transmission of HIV, utilizing the criteria set forth in Section
7511, and pose a danger to the health and safety of the institution's
staff and inmate population.
If the chief medical officer concludes this may have occurred, he
or she shall require HIV testing of any inmate which he or she deems
necessary pursuant to the investigation. Whenever an inmate is
required to undergo an HIV test pursuant to this subdivision, he or
she may appeal that decision as provided for in Section 7515.
(d) Testing under this section may only be required by a unanimous
vote of all three members of the panel. The rights guaranteed
inmates under Section 7515 shall apply.
When a hearing is convened pursuant to this section, the hearing
shall be closed, except that both the person filing the original
report and the chief medical officer as well as other panel members
may also call witnesses to testify at the hearing.
When a hearing is sought pursuant to this section, the decision
shall be rendered within 20 days of the date the hearing is sought by
the medical officer.
(e) This section shall apply to situations involving individual
inmates or group situations but shall not be utilized to require
testing of all inmates in a correctional institution.
(f) The findings of the panel shall be set forth in writing,
including reasons for the panel's decision, and shall be signed by
the members of the panel. A copy of the decision shall be provided
to the superintendent of the correctional institution, the subjects
of the report and to any inmates or officers whom the panel concludes
may have been exposed to HIV infection as established by provisions
of this title.



7516.5. Any decision by a panel pursuant to Section 7515 or 7516
may be appealed to the superior court, either by a law enforcement
employee filing a report pursuant to Section 7510, a person
requesting an HIV test pursuant to Section 7512, a medical officer
convening a panel pursuant to Section 7516, or any person required to
be tested pursuant to a panel's decision. A person required to be
tested pursuant to Section 7512.5 may also appeal the decision to the
superior court.
The court shall schedule a hearing as expeditiously as possible to
review the decision of the panel or a decision made pursuant to
Section 7512.5. The court shall uphold the decision being appealed
if that decision is based upon substantial evidence.



7516.8. It shall be the responsibility of the chief medical officer
to see that copies of the hearing decision are distributed in
accordance with requirements of this chapter.



7517. Except as otherwise permitted by this title or any provision
of law, any records, including decisions of a chief medical officer
or an appeals panel, compiled pursuant to this chapter shall be
confidential.


7518. (a) The Department of Corrections and Rehabilitation and
local health officers shall adopt guidelines for the making of
decisions pursuant to this chapter in consultation with the Office of
AIDS in the State Department of Health Services for HIV testing and
with the State Department of Health Services for hepatitis B and C
testing. The guidelines shall be based on the latest written
guidelines of HIV or hepatitis B and C transmission and infection
established by the federal Centers for Disease Control and Prevention
and the State Department of Health Services.
(b) Oversight responsibility for implementation of the applicable
provisions of this title, including the oversight of reports
involving parole officers and the staff of state adult and youth
correctional facilities shall be vested with the Chief of Medical
Services in the Department of Corrections and Rehabilitation.
Oversight responsibility at the county, the city, or the county
and city level shall rest with the local health officer.



7519. (a) When an individual, including a minor charged with an
offense for which he or she may be made a ward of the court under
Section 602 of the Welfare and Institutions Code, has either been
charged with a crime, but is not being held in a correctional
institution due to his or her release, either through the granting of
bail, a release on the individual's own recognizance, or for any
other reason, or been convicted of a crime, but not held in a
correctional institution due to the imposition of probation, a fine,
or any other alternative sentence, and the individual is required to
undergo initial or followup testing pursuant to this title, the
failure of the individual to submit to the test may be grounds for
revocation of the individual's release or probation or other
sentence, whichever is applicable.
(b) Any refusal by a parolee or probationer to submit to testing
required pursuant to this title may be ruled as a violation of the
person's parole or probation.

[هيثم الفقى]

NOTIFICATION REQUIREMENT

7520. Upon the release of an inmate from a correctional
institution, a medical representative of the institution shall notify
the inmate's parole or probation officer, where it is the case, that
the inmate has tested positive for infection with HIV, or has been
diagnosed as having AIDS or hepatitis B and C. The representative of
the correctional institution shall obtain the latest available
medical information concerning any precautions which should be taken
under the circumstances, and shall convey that information to the
parole or probation officer.
When a parole or probation officer learns from responsible medical
authorities that a parolee or probationer under his or her
jurisdiction has AIDS or has tested positive for HIV infection, or
hepatitis B or C, the parole or probation officer shall be
responsible for ensuring that the parolee or probationer contacts the
county health department in order to be, or through his or her own
physician and surgeon is, made aware of counseling and treatment for
AIDS or hepatitis B or C, as appropriate commensurate with that
available to the general population of that county.



7521. (a) When a parole or probation officer learns from
responsible medical authorities that a parolee or probationer in his
or her custody has any of the conditions listed in Section 7520, but
that the parolee or probationer has not properly informed his or her
spouse, the officer may ensure that this information is relayed to
the spouse only through either the chief medical officer of the
institution from which the person was released or the physician and
surgeon treating the spouse or the parolee or probationer. The parole
or probation officer shall seek to ensure that proper counseling
accompanies release of this information to the spouse, through the
person providing the information to the inmate's spouse.
(b) If a parole or probation officer has received information from
appropriate medical authorities that one of his or her parolees or
probationers is HIV infected or has AIDS or hepatitis B or C, and the
parolee or probationer has a record of assault on a peace officer,
and the officer seeks the aid of local law enforcement officers to
apprehend or take into custody the parolee or probationer, he or she
shall inform the officers assisting him or her in apprehending or
taking into custody the parolee or probationer, of the person's
condition, to aid them in protecting themselves from contracting AIDS
or hepatitis B or C.
(c) Local law enforcement officers receiving information pursuant
to this subdivision shall maintain confidentiality of information
received pursuant to subdivision (b). Willful use or disclosure of
this information is a misdemeanor. Parole or probation officers who
willfully or negligently disclose information about AIDS or hepatitis
B or C infection, other than as prescribed under this title or any
other provision of law, shall also be guilty of a misdemeanor.



7522. (a) Supervisory and medical personnel in correctional
institutions shall notify all law enforcement employees when those
employees have had direct contact with the bodily fluids of inmates
or persons charged or in custody who either have tested positive for
infection with HIV, or been diagnosed as having AIDS or hepatitis B
or C.
(b) Supervisory and medical personnel at correctional institutions
shall provide to employees covered by this section the latest
medical information regarding precautions to be taken under the
circumstances, and shall furnish proper protective clothing and other
necessary protective devices or equipment, and instruct staff on the
applicability of this title.
(c) The law enforcement employee who reported an incident pursuant
to Section 7510 shall be notified of the results of any test
administered to any person as a result of the reporting.




7523. Information obtained by a law enforcement employee pursuant
to this chapter shall be confidential, and shall not be disclosed
except as specifically authorized by this chapter. Information
obtained by a member of a panel pursuant to Section 7515 or 7516
shall not be disclosed except as authorized by this title.

[هيثم الفقى]

TESTING PROCEDURES
7530. The following procedures shall apply to testing conducted
under this title:
(a) The withdrawal of blood shall be performed in a medically
approved manner. Only a physician, registered nurse, licensed
vocational nurse, licensed medical technician, or licensed
phlebotomist may withdraw blood specimens for the purposes of this
title.
(b) The chief medical officer, as specified in Chapter 2
(commencing with Section 7510), shall order that the blood specimens
be transmitted to a licensed medical laboratory which has been
approved by the State Department of Health Services for the
conducting of HIV testing, and that tests including all readily
available confirmatory tests be conducted thereon for medically
accepted indications of exposure to or infection with HIV. The State
Department of Health Services shall adopt standards for the approval
of medical laboratories for the conducting of HIV testing under this
title. The State Department of Health Services shall adopt standards
for the conducting of tests under Section 7530. Testing for hepatitis
B or C may be conducted by any licensed medical laboratory approved
by the chief medical officer.
(c) Copies of the test results shall be sent by the laboratory to
the chief medical officer who made the decision under either Section
7511 or 7512 or who convened the panel under Section 7515 or 7516.
The laboratory shall be responsible for protecting the
confidentiality of these test results. Willful or negligent breach of
this responsibility shall be grounds for a violation of the
contract.
(d) The test results shall be sent by the chief medical officer to
the designated recipients with the following disclaimer:
"The tests were conducted in a medically approved manner but tests
cannot determine exposure to or infection by AIDS or other
communicable diseases with absolute accuracy. Persons receiving this
test result should continue to monitor their own health and should
consult a physician as appropriate."
(e) If the person subject to the test is a minor, copies of the
test result shall also be sent to the minor's parents or guardian.
(f) All persons, other than the test subject, who receive test
results shall maintain the confidentiality of personal identifying
data relating to the test results, except for disclosure which may be
necessary to obtain medical or psychological care or advice, or to
comply with this title.
(g) The specimens and the results of the tests shall not be
admissible evidence in any criminal or disciplinary proceeding.
(h) Any person performing testing, transmitting test results, or
disclosing information in accordance with this title shall be immune
from civil liability for any action undertaken in accordance with
this title.


7531. Notwithstanding any other provision of law, no positive test
results obtained pursuant to this title shall be disclosed to any
person unless the initial positive test result has been confirmed by
appropriate confirmatory tests for positive reactors.

[هيثم الفقى]

PENALTIES
7540. A person committing any of the following acts shall be guilty
of a misdemeanor:
(a) Willful false reporting in conjunction with a report or a
request for testing under this title.
(b) Willful use or disclosure of test results or confidential
information in violation of any of the provisions of this title.
MISCELLANEOUS PROVISIONS


7550. The State Department of Health Services shall prepare
standardized forms for the reports, notices, and findings required by
this title, and distribute these forms to the Department of
Corrections, the Department of the Youth Authority, and to each
county health officer within three months of the effective date of
this title.



7551. A correctional, custodial, or law enforcement agency to which
this title applies shall be responsible for informing staff of the
provisions of this title, and assisting in its implementation as it
applies to the respective agency.


7552. (a) It is recommended that every city or county correctional,
custodial, and law enforcement agency to which this title applies
have a comprehensive AIDS and HIV prevention and education program in
operation by March 31, 1989. Recommended goals for the programs
include all of the following:
(1) Education. Implementation of an educational plan which
includes education and training for officers, support staff, and
inmates on the prevention and transmission of HIV, with regular
updates, at least every three months, with all persons held in
custody for at least 12 hours in a correctional institution being
provided at least with a pamphlet approved by the county health
officer, and more detailed education for persons kept beyond three
days.
(2) Body fluid precautions. Because all bodily fluids are
considered as potentially infectious, supplying all employees of
correctional institutions with the necessary equipment and supplies
to follow accepted universal bodily fluids precautions, including
gloves and devices to administer cardiopulmonary resuscitation, when
dealing with infected persons or those in high-risk groups for HIV or
hepatitis B or C.
(3) Separate housing for infected individuals. Making available
adequate separate housing facilities for housing inmates who have
tested positive for HIV infection and who continue to engage in
activities which transmit HIV, with facilities comparable to those of
other inmates with access to recreational and educational
facilities, commensurate with the facilities available in the
correctional institution.
(4) Adequate AIDS medical services. The provision of medical
services appropriate for the diagnosis and treatment of HIV
infection.
(5) These guidelines are advisory only and do not constitute a
state mandate.
(b) The program shall require confidentiality of information in
accordance with this title and other provisions of law.
(c) The Corrections Standards Authority and the State Department
of Health Services shall assist in developing the programs.



7553. With the approval of the county health officer, the State
Department of Health Services, as it deems necessary for HIV
detection and prevention, may conduct periodic anonymous unlinked
serologic surveys of all or portions of the inmate population or
persons under custody within a city or county.



7554. (a) The purpose of this section is to establish the extent of
peace officers' occupational exposure for HIV infection.
(b) The correctional, custodial, or law enforcement agency to
which this title applies or the chief medical officer of a
correctional, custodial, or law enforcement agency to which this
title applies shall report each reportable incident involving a law
enforcement employee under this title together with the disposition
of each case to the State Department of Health Services.
The report shall include all of the following: the assignment of
the law enforcement employee; the type of incident; the type of
injury sustained; the treatment rendered to the injured employee;
citations to criminal laws which were allegedly violated; and the
identity of the employing agency. Under no circumstances shall the
identity of the law enforcement employee or the source person be
transmitted by the local law enforcement agency or the chief medical
officer of the local agency to the State Department of Health
Services.
(c) The State Department of Health Services shall release the
data, upon written request, to any law enforcement agency or to any
bona fide, nonprofit law enforcement research body primarily
concerned with peace officer health issues, provided that the
identity of any law enforcement employee, any person who is the
subject of a report, or any tested person under this title shall
remain anonymous. Any unauthorized release of information leading to
the identity of a person whose identity is protected under this
section shall constitute a misdemeanor.
(d) For purposes of this section, a "reportable incident" means an
incident described in subdivision (a) of Section 7510. A "source
person" means a person whose bodily fluids are believed to have
contacted the bodily fluids of a law enforcement employee as
described in subdivision (a) of Section 7510.
EXAMINATION OF INMATES AND WARDS FOR TUBERCULOSIS



7570. In enacting this chapter, the Legislature hereby finds and
declares that tuberculosis is a serious contagious disease. It is
vital to the health and safety of inmates, employees, and the public
at large, to conduct appropriate examinations, testing, and treatment
in order to control the spread of tuberculosis in California's
institutions.



7571. For purposes of this title, the following definitions shall
apply:
(a) "Chief medical officer" means the chief medical officer or
acting chief medical officer of a state prison or any facility under
the jurisdiction of the Department of Corrections or the Department
of the Youth Authority.
(b) "Inmate or ward" means any person incarcerated within the
jurisdiction of the Department of Corrections or the Department of
the Youth Authority, with the exception of a person on parole.
(c) "Institution" means any state prison, camp, center, office, or
other facility under the jurisdiction of the Department of
Corrections or the Department of the Youth Authority.
(d) "Examination, test, or treatment" means methods, processes, or
other means, including medical evaluations, testing, followup
examinations, or treatment, in accordance with the recommendations of
the Centers for Disease Control and Prevention and as specified in
the guidelines for tuberculosis control of the Department of
Corrections and the Department of the Youth Authority.
(e) "Medical evaluation" means taking a history or gathering other
information and may include, but is not limited to, listening to the
chest or other examinations or tests as specified in the guidelines
for tuberculosis control of the Department of Corrections and the
Department of the Youth Authority.
(f) "Department" means the Department of Corrections and the
Department of the Youth Authority.
(g) "Chief of medical services" means the medical officer, acting
medical officer, or designee responsible for all medical services of
the Department of Corrections or the Department of the Youth
authority.



7572. The chief of medical services, or his or her designee, shall
use every available means to ascertain the existence of, and to
immediately investigate all reported or suspected cases of,
tuberculosis in the infectious stages and to ascertain the source or
sources of the infections. In carrying out these investigations, the
chief of medical services, or his or her designee, is hereby
invested with full powers of inspection, examination, and quarantine
or isolation of all inmates or wards known to be, or reasonably
suspected to be, infected with tuberculosis in an infectious stage.



7573. (a) The chief medical officer shall order an inmate or ward
to receive an examination or test, or may order an inmate or ward to
receive treatment if the medical officer has a reasonable suspicion
that the inmate or ward has, has had, or has been exposed to
tuberculosis in an infectious stage and the chief medical officer has
reasonable grounds to believe that it is necessary for the
preservation and protection of staff and inmates or wards.
(b) The chief medical officer shall ensure that examinations or
tests for tuberculosis on all inmates or wards are conducted upon
incarceration and at least annually thereafter.



7574. Notwithstanding Section 2600 or 2601, or any other provision
of law, any inmate or ward who refuses to submit to an examination,
test, or treatment for tuberculosis as described in Section 7572 or
7573, or who refuses treatment for tuberculosis, or who, after
notice, violates, or refuses or neglects to conform to, any rule,
order, guideline, or regulation prescribed by the department with
regard to tuberculosis control shall be tested involuntarily and may
be treated involuntarily. This inmate or ward shall be subject to
disciplinary action as described in Title 15 of the California Code
of Regulations.


7575. To provide effective control of the spread of tuberculosis in
institutions and to identify those among the inmate and ward
populations with tuberculosis, the Department of Corrections shall
operate pursuant to guidelines developed in consultation with the
State Department of Health Services, which shall be adopted on or
before July 1, 1994. The guidelines shall include, but not be
limited to, establishing a reporting system which emphasizes
standardized, uniform data collection, reporting, and assessment, as
specified in Section 7576.


7576. (a) The Department of Corrections, the Department of the
Youth Authority, the Board of Prison Terms, and the Youthful Offender
Parole Board shall compile information through each department's
respective reporting systems for individual institutions and each
respective department as a whole and shall provide the results to the
State Department of Health Services annually. The information
reported shall consist of the following:
(1) Prevalence rates and conversion rates (tuberculin incidence)
for tuberculosis infection for inmates or wards and staff in each
institution.
(2) Case numbers and case rates for tuberculosis disease for
inmates or wards in each institution.
(b) Subject to additional staffing resources provided through the
state budget process, the departments described in subdivision (a)
shall also compile the following information for individual
institutions and each respective department as a whole and shall
provide the results to the State Department of Health Services
annually:
(1) Percentage of inmates and wards with tuberculosis disease who
complete the prescribed course of directly observed curative therapy
in accordance with the Centers for Disease Control and Prevention
recommendations and as specified in the department's guidelines for
tuberculosis control.
(2) Percentage of inmates and wards with culture positive sputum
that convert to culture negative in accordance with the Centers for
Disease Control and Prevention recommendations and as specified in
the department's guidelines for tuberculosis control.
(3) Percentage of inmates and wards with tuberculosis who complete
the prescribed INH (isoniazid) or other appropriate directly
observed preventive therapy in accordance with the Centers for
Disease Control and Prevention recommendations and as specified in
the department's guidelines for tuberculosis control.

[هيثم الفقى]

PUNISHMENT OPTIONS
PROGRAMS WITH SPECIAL FOCUS ON SUBSTANCE ABUSE


8000. The Legislature finds and declares that the existence of
live-in alternative to incarceration rehabilitation programs with
special focus on substance abusers provide a useful alternative to
incarceration and promotes the resumption of useful lives by persons
with impairments caused by drug or alcohol abuse, or persons with
criminal records who, because of these impairments, cannot be
absorbed into the competitive labor market, or who otherwise have
little or no chance of rehabilitation.



8001. For purposes of this title, a live-in alternative to
incarceration rehabilitation program with special focus on substance
abusers means any long-term (two-year minimum) private, nonprofit
program that has operated and complied with the following conditions
for at least five years prior to the effective date of this section:

(a) Participants live full time at the program site and receive
room and board, and all necessary support at no cost to the
participant.
(b) All necessary support shall include reasonable medical,
dental, psychological, and legal services, counseling, entertainment,
clothing, academic, life-skills, and interpersonal education,
vocational training, rehabilitation, transportation, and recreation
activities.
(c) Neither the directors nor the officers of the program shall be
compensated in any manner other than the manner in which the
participants of the program are compensated.
(d) The program shall not be operated with any public funds.



8002. Notwithstanding any other provision of law, the participants,
director, and staff of a live-in alternative to incarceration
rehabilitation program with special focus on substance abusers, when
participating in operations owned and operated by the program, are
exempt from the wage and hour provisions and Section 1025 of the
Labor Code, so long as all revenues generated by the operation are
used for the support of the program. All providers who bid on public
work shall include in their bid the prevailing wage rate as required

by the request.

[هيثم الفقى]

COMMUNITY-BASED PUNISHMENT ACT
General Provisions


8050. This chapter shall be known and may be cited as the
Community-Based Punishment Act of 1994.



8051. The Legislature hereby finds and declares as follows:
(a) Community-based punishment programs require a partnership
between the state and local government to provide and expand the use
of intermediate sanctions for specifically targeted offender
populations.
(b) Community-based programs must operate to punish offenders
while at the same time providing opportunities to change behavior.
(c) Community-based punishment programs provide appropriate means
of managing select offenders but should not be viewed as the only
solution to prison overcrowding.
(d) Community-based punishment programs target prison-bound and
jail-bound nonviolent offenders because this group poses the least
risk to the public and is the most amenable to the individualized
programming and services offered by community-based programs.
(e) Community-based punishment programs emphasize reducing local
jail populations, thereby making jail space available for new
commitments, parole violators, and probation violators who are now
being sent to jail and nonviolent felons who have already been sent
to prison for short periods of time.
(f) Community-based punishment programs must be financed from a
consistent, reliable, and separate funding source.
(g) Community-based punishment programs should be expanded
incrementally with a variety of pilot approaches tested to determine
their effectiveness prior to expansion.
(h) In order to effectively utilize available resources, to ensure
appropriate management of the local offender population, each county
utilizing community-based punishment programs must implement a
locally coordinated planning process.
(i) Since successful community-based punishment programs are
dependent on the coordinated efforts of, and successful working
relationships between, state and local agencies, the Board of
Corrections is the logical state agency to coordinate community
punishment efforts because of its extensive experience with
collaborative state and local programs.



8052. As used in this chapter, the following definitions shall
apply:
(a) "Board" means the Board of Corrections, unless otherwise
indicated.
(b) "Chief correctional administrator" means the sheriff, chief
probation officer, or director of the county department of
corrections, who is designated by the board of supervisors to have
administrative responsibility for county corrections operations and
programs, including a community-based punishment program.
(c) "Community-based punishment" means a partnership between the
state and a county or a collaboration of counties to manage and
provide correctional services, especially those services considered
to be intermediate sanctions at the local level of government for
targeted, select offender populations pursuant to the community
corrections plan of a county or a collaboration of counties.
(d) "Community-based punishment plan" means the proposal for a
community-based punishment program promulgated by a county or a
collaboration of counties that has been developed by the chief
correctional administrator, in cooperation with the district
attorney, public defender, and other concerned community
representatives designated by the board of supervisors, to address
correctional needs in that county or collaboration of counties.
(e) "Intermediate sanctions" means punishment options and
sanctions other than simple incarceration in prison or jail or
traditional routine probation supervision. Intermediate sanctions
may be provided by correctional agencies directly or through
community-based public or private correctional service providers, and
include, but are not limited to, the following:
(1) Short-term "shock" incarceration in either jail or prison, for
a period of not more than 60 days.
(2) Incarceration in a "boot camp" facility.
(3) Intensive supervision.
(4) Home detention with electronic monitoring.
(5) Mandatory community service.
(6) Restorative justice programs such as mandatory victim
restitution and victim-offender reconciliation.
(7) Work, training, or education in a furlough program pursuant to
Section 1208.
(8) Work, in lieu of confinement, in a work release program
pursuant to Section 4024.2.
(9) Day reporting.
(10) Mandatory residential or nonresidential substance abuse
treatment programs established pursuant to Chapter 9.4 (commencing
with Section 6240) of Title 7.
(11) Mandatory random drug testing.
(12) Mother-infant care programs.
(13) Community-based residential programs offering structure,
supervision, drug treatment, alcohol treatment, literacy programming,
employment counseling, psychological counseling, or any combination
of these and other interventions.
(f) "Nonviolent offender" means a person who is not currently
charged with a violent crime, as defined in Section 667.5, does not
have a criminal record that includes a violent crime, meets the
National Institute of Corrections (NIC) Model Classification System
guidelines for classification as a nonviolent offender, and does not
pose a risk to the community, as determined by the correctional
administrator.
State Administration


8060. This chapter shall be administered by the board. The board
shall be responsible for ensuring that the policies and activities
undertaken by state or local governmental units, or other
organizations, in furtherance of the purposes of this chapter, are
consistent with those purposes.



8061. The board, in collaboration with state, local, and
community-based departments, agencies, and organizations shall do the
following:
(a) Describe the parameters of effective community-based
punishment programs and the relationship between the state and local
jurisdictions in meeting the purposes of this chapter.
(b) Develop and implement a process by which local jurisdictions
are selected and can participate in pilot efforts initiated under
this chapter.
(c) Develop and implement the process by which counties
participating in accordance with this chapter annually submit their
community-based punishment program proposals for approval,
modification, or both.
(d) Design and implement a process for annually awarding funds to
counties participating pursuant to this chapter to implement their
community-based punishment program proposals, and administer and
monitor the receipt, expenditure, and reporting of those funds by
participating counties.
(e) Provide technical assistance and support to counties and
community correctional administrators in determining whether to
participate in community-based punishment programs, and in either
developing or annually updating their punishment programs.
(f) Facilitate the sharing of information among counties and
between county and state agencies relative to community-based
punishment approaches and programs being initiated or already in
existence, strengths and weaknesses of specific programs, specific
offender groups appropriate for different programs, results of
program evaluations and other data, and anecdotal material that may
assist in addressing the purposes of this chapter.
(g) Adopt and periodically revise regulations necessary to
implement this chapter.
(h) Design and provide for regular and rigorous evaluation of the
community-based punishment programming undertaken pursuant to
approved community-based punishment plans.
(i) Design and provide for analysis and evaluation of the pilot
and any subsequent implementation of this chapter, with areas of
analysis to include, at a minimum, the following:
(1) The relationship between the board and counties or
collaborations of counties submitting county community-based
punishment plans.
(2) The effectiveness of this chapter in encouraging the use of
intermediate as well as traditional sanctions.
(3) The categories of offenders most suitable for specific
intermediate sanctions, various aspects of community-based punishment
programming, or both.
(4) The effectiveness of the programs implemented pursuant to this
chapter in maintaining public safety.
(5) The cost-effectiveness of the programs implemented pursuant to
this chapter.
(6) The effect of the programs implemented pursuant to this
chapter on prison, jail, and Department of the Youth Authority
populations.
(j) On January 1, 1997, and annually thereafter, the board shall,
upon request, provide the Legislature with a progress report on the
status of the implementation of this chapter.
Community-Based Punishment Plan

8080. Each county or collaboration of counties electing to operate
a community-based punishment program under this chapter shall develop
a community-based punishment plan describing the continuum of
sanctions and services comprising its program. The plan shall be
developed pursuant to guidelines established by the board and shall
be updated annually or as determined by the board. The plan shall
describe, at a minimum, the following:
(a) System design and administration, lines of authority, and
responsible personnel, including, but not limited to, the chief
correctional administrator and other relevant individuals.
(b) The extent and nature of citizen involvement in the
development and promulgation of the community-based punishment plan,
including, but not limited to, the following:
(1) Consultation with a citizens' advisory committee formed for
the purpose of providing community input into the development and
promulgation of a community-based punishment plan.
(2) Consultation with selected community leaders.
(3) Input derived from citizen testimony at public hearings or
town hall meetings.
(c) The number and kind of offenders to participate in
community-based punishment programs.
(d) Eligibility requirements.
(e) How offenders, including those coming from the courts and
those who are probation and parole violators, are to be selected to
participate.
(f) Community-based punishment program components, including, for
example, which punishment options, intermediate sanctions, treatment
options, or combinations are to be developed and used for which
offenders.
(g) Responsibilities and relationships, including, but not limited
to, the elements of community-based punishment programs that are
administered by the sheriff's department, the probation department,
or parole personnel, and when and how offenders are to be programmed.

(h) Criteria for transferring offenders from more restrictive to
less restrictive sanctions.
(i) Criteria for disciplinary interventions, imposition of
stricter sanctions, or return to prison or jail, when necessary.
(j) Anticipated costs and funding needs.
Funding


8090. Implementation of this chapter pursuant to Section 8060 is
contingent upon the availability of funding. Funding for
community-based punishment programs shall be administered by the
board from funds appropriated by the Legislature. In addition to
state funds appropriated in the annual Budget Act or other
legislation, programs may be funded from a variety of sources,
including, but not limited to, the following:
(a) Federal funds for community-based punishment programs.
(b) Private or corporate grants, or both.
(c) Service and administrative fees that may be charged to
offenders who participate in community corrections programs, provided
that no offender shall be denied entrance into a community-based
punishment program solely for inability to pay fees.
(d) Income derived from community development corporations
established as part of community-based punishment programs of a
county or collaboration of counties, including, but not limited to,
revenue generated by businesses owned and operated by community-based
punishment programs, or by offender work programs, or by both, after
the cost of operating and administering the business or work program
has been paid.
(e) Other sources as may be identified as suitable for funding
community corrections.
It is the intent of the Legislature that community corrections
reduce the number of offenders who would be incarcerated in the state
prison in the absence of a community-based punishment approach.



8091. (a) From the amount of money appropriated for purposes of
this chapter to the board, the board shall allocate block grants to
counties or collaborations of counties that have passed a community
corrections resolution, have applied for funding, and have complied
with the administrative process as prescribed by the board.
(b) Each county or collaboration of counties shall maintain a
complete and accurate accounting of all funds received pursuant to
this section. These funds shall be used only for community-based
punishment programs as authorized by this chapter and shall be used
only as permitted by the regulations and guidelines established by
the board.
(c) Unexpended funds provided to counties shall be returned to the
board and may be reallocated by the board.



8092. The board, in collaboration with its member and constituent
agencies and departments, shall seek startup funding for
community-based punishment planning and programming from public and
private sources commencing as soon as practicable.




8093. The board shall monitor the expenditures and funds of
participating counties and collaborations of counties to determine
whether the funds are being expended in accordance with all the
requirements of this chapter. If the board finds that a
participating county or collaboration of counties is not acting in
accordance with all of the requirements of this chapter, it shall
notify the county or collaboration of counties regarding the points
of noncompliance, and the county or collaboration of counties shall
have 60 days to explain or justify its actions in writing to the
board. If the explanation is not satisfactory or if the point of
noncompliance cannot be promptly cured in the opinion of the board,
the board may issue a notice of noncompliance and may suspend payment
of the funds to be allocated to the county or collaboration of
counties under this chapter.

[هيثم الفقى]

*** Offender Management Board


9000. As used in this chapter, the following definitions apply:
(a) "Board" means the *** Offender Management Board created in
this chapter.
(b) "*** Offender" means any person who is required to register as
a *** offender under Section 290 of the Penal Code.
(c) "Treatment" means a set of specialized interventions delivered
by qualified mental health professionals and designed to address the
multiple psychological and physiological factors found to be
associated with ***ual offending.
(d) "Management" means a comprehensive and collaborative team
approach to regulating, controlling, monitoring, and otherwise
influencing the current and, insofar as is possible, the future
behavior of *** offenders who are living in the community and are
directly under the authority of the criminal justice system or of
another governmental agency performing similar functions. The
overriding purpose of management of *** offenders is to enhance
community safety by preventing future ***ual victimization.
Management includes supervision and specialized treatment as well as
a variety of other interventions.
(e) "Supervision" means a specialized approach to the process of
overseeing, insofar as authority to do so is granted to the
supervising agency, all significant aspects of the lives of ***
offenders who are being managed, as described in subdivision (d).
This approach includes traditional methods as well as techniques and
tools specifically designed to respond to the risks to community
safety raised by *** offenders. Supervision is one component of
management.


9001. (a) The *** Offender Management Board which is hereby created
under the jurisdiction of the Department of Corrections and
Rehabilitation, shall consist of 17 members. The membership of the
board shall reflect, to the extent possible, representation of
northern, central, and southern California as well as both urban and
rural areas. Each appointee to the board, regardless of the
appointing authority, shall have the following characteristics:
(1) Substantial prior knowledge of issues related to ***
offenders, at least insofar as related to his or her own agency's
practices.
(2) Decisionmaking authority for, or direct access to those who
have decisionmaking authority for, the agency or constituency he or
she represents.
(3) A willingness to serve on the board and a commitment to
contribute to the board's work.
(b) The membership of the board shall consist of the following
persons:
(1) State government agencies:
(A) The Attorney General or his or her designee who shall be an
authority in policy areas pertaining to *** offenders and shall have
expertise in dealing with *** offender registration, notification,
and enforcement.
(B) The Secretary of the Department of Corrections and
Rehabilitation or his or her designee who has expertise in parole
policies and practices.
(C) The Director of Adult Parole Services or his or her designee.

(D) One California state judge, appointed by the Judicial Council.

(E) The Director of Mental Health or his or her designee who is a
licensed mental health professional with recognized expertise in the
treatment of *** offenders.
(2) Local government agencies:
(A) Three members who represent law enforcement, appointed by the
Governor. One member shall possess investigative expertise and one
member shall have law enforcement duties that include registration
and notification responsibilities, and one shall be a chief probation
officer.
(B) One member who represents prosecuting attorneys, appointed by
the Senate Committee on Rules. He or she shall have expertise in
dealing with adult *** offenders.
(C) One member who represents probation officers, appointed by the
Speaker of the Assembly.
(D) One member who represents criminal defense attorneys,
appointed by the Speaker of the Assembly.
(E) One member who is a county administrator, appointed by the
Governor.
(F) One member who is a city manager or his or her designee,
appointed by the Speaker of the Assembly.
(3) Nongovernmental agencies:
(A) Two members who are licensed mental health professionals with
recognized experience in working with *** offenders and who can
represent, through their established involvement in a formal
statewide professional organization, those who provide evaluation and
treatment for adult *** offenders, appointed by the Senate Committee
on Rules.
(B) Two members who are recognized experts in the field of ***ual
assault and represent ***ual assault victims, both adults and
children, and rape crisis centers, appointed by the Governor.
(c) The board shall appoint a chair from among the members
appointed pursuant to subdivision (b). The chair shall serve in that
capacity at the pleasure of the board.
(d) Each member of the board who is appointed pursuant to this
section shall serve without compensation.
(e) If a board member is unable to adequately perform his or her
duties or is unable to attend more than three meetings in a single
12-month period, he or she is subject to removal from the board by a
majority vote of the full board.
(f) Any vacancies on the board as a result of the removal of a
member shall be filled by the appointing authority of the removed
member within 30 days of the vacancy.
(g) The board may create, at its discretion, subcommittees or task
forces to address specific issues. These may include board members
as well as invited experts and other participants.
(h) The board shall hire a coordinator who has relevant experience
in policy research. The board may hire other staff as funding
permits.
(i) In the course of performing its duties, the board shall, when
possible, make use of the available resources of research agencies
such as the Legislative Analyst's Office, the California Research
Bureau, the California State University system, including schools of
public policy and criminology, and other similar sources of
assistance.
(j) Staff support services for the board shall be provided by
staff of the Department of Corrections and Rehabilitation as directed
by the secretary.


9002. (a) The board shall address any issues, concerns, and
problems related to the community management of adult *** offenders.
The main objective of the board, which shall be used to guide the
board in prioritizing resources and use of time, is to achieve safer
communities by reducing victimization. To that end, the board shall
do both of the following:
(1) Conduct a thorough assessment of current management practices
for adult *** offenders, primarily those under direct criminal
justice or other supervision, residing in California communities. A
report on the findings of this assessment shall be submitted to the
Legislature and the Governor by January 1, 2008. Areas to be reviewed
in this assessment shall include, but not be limited to, the
following:
(A) The numbers and distribution of offenders.
(B) Supervision practices.
(C) Treatment availability and quality.
(D) Issues related to housing.
(E) Recidivism patterns.
(F) Response to the safety concerns of past and potential future
victims.
(G) Cost and cost-effectiveness of various approaches.
(H) Any significant shortcomings in management practices.
(2) Develop recommendations, based upon the findings in the
assessment, to improve management practices of adult *** offenders
under supervision in the community, with the goal of improving
community safety. The plan shall address all significant aspects of
community management including supervision, treatment, housing,
transition to the community, interagency coordination and the
practices of other entities that directly or indirectly affect the
community management of *** offenders. The board shall provide
information to the Legislature and Governor as to its progress by
January 1, 2009. The completed plan shall be submitted to the
Legislature and the Governor by January 1, 2010.
(b) The board shall conduct public hearings, as it deems
necessary, to provide opportunities for gathering information and
receiving input regarding the work of the board from concerned
stakeholders and the public.



9003. This chapter shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.

[هيثم الفقى]

GENERAL PROVISIONS


10000. The provisions of Part 3 (commencing with Section 2000),
insofar as they are substantially the same as existing provisions
relating to the same subject matter, shall be construed as
restatements and continuations thereof and not as new enactments.




10001. All persons who, at the time this act goes into effect, hold
office under any of the acts repealed by this act, which offices are
continued by this act, continue to hold the same according to the
former tenure thereof.


10002. No action or proceeding commenced before this act takes
effect, and no right accrued, is affected by the provisions of this
act, but all procedure thereafter taken therein shall conform to the
provisions of this act so far as possible.




10003. If any portion of Part 3 (commencing with Section 2000) is
held unconstitutional, that decision shall not affect the validity of
any other portion of Part 3 (commencing with Section 2000).



10004. Division, chapter, article, and section headings contained
herein shall not be deemed to govern, limit, modify or in any manner
affect the scope, meaning or intent of the provisions of any
division, chapter, article or section hereof.




10005. Whenever, by the provisions of this act, a power is granted
to a public officer or a duty imposed upon such an officer, the power
may be exercised or the duty performed by a deputy of the officer or
by a person authorized pursuant to law by the officer.



10006. (a) The Department of the Youth Authority and local juvenile
halls and camps are prohibited from allowing a minor detained in any
institution or facility under their respective jurisdiction to view
a videotape or movie shown by the institution or facility that
contains harmful matter, as specified in Chapter 7.6 (commencing with
Section 313) of Title 9 of Part 1.
(b) The Department of Corrections, the Department of the Youth
Authority, county juvenile halls and camps, and local adult detention
facilities may promulgate regulations regarding the showing of
videotapes and movies at any institution or facility under their
respective jurisdiction in order to provide for the reasonable
security of the institution or facility in which a minor or adult is
confined and for the reasonable protection of the public consistent
with Section 2600.


10007. The Department of Corrections and Rehabilitation may use
portable or temporary buildings to provide rehabilitation, treatment,
and educational services to inmates within its custody, or to house
inmates, as long as that housing does not jeopardize inmate or staff
safety.

[هيثم الفقى]

PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS
TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS
CHAPTER 1. INVESTIGATION, IDENTIFICATION, AND INFORMATION
RESPONSIBILITIES OF THE DEPARTMENT OF JUSTICE
Administration

11006. The Attorney General shall appoint such agents and other
employees as he deems necessary to carry out the provisions of this
chapter.
All persons employed after July 1, 1973, within the Department of
Justice designated as peace officers and performing investigative
duties shall be required by the department to obtain a certificate
from the Commission on Peace Officer Standards and Training.




11008. The Attorney General shall from time to time arrange for and
organize schools at convenient centers in the State to train peace
officers in their powers and duties and in the use of approved
equipment and methods for detection, identification and apprehension
of criminals.



11010. (a) The Department of Justice shall adopt standards and
guidelines regarding the handling of potential evidence arising out
of the testing of substances that are suspected to be related to
activities of terrorists, to be used by laboratories operated by or
contracting with the Department of Justice, any state agency, or any
local agency, and by any other laboratory in the state the department
determines may test any material that may become evidence in a
criminal prosecution for any crime committed in the commission of
terrorist activities.
(b) The standards and guidelines adopted pursuant to this section
shall include information on issues that may arise in the chain of
custody and the employment of controls that are suitable for
preserving evidence for use in the prosecution of a crime.
(c) In developing the standards for adoption pursuant to this
section, the Department of Justice shall consult with appropriate
laboratories of public agencies used by law enforcement agencies, law
enforcement agencies, and the State Department of Health Services.
(d) The Department of Justice shall make the guidelines and
standards adopted pursuant to this section available to the
appropriate laboratories specified in subdivision (a).
(e) The provisions of this section shall be accomplished to the
extent that funds are available.
Criminal Investigation


11050. In any crime of statewide importance, the Attorney General
may, upon the request of any district attorney, sheriff or chief of
police, assign to such officer so requesting, an investigator or
investigators for the investigation or detection of crimes, and the
apprehension or prosecution of criminals.



11050.5. (a) The Attorney General may, upon the request of any
district attorney, sheriff, chief of police, or other local, state or
federal law enforcement official, make available to such official so
requesting, the department's laboratory facilities and personnel and
the department's technical experts, including but not limited to
such personnel as fingerprint examiners, criminalists, document
examiners and intelligence specialists for the purpose of assisting
in the investigation of criminal matters, the detection of crimes and
the apprehension or prosecution of criminals.
(b) The Attorney General may, upon the request of any public
defender or private defense counsel appointed by the court, make
available to such public defender or such private appointed counsel,
the department's laboratory facilities and personnel and the
department's technical experts, including but not limited to such
personnel as fingerprint examiners, criminalists, document examiners
and intelligence specialists for the purpose of assisting in the
representation by such public defender or private appointed counsel
of persons in criminal proceedings. The Attorney General may
contract with each county whose public defender or such private
appointed counsel makes requests pursuant to this subdivision for the
payment of the reasonable costs of time and material in making
available information, services or facilities pursuant to this
subdivision. No information, services or facilities shall be made
available to such public defender or private appointed counsel unless
the county so contracts with the Attorney General.
(c) A copy of any information, including the results of any
analysis, furnished by the Attorney General to a public defender, or
private defense counsel appointed by the court, pursuant to
subdivision (b) shall be sent to the district attorney of the county
in which the public defender is located. If this subdivision or its
application to any person or circumstance is invalid, subdivision (b)
shall not be operative.
(d) The Department of Justice may charge a fee for the laboratory
services it performs.


11051. The Department of Justice shall perform duties in the
investigation, detection, apprehension, prosecution or suppression of
crimes as may be assigned by the Attorney General in the performance
of his or her duties under Article V, Section 13 of the
Constitution.



11052. For the purpose of carrying out the provisions of this
chapter, the investigators shall have all the powers conferred by law
upon any peace officer of this State.



11053. After the effective date of this chapter, and thereafter
until the Governor finds and proclaims that an emergency no longer
exists in preparing for the national defense, or whenever the United
States is engaged in war, or whenever a war emergency has been
declared to exist by the President of the United States, the Attorney
General may appoint for the duration of the war or emergency, as the
case may be, such additional special criminal investigators not to
exceed nine in number as he deems necessary to carry out the
provisions of this chapter. There shall not be more than 15 such
investigators employed at any one time. The employment of such
investigators shall terminate not later than 90 days after the
conclusion of peace or the official termination of the emergency by
the President or the Governor.



11054. No investigation of the acts or conduct of any state agency
or state official shall be initiated or made through or by the bureau
or any employee thereof, without the authorization of the Attorney
General particularly specifying the office, department or person to
be investigated and the scope and purposes of the investigation.




11055. (a) There is within the Department of Justice the Foreign
Prosecution and Law Enforcement Unit designated with the
responsibility for assisting local law enforcement agencies with
foreign prosecutions, child abduction recoveries and returns under
the Hague Convention on the Civil Aspects of International Child
Abduction, and law enforcement investigative matters. The unit is
also responsible for assisting local law enforcement in obtaining
information from foreign officials on foreign prosecution matters.
(b) The Foreign Prosecution and Law Enforcement Unit shall do all
of the following:
(1) For those countries having extraterritorial jurisdiction
allowing for the prosecution of their citizens for crimes committed
in California, the unit shall, upon request, provide informational
assistance to local law enforcement on foreign prosecution protocols
and provide technical assistance in preparing investigative materials
for forwarding and filing in international jurisdictions. The unit
shall provide information and assistance on the scope and uses of
foreign prosecution to California prosecutors and law enforcement
agencies. The unit shall be responsible for tracking foreign
prosecution cases presented by California law enforcement agencies.
The unit shall collect information on a statewide basis regarding
foreign prosecution cases for the primary purpose of analyzing the
information it collects and disseminating its conclusions to local
law enforcement agencies. Local law enforcement agencies shall retain
the authority to prepare and present foreign prosecution cases
without the assistance of the unit.
(2) The unit shall assist district attorneys in recovering
children from Mexico, and, where appropriate, other countries either
in court-ordered returns pursuant to the Hague Convention or
voluntary returns.
(3) The unit shall, upon request, assist local law enforcement
agencies and foreign law enforcement in formal requests under the
Mutual Legal Assistance Treaty. The unit shall, upon request, also
assist California law enforcement agencies and foreign officials in
informal requests for mutual legal assistance.
(4) The unit, under the direction of the Attorney General, shall
provide information to local law enforcement on sensitive diplomatic
issues.

[هيثم الفقى]

California Criminalistics Institute
11060. There is hereby established in the Bureau of Forensic
Services of the Department of Justice the California Criminalistics
Institute.
The purposes of the institute shall include, but need not be
limited to, the facilitation of a comprehensive and coordinated
approach to meet the high technology forensic science needs of crime
laboratories operated by the department and local law enforcement
agencies, the provision of a statewide upgrading of advanced
laboratory services incorporating new and developing technologies,
the provision of training and methodology development for all law
enforcement agencies, and the handling of advanced casework
laboratory referral services.
The California Criminalistics Institute is intended for use by
state and local forensic scientists and law enforcement personnel.




11061. To meet the increasing statewide need for criminalists
properly trained in DNA analysis, the Department of Justice, the
California State University, and, upon agreement by the regents, the
University of California, shall work together to enhance
collaborative opportunities for DNA training of university students,
graduates, and existing employees of crime laboratories.



11061.5. (a) The Department of Justice, through its California
Criminalistics Institute, shall develop and coordinate an internship
program in forensic DNA analysis for graduate-level students.
(1) Candidates for the program must possess at least a
baccalaureate degree.
(2) The program shall be associated with graduate academic
programs at accredited postsecondary institutions including the
University of California and the California State University.
(3) The program shall include a one-year internship at a public
forensic DNA laboratory for which the interns shall receive a stipend
or fellowship funded by the Department of Justice.
(4) The program shall be designed to prepare students to meet
national standards for DNA analysis, such as those established by the
DNA Advisory Board (DAB) and the Scientific Working Group on DNA
Analysis Methods (SWGDAM).
(5) In order to complete the program, interns shall be required to
successfully complete a national certification examination like that
administered in forensic molecular biology by the American Board of
Criminalistics.
(b) Funding for the provisions of this measure shall be subject to
both of the following conditions:
(1) The Department of Justice shall establish a working
partnership and affiliation with accredited postsecondary
institutions that can provide graduate-level academic programing.
(2) The Department of Justice shall submit a budgetary request for
the internship program to the Director of the Department of Finance
by May 15, 2002.
(c) The provisions of this act may only be implemented to the
extent funds are appropriated for their purposes in the annual Budget
Act.



11062. (a) The Department of Justice shall establish and chair a
task force to conduct a review of California's crime laboratory
system.
(b) The task force shall be known as the "Crime Laboratory Review
Task Force." The composition of the task force shall be comprised of
a representative of each of the following entities:
(1) The Department of Justice.
(2) The California Association of Crime Laboratory Directors.
(3) The California Association of Criminalists.
(4) The International Association for Identification.
(5) The American Society of Crime Laboratory Directors.
(6) The California Highway Patrol.
(7) The California State Sheriffs Association, from a department
with a crime laboratory.
(8) The California District Attorneys Association, from an office
with a crime laboratory.
(9) The California Police Chiefs Association, from a department
with a crime laboratory.
(10) The California Peace Officers Association.
(11) The California Public Defenders Association.
(12) A private criminal defense attorney organization.
(13) The Judicial Council, to be appointed by the Chief Justice.
(14) The Office of the Speaker of the Assembly.
(15) The Office of the President pro Tempore of the Senate.
(16) Two representatives to be appointed by the Governor.
(c) The task force shall review and make recommendations as to how
best to configure, fund, and improve the delivery of state and local
crime laboratory services in the future. To the extent feasible, the
review and recommendations shall include, but are not limited to,
addressing the following issues:
(1) With respect to organization and management of crime
laboratory services, consideration of the following:
(A) If the existing mix of state and local crime laboratories is
the most effective and efficient means to meet California's future
needs.
(B) Whether laboratories should be further consolidated. If
consolidation occurs, who should have oversight of crime
laboratories.
(C) If management responsibilities for some laboratories should be
transferred.
(D) Whether all laboratories should provide similar services.
(E) How other states have addressed similar issues.
(2) With respect to staff and training, consideration of the
following:
(A) How to address recruiting and retention problems of laboratory
staff.
(B) Whether educational and training opportunities are adequate to
supply the needs of fully trained forensic criminalists in the
future.
(C) Whether continuing education is available to ensure that
forensic science personnel are up-to-date in their fields of
expertise.
(D) If crime laboratory personnel should be certified, and if so,
the appropriate agency to assume this responsibility.
(E) The future educational role, if any, for the University of
California or California State University systems.
(3) With respect to funding, consideration of the following:
(A) Whether the current method of funding laboratories is
predictable, stable, and adequate to meet future growth demands and
to provide accurate and timely testing results.
(B) The adequacy of salary structures to attract and retain
competent analysts and examiners.
(4) With respect to performance standards and equipment,
consideration of the following:
(A) Whether workload demands are being prioritized properly and
whether there are important workload issues not being addressed.
(B) If existing laboratories have the necessary capabilities,
staffing, and equipment.
(C) If statewide standards should be developed for the
accreditation of forensic laboratories, including minimum staffing
levels, and if so, a determination regarding what entity should serve
as the sanctioning body.
(d) The task force shall also seek input from specialized law
enforcement disciplines, other state and local agencies, relevant
advocacy groups, and the public. The final report shall also include
a complete inventory of existing California crime laboratories. This
inventory shall contain sufficient details on staffing, workload,
budget, major instrumentation, and organizational placement within
the controlling agency.
(e) The first meeting of the task force shall occur no later than
60 days after the effective date of this act.
(f) On or before July 1, 2009, the task force shall submit a final
report of its findings to the Department of Finance, and to the
budget and public safety committees of both houses.

[هيثم الفقى]

Criminal Record Dissemination


11075. (a) As used in this article, "criminal offender record
information" means records and data compiled by criminal justice
agencies for purposes of identifying criminal offenders and of
maintaining as to each such offender a summary of arrests, pretrial
proceedings, the nature and disposition of criminal charges,
sentencing, incarceration, rehabilitation, and release.
(b) Such information shall be restricted to that which is recorded
as the result of an arrest, detention, or other initiation of
criminal proceedings or of any consequent proceedings related
thereto.



11076. Criminal offender record information shall be disseminated,
whether directly or through any intermediary, only to such agencies
as are, or may subsequently be, authorized access to such records by
statute.


11077. The Attorney General is responsible for the security of
criminal offender record information. To this end, he or she shall:

(a) Establish regulations to assure the security of criminal
offender record information from unauthorized access and disclosures
by individuals and public and private agencies at all levels of
operation in this state.
(b) Establish regulations to assure that this information is
disseminated only in situations in which it is demonstrably required
for the performance of an agency's or official's functions.
(c) Coordinate these activities with those of any interstate
systems for the exchange of criminal offender record information.
(d) Cause to be initiated for employees of all agencies that
maintain, receive, or are eligible to maintain or receive, criminal
offender record information a continuing educational program in the
proper use and control of criminal offender record information.
(e) Establish regulations as he or she finds appropriate to carry
out his or her functions under this article.



11077.1. (a) Commencing July 1, 2005, and except as provided by
subdivision (b), the Department of Justice shall accept fingerprint
images and related information to process criminal offender record
information requests for employment, licensing, certification,
custodial child placement, or adoption purposes, only if those images
and related information are electronically transmitted. The
department shall continually monitor the statewide availability of
electronic transmission sights and work with public and private
entities to ensure reasonable availability is maintained.
(b) The department shall, based on the regional unavailability of
electronic transmission sites or when departmental processing
procedures show a need, accept hard fingerprint cards in order to
process criminal offender record information requests for employment,
licensing, certification, custodial child placement, or adoption
purposes.


11077.2. (a) The Attorney General shall establish a communication
network that allows the transmission of requests from private service
providers in California to the Department of Justice for criminal
offender record information for purposes of employment, licensing,
certification, custodial child placement or adoption. The
communication network shall allow any entity that is approved by the
department to connect directly to the department.
(b) Users of the communication network shall undergo initial and
remedial training as determined by the department. Failure or
refusal to comply with the training requirement shall terminate the
connection to the communication network until the training is
completed. The scope of the training and the entities' level of
participation shall be determined by the department.
(c) Users of the communication network shall comply with any
policy, practice, procedure, or requirement deemed necessary by the
department to maintain network security and stability. Failure or
refusal to comply shall terminate the connection to the communication
network until the department determines that there is satisfactory
compliance.
(d) Users of the communication network shall only use hardware and
software in relation to or for connection to the communication
network that is currently approved and certified by the department,
the National Institute of Standards and Technology, and the Federal
Bureau of Investigation.
(e) Users of the communication network shall be independently
responsible for securing all hardware, software, and
telecommunication service or linkage necessary to accomplish
connection to the communication network, once they are authorized by
the department.
(f) The communication network shall be implemented by July 1,
2004.
(g) Nothing in this section is intended to authorize any entity to
access or receive criminal offender record information from the
Department of Justice.



11078. Each agency holding or receiving criminal offender record
information in a computerized system shall maintain, for such period
as is found by the Attorney General to be appropriate, a listing of
the agencies to which it has released or communicated such
information.



11079. (a) The Attorney General may conduct inquiries and
investigations as he or she finds appropriate to carry out functions
under this article. The Attorney General may for this purpose direct
any agency, including a tribal court or tribal child welfare agency
of a tribe or consortium of tribes that has entered into an agreement
with the state pursuant to Section 10553.1 of the Welfare and
Institutions Code, that maintains, or has received, or that is
eligible to maintain or receive criminal offender records to produce
for inspection statistical data, reports, and other information
concerning the storage and dissemination of criminal offender record
information. Each agency is authorized and directed to provide that
data, reports, and other information.
(b) Notwithstanding any other law, any entity described in
subdivision (a) that fails to comply with the requirements of this
section shall lose access to criminal offender record information
maintained by the Department of Justice until correction of the
noncompliance is demonstrated.



11080. Nothing in this article shall be construed to affect the
right of access of any person or public agency to individual criminal
offender record information that is authorized by any other
provision of law.


11080.5. A chief of police of a city or the sheriff of a county
shall be authorized to request and receive relevant information
concerning persons when on parole who are or may be residing or
temporarily domiciled in that city or county and who have been
convicted of a federal crime which could have been prosecuted as a
felony under the penal provisions of this state.



11081. Nothing in this article shall be construed to authorize
access of any person or public agency to individual criminal offender
record information unless such access is otherwise authorized by
law.

[هيثم الفقى]

Criminal
Identification and Statistics
11100. The Attorney General shall provide for the installation of a

proper system and file in the office of the bureau, cards containing
an outline of the method of operation employed by criminals in the
commission of crime.


11101. The Attorney General shall procure from any available
source, and file for record and report in the office of the bureau,
all descriptions, information, photographs, and measurements of all
persons convicted of a felony, or imprisoned for violating any of the
military, naval, or criminal laws of the United States, and of all
well-known and habitual criminals.



11102. The department may use the following systems of
identification: the Bertillon, the fingerprint system, and any
system of measurement that may be adopted by law in the various penal
institutions of the state.



11102.1. (a) (1) Notwithstanding any other law, the Department of
Justice shall establish, implement, and maintain a certification
program to process fingerprint-based criminal background clearances
on individuals who roll fingerprint impressions, manually or
electronically, for non-law-enforcement purposes. Except as provided
in paragraph (2), no person shall roll fingerprints for
non-law-enforcement purposes unless certified.
(2) The following persons shall be exempt from this section if
they have received training pertaining to applicant fingerprint
rolling and have undergone a criminal offender record information
background investigation:
(A) Law enforcement personnel and state employees.
(B) Employees of a tribal gaming agency or a tribal gaming
operation, provided that the fingerprints are rolled and submitted to
the Department of Justice for purposes of compliance with a
tribal-state compact.
(3) The department shall not accept fingerprint impressions for
non-law-enforcement purposes unless they were rolled by an individual
certified or exempted pursuant to this section.
(b) Individuals who roll fingerprint impressions, either manually
or electronically, for non-law-enforcement purposes, must submit to
the Department of Justice fingerprint images and related information,
along with the appropriate fees and documentation. The department
shall retain one copy of the fingerprint impressions to process a
state level criminal background clearance, and it shall submit one
copy of the fingerprint impressions to the Federal Bureau of
Investigation to process a federal level criminal background
clearance.
(c) The department shall retain the fingerprint impressions for
subsequent arrest notification pursuant to Section 11105.2.
(d) Every individual certified as a fingerprint roller shall meet
the following criteria:
(1) Be a legal resident of this state at the time of
certification.
(2) Be at least 18 years of age.
(3) Have satisfactorily completed a notarized written application
prescribed by the department to determine the fitness of the person
to exercise the functions of a fingerprint roller.
(e) Prior to granting a certificate as a fingerprint roller, the
department shall determine that the applicant possesses the required
honesty, credibility, truthfulness, and integrity to fulfill the
responsibilities of the position.
(f) (1) The department shall refuse to certify any individual as a
fingerprint roller, and shall revoke the certification of any
fingerprint roller, upon either of the following:
(A) Conviction of a felony offense.
(B) Conviction of any other offense that both involves moral
turpitude, dishonesty, or fraud, and bears on the applicant's ability
to perform the duties or responsibilities of a fingerprint roller.
(2) A conviction after a plea of nolo contendere is deemed to be a
conviction for purposes of this subdivision.
(g) In addition to subdivision (f), the department may refuse to
certify any individual as a fingerprint roller, and may revoke or
suspend the certification of any fingerprint roller upon any of the
following:
(1) Substantial and material misstatement or omission in the
application submitted to the department.
(2) Arrest pending adjudication for a felony.
(3) Arrest pending adjudication for a lesser offense that both
involves moral turpitude, dishonesty, or fraud, and bears on the
applicant's ability to perform the duties or responsibilities of a
fingerprint roller.
(4) Revocation, suspension, restriction, or denial of a
professional license, if the revocation, suspension, restriction, or
denial was for misconduct, dishonesty, or for any cause substantially
related to the duties or responsibilities of a fingerprint roller.
(5) Failure to discharge fully and faithfully any of the duties or
responsibilities required of a fingerprint roller.
(6) When adjudged liable for damages in any suit grounded in
fraud, misrepresentation, or in violation of the state regulatory
laws, or in any suit based upon a failure to discharge fully and
faithfully the duties of a fingerprint roller.
(7) Use of false or misleading advertising in which the
fingerprint roller has represented that he or she has duties, rights,
or privileges that he or she does not possess by law.
(8) Commission of any act involving dishonesty, fraud, or deceit
with the intent to substantially benefit the fingerprint roller or
another, or to substantially injure another.
(9) Failure to submit any remittance payable upon demand by the
department under this section or failure to satisfy any court ordered
money judgment, including restitution.
(h) The Department of Justice shall work with applicant regulatory
entities to improve and make more efficient the criminal offender
record information request process related to employment, licensing,
and certification background investigations.
(i) The Department of Justice may adopt regulations as necessary
to implement the provisions of this section.
(j) The department shall charge a fee sufficient to cover its
costs under this section.


11103. The Attorney General shall keep on file in the office of the
bureau a record consisting of duplicates of all measurements,
processes, operations, signaletic cards, measurements, and
descriptions of all persons confined in penal institutions of the
state as far as possible, in accordance with whatever system or
systems may be commonly used in the state.



11104. The Attorney General shall file all measurements,
information and descriptions received and shall make a complete and
systematic record and index, providing a method of convenience,
consultation, and comparison.



11105. (a) (1) The Department of Justice shall maintain state
summary criminal history information.
(2) As used in this section:
(A) "State summary criminal history information" means the master
record of information compiled by the Attorney General pertaining to
the identification and criminal history of any person, such as name,
date of birth, physical description, fingerprints, photographs, date
of arrests, arresting agencies and booking numbers, charges,
dispositions, and similar data about the person.
(B) "State summary criminal history information" does not refer to
records and data compiled by criminal justice agencies other than
the Attorney General, nor does it refer to records of complaints to
or investigations conducted by, or records of intelligence
information or security procedures of, the office of the Attorney
General and the Department of Justice.
(b) The Attorney General shall furnish state summary criminal
history information to any of the following, if needed in the course
of their duties, provided that when information is furnished to
assist an agency, officer, or official of state or local government,
a public utility, or any other entity, in fulfilling employment,
certification, or licensing duties, Chapter 1321 of the Statutes of
1974 and Section 432.7 of the Labor Code shall apply:
(1) The courts of the state.
(2) Peace officers of the state, as defined in Section 830.1,
subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section
830.3, subdivisions (a) and (b) of Section 830.5, and subdivision
(a) of Section 830.31.
(3) District attorneys of the state.
(4) Prosecuting city attorneys of any city within the state.
(5) City attorneys pursuing civil gang injunctions pursuant to
Section 186.22a, or drug abatement actions pursuant to Section 3479
or 3480 of the Civil Code, or Section 11571 of the Health and Safety
Code.
(6) Probation officers of the state.
(7) Parole officers of the state.
(8) A public defender or attorney of record when representing a
person in proceedings upon a petition for a certificate of
rehabilitation and pardon pursuant to Section 4852.08.
(9) A public defender or attorney of record when representing a
person in a criminal case, or parole revocation or revocation
extension proceeding, and if authorized access by statutory or
decisional law.
(10) Any agency, officer, or official of the state if the criminal
history information is required to implement a statute or regulation
that expressly refers to specific criminal conduct applicable to the
subject person of the state summary criminal history information,
and contains requirements or exclusions, or both, expressly based
upon that specified criminal conduct. The agency, officer, or
official of the state authorized by this paragraph to receive state
summary criminal history information may also transmit fingerprint
images and related information to the Department of Justice to be
transmitted to the Federal Bureau of Investigation.
(11) Any city or county, city and county, district, or any officer
or official thereof if access is needed in order to assist that
agency, officer, or official in fulfilling employment, certification,
or licensing duties, and if the access is specifically authorized by
the city council, board of supervisors, or governing board of the
city, county, or district if the criminal history information is
required to implement a statute, ordinance, or regulation that
expressly refers to specific criminal conduct applicable to the
subject person of the state summary criminal history information, and
contains requirements or exclusions, or both, expressly based upon
that specified criminal conduct. The city or county, city and county,
district, or the officer or official thereof authorized by this
paragraph may also transmit fingerprint images and related
information to the Department of Justice to be transmitted to the
Federal Bureau of Investigation.
(12) The subject of the state summary criminal history information
under procedures established under Article 5 (commencing with
Section 11120).
(13) Any person or entity when access is expressly authorized by
statute if the criminal history information is required to implement
a statute or regulation that expressly refers to specific criminal
conduct applicable to the subject person of the state summary
criminal history information, and contains requirements or
exclusions, or both, expressly based upon that specified criminal
conduct.
(14) Health officers of a city, county, city and county, or
district when in the performance of their official duties enforcing
Section 120175 of the Health and Safety Code.
(15) Any managing or supervising correctional officer of a county
jail or other county correctional facility.
(16) Any humane society, or society for the prevention of cruelty
to animals, for the specific purpose of complying with Section 14502
of the Corporations Code for the appointment of level 1 humane
officers.
(17) Local child support agencies established by Section 17304 of
the Family Code. When a local child support agency closes a support
enforcement case containing summary criminal history information, the
agency shall delete or purge from the file and destroy any documents
or information concerning or arising from offenses for or of which
the parent has been arrested, charged, or convicted, other than for
offenses related to the parent's having failed to provide support for
minor children, consistent with the requirements of Section 17531 of
the Family Code.
(18) County child welfare agency personnel who have been delegated
the authority of county probation officers to access state summary
criminal history information pursuant to Section 272 of the Welfare
and Institutions Code for the purposes specified in Section 16504.5
of the Welfare and Institutions Code. Information from criminal
history records provided pursuant to this subdivision shall not be
used for any purposes other than those specified in this section and
Section 16504.5 of the Welfare and Institutions Code. When an agency
obtains records obtained both on the basis of name checks and
fingerprint checks, final placement decisions shall be based only on
the records obtained pursuant to the fingerprint check.
(19) The court of a tribe, or court of a consortium of tribes,
that has entered into an agreement with the state pursuant to Section
10553.1 of the Welfare and Institutions Code. This information may
be used only for the purposes specified in Section 16504.5 of the
Welfare and Institutions Code and for tribal approval or tribal
licensing of foster care or adoptive homes. Article 6 (commencing
with Section 11140) shall apply to officers, members, and employees
of a tribal court receiving criminal record offender information
pursuant to this section.
(20) Child welfare agency personnel of a tribe or consortium of
tribes that has entered into an agreement with the state pursuant to
Section 10553.1 of the Welfare and Institutions Code and to whom the
state has delegated duties under paragraph (2) of subdivision (a) of
Section 272 of the Welfare and Institutions Code. The purposes for
use of the information shall be for the purposes specified in Section
16504.5 of the Welfare and Institutions Code and for tribal approval
or tribal licensing of foster care or adoptive homes. When an agency
obtains records on the basis of name checks and fingerprint checks,
final placement decisions shall be based only on the records obtained
pursuant to the fingerprint check. Article 6 (commencing with
Section 11140) shall apply to child welfare agency personnel
receiving criminal record offender information pursuant to this
section.
(21) An officer providing conservatorship investigations pursuant
to Sections 5351, 5354, and 5356 of the Welfare and Institutions
Code.
(22) A court investigator providing investigations or reviews in
conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of
the Probate Code.
(23) A person authorized to conduct a guardianship investigation
pursuant to Section 1513 of the Probate Code.
(c) The Attorney General may furnish state summary criminal
history information and, when specifically authorized by this
subdivision, federal level criminal history information upon a
showing of a compelling need to any of the following, provided that
when information is furnished to assist an agency, officer, or
official of state or local government, a public utility, or any other
entity in fulfilling employment, certification, or licensing duties,
Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor
Code shall apply:
(1) Any public utility, as defined in Section 216 of the Public
Utilities Code, that operates a nuclear energy facility when access
is needed in order to assist in employing persons to work at the
facility, provided that, if the Attorney General supplies the data,
he or she shall furnish a copy of the data to the person to whom the
data relates.
(2) To a peace officer of the state other than those included in
subdivision (b).
(3) To an illegal dumping enforcement officer as defined in
subdivision (j) of Section 830.7.
(4) To a peace officer of another country.
(5) To public officers, other than peace officers, of the United
States, other states, or possessions or territories of the United
States, provided that access to records similar to state summary
criminal history information is expressly authorized by a statute of
the United States, other states, or possessions or territories of the
United States if the information is needed for the performance of
their official duties.
(6) To any person when disclosure is requested by a probation,
parole, or peace officer with the consent of the subject of the state
summary criminal history information and for purposes of furthering
the rehabilitation of the subject.
(7) The courts of the United States, other states, or territories
or possessions of the United States.
(8) Peace officers of the United States, other states, or
territories or possessions of the United States.
(9) To any individual who is the subject of the record requested
if needed in conjunction with an application to enter the United
States or any foreign nation.
(10) (A) Any public utility, as defined in Section 216 of the
Public Utilities Code, or any cable corporation as defined in
subparagraph (B), if receipt of criminal history information is
needed in order to assist in employing current or prospective
employees, contract employees, or subcontract employees who, in the
course of their employment may be seeking entrance to private
residences or adjacent grounds. The information provided shall be
limited to the record of convictions and any arrest for which the
person is released on bail or on his or her own recognizance pending
trial.
If the Attorney General supplies the data pursuant to this
paragraph, the Attorney General shall furnish a copy of the data to
the current or prospective employee to whom the data relates.
Any information obtained from the state summary criminal history
is confidential and the receiving public utility or cable corporation
shall not disclose its contents, other than for the purpose for
which it was acquired. The state summary criminal history information
in the possession of the public utility or cable corporation and all
copies made from it shall be destroyed not more than 30 days after
employment or promotion or transfer is denied or granted, except for
those cases where a current or prospective employee is out on bail or
on his or her own recognizance pending trial, in which case the
state summary criminal history information and all copies shall be
destroyed not more than 30 days after the case is resolved.
A violation of this paragraph is a misdemeanor, and shall give the
current or prospective employee who is injured by the violation a
cause of action against the public utility or cable corporation to
recover damages proximately caused by the violations. Any public
utility's or cable corporation's request for state summary criminal
history information for purposes of employing current or prospective
employees who may be seeking entrance to private residences or
adjacent grounds in the course of their employment shall be deemed a
"compelling need" as required to be shown in this subdivision.
Nothing in this section shall be construed as imposing any duty
upon public utilities or cable corporations to request state summary
criminal history information on any current or prospective employees.

(B) For purposes of this paragraph, "cable corporation" means any
corporation or firm that transmits or provides television, computer,
or telephone services by cable, digital, fiber optic, satellite, or
comparable technology to subscribers for a fee.
(C) Requests for federal level criminal history information
received by the Department of Justice from entities authorized
pursuant to subparagraph (A) shall be forwarded to the Federal Bureau
of Investigation by the Department of Justice. Federal level
criminal history information received or compiled by the Department
of Justice may then be disseminated to the entities referenced in
subparagraph (A), as authorized by law.
(D) (i) Authority for a cable corporation to request state or
federal level criminal history information under this paragraph shall
commence July 1, 2005.
(ii) Authority for a public utility to request federal level
criminal history information under this paragraph shall commence July
1, 2005.
(11) To any campus of the California State University or the
University of California, or any four-year college or university
accredited by a regional accreditation organization approved by the
United States Department of Education, if needed in conjunction with
an application for admission by a convicted felon to any special
education program for convicted felons, including, but not limited
to, university alternatives and halfway houses. Only conviction
information shall be furnished. The college or university may require
the convicted felon to be fingerprinted, and any inquiry to the
department under this section shall include the convicted felon's
fingerprints and any other information specified by the department.
(d) Whenever an authorized request for state summary criminal
history information pertains to a person whose fingerprints are on
file with the Department of Justice and the department has no
criminal history of that person, and the information is to be used
for employment, licensing, or certification purposes, the fingerprint
card accompanying the request for information, if any, may be
stamped "no criminal record" and returned to the person or entity
making the request.
(e) Whenever state summary criminal history information is
furnished as the result of an application and is to be used for
employment, licensing, or certification purposes, the Department of
Justice may charge the person or entity making the request a fee that
it determines to be sufficient to reimburse the department for the
cost of furnishing the information. In addition, the Department of
Justice may add a surcharge to the fee to fund maintenance and
improvements to the systems from which the information is obtained.
Notwithstanding any other law, any person or entity required to pay a
fee to the department for information received under this section
may charge the applicant a fee sufficient to reimburse the person or
entity for this expense. All moneys received by the department
pursuant to this section, Sections 11105.3 and 12054 of the Penal
Code, and Section 13588 of the Education Code shall be deposited in a
special account in the General Fund to be available for expenditure
by the department to offset costs incurred pursuant to those sections
and for maintenance and improvements to the systems from which the
information is obtained upon appropriation by the Legislature.
(f) Whenever there is a conflict, the processing of criminal
fingerprints and fingerprints of applicants for security guard or
alarm agent registrations or firearms qualification permits submitted
pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the
Business and Professions Code shall take priority over the processing
of other applicant fingerprints.
(g) It is not a violation of this section to disseminate
statistical or research information obtained from a record, provided
that the identity of the subject of the record is not disclosed.
(h) It is not a violation of this section to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record if the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.
(i) Notwithstanding any other law, the Department of Justice or
any state or local law enforcement agency may require the submission
of fingerprints for the purpose of conducting summary criminal
history information checks that are authorized by law.
(j) The state summary criminal history information shall include
any finding of mental incompetence pursuant to Chapter 6 (commencing
with Section 1367) of Title 10 of Part 2 arising out of a complaint
charging a felony offense specified in Section 290.
(k) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by an authorized agency or
organization and the information is to be used for peace officer
employment or certification purposes. As used in this subdivision, a
peace officer is defined in Chapter 4.5 (commencing with Section 830)
of Title 3 of Part 2.
(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction rendered against the applicant.
(B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
(C) Every arrest or detention, except for an arrest or detention
resulting in an exoneration, provided however that where the records
of the Department of Justice do not contain a disposition for the
arrest, the Department of Justice first makes a genuine effort to
determine the disposition of the arrest.
(D) Every successful diversion.
(l) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by a criminal justice
agency or organization as defined in Section 13101 of the Penal Code,
and the information is to be used for criminal justice employment,
licensing, or certification purposes.
(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction rendered against the applicant.
(B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
(C) Every arrest for an offense for which the records of the
Department of Justice do not contain a disposition or did not result
in a conviction, provided that the Department of Justice first makes
a genuine effort to determine the disposition of the arrest. However,
information concerning an arrest shall not be disclosed if the
records of the Department of Justice indicate or if the genuine
effort reveals that the subject was exonerated, successfully
completed a diversion or deferred entry of judgment program, or the
arrest was deemed a detention.
(m) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by an authorized agency or
organization pursuant to Section 1522, 1568.09, 1569.17, or 1596.871
of the Health and Safety Code, or any statute that incorporates the
criteria of any of those sections or this subdivision by reference,
and the information is to be used for employment, licensing, or
certification purposes.
(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction of an offense rendered against the applicant.

(B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
(C) Every arrest for an offense for which the Department of Social
Services is required by paragraph (1) of subdivision (a) of Section
1522 of the Health and Safety Code to determine if an applicant has
been arrested. However, if the records of the Department of Justice
do not contain a disposition for an arrest, the Department of Justice
shall first make a genuine effort to determine the disposition of
the arrest.
(3) Notwithstanding the requirements of the sections referenced in
paragraph (1) of this subdivision, the Department of Justice shall
not disseminate information about an arrest subsequently deemed a
detention or an arrest that resulted in either the successful
completion of a diversion program or exoneration.
(n) (1) This subdivision shall apply whenever state or federal
summary criminal history information, to be used for employment,
licensing, or certification purposes, is furnished by the Department
of Justice as the result of an application by an authorized agency,
organization, or individual pursuant to any of the following:
(A) Paragraph (9) of subdivision (c), when the information is to
be used by a cable corporation.
(B) Section 11105.3 or 11105.4.
(C) Section 15660 of the Welfare and Institutions Code.
(D) Any statute that incorporates the criteria of any of the
statutory provisions listed in subparagraph (A), (B), or (C), or of
this subdivision, by reference.
(2) With the exception of applications submitted by transportation
companies authorized pursuant to Section 11105.3, and
notwithstanding any other provision of law, whenever state summary
criminal history information is furnished pursuant to paragraph (1),
the Department of Justice shall disseminate the following
information:
(A) Every conviction rendered against the applicant for a
violation or attempted violation of any offense specified in
subdivision (a) of Section 15660 of the Welfare and Institutions
Code. However, with the exception of those offenses for which
registration is required pursuant to Section 290, the Department of
Justice shall not disseminate information pursuant to this
subdivision unless the conviction occurred within 10 years of the
date of the agency's request for information or the conviction is
over 10 years old but the subject of the request was incarcerated
within 10 years of the agency's request for information.
(B) Every arrest for a violation or attempted violation of an
offense specified in subdivision (a) of Section 15660 of the Welfare
and Institutions Code for which the applicant is presently awaiting
trial, whether the applicant is incarcerated or has been released on
bail or on his or her own recognizance pending trial.
(o) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by an authorized agency or
organization pursuant to Section 261 or 777.5 of the Financial Code,
or any statute that incorporates the criteria of either of those
sections or this subdivision by reference, and the information is to
be used for employment, licensing, or certification purposes.
(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction rendered against the applicant for a
violation or attempted violation of any offense specified in Section
777.5 of the Financial Code.
(B) Every arrest for a violation or attempted violation of an
offense specified in Section 777.5 of the Financial Code for which
the applicant is presently awaiting trial, whether the applicant is
incarcerated or has been released on bail or on his or her own
recognizance pending trial.
(p) (1) This subdivision shall apply whenever state or federal
criminal history information is furnished by the Department of
Justice as the result of an application by an agency, organization,
or individual not defined in subdivision (k), (l), (m), (n), or (o),
or by a transportation company authorized pursuant to Section
11105.3, or any statute that incorporates the criteria of that
section or this subdivision by reference, and the information is to
be used for employment, licensing, or certification purposes.
(2) Notwithstanding any other provisions of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction rendered against the applicant.
(B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
(q) All agencies, organizations, or individuals defined in
subdivisions (k), (l), (m), (n), (o), and (p) may contract with the
Department of Justice for subsequent arrest notification pursuant to
Section 11105.2. This subdivision shall not supersede sections that
mandate an agency, organization, or individual to contract with the
Department of Justice for subsequent arrest notification pursuant to
Section 11105.2.
(r) Nothing in this section shall be construed to mean that the
Department of Justice shall cease compliance with any other statutory
notification requirements.
(s) The provisions of Section 50.12 of Title 28 of the Code of
Federal Regulations are to be followed in processing federal criminal
history information.


11105.01. In addition to furnishing state summary criminal history
information to the persons and entities set forth in Section 11105
and subject to the requirements and conditions set forth in that
section, the Attorney General shall furnish state summary criminal
history information to the Director, the Deputy Director for
Security, and lottery security officers of the California State
Lottery.



11105.02. In addition to furnishing state summary criminal history
information to the persons and entities set forth in Section 11105
and subject to the requirements and conditions set forth in that
section, the Attorney General shall furnish state summary criminal
history information upon a showing of a compelling need to any city,
county, city and county, or district, or any officer or official
thereof, when needed to assist in the screening of a prospective
concessionaire and their affiliates or associates, as these terms are
defined in subdivision (k) of Section 432.7 of the Labor Code for
purposes of consenting to, or approving of, the prospective
concessionaire's application for, or acquisition of, any beneficial
interest in a concession, lease, or other property interest.
Any local government's request for state summary criminal history
information for purposes of screening a prospective concessionaire
and their affiliates or associates before approving or denying an
application for, or acquisition of, any beneficial interest in a
concession, lease, or other property interest is deemed a "compelling
need" as required by this section. However, only state summary
criminal history information pertaining to criminal convictions, or
to arrests for offenses for which the person being screened is
incarcerated or has been released on bail or on his or her own
recognizance pending trial, may be obtained pursuant to this section.

Any information obtained from the state summary criminal history
information is confidential and the receiving local government shall
not disclose its contents, other than for the purpose for which it
was acquired. The state summary criminal history information in the
possession of the local government and all copies made from it shall
be destroyed not more than 30 days after the local government's final
decision to grant or deny consent to, or approval of, the
prospective concessionaire's application for, or acquisition of, a
beneficial interest in a concession, lease, or other property
interest. Nothing in this section shall be construed as imposing any
duty upon a local government, or any officer or official thereof, to
request state summary criminal history information on any current or
prospective concessionaire or the affiliates or associates of that
concessionaire.



11105.03. (a) Subject to the requirements and conditions set forth
in this section and Section 11105, local law enforcement agencies are
hereby authorized to provide state criminal summary history
information obtained through CLETS for the purpose of screening
prospective participants and prospective and current staff of a
regional, county, city, or other local public housing authority, at
the request of the chief executive officer of the authority or his or
her designee, upon a showing by that authority that the authority
manages a Section 8 housing program pursuant to federal law (U.S.
Housing Act of 1937), or operates housing at which children under the
age of 18 years reside or operates housing for persons categorized
as aged, blind, or disabled.
(b) The following requirements shall apply to information released
by local law enforcement agencies pursuant to subdivision (a):
(1) Local law enforcement agencies shall not release any
information unless it relates to a conviction for a serious felony,
as defined in subdivision (c) of Section 1192.7, a conviction for any
offense punishable under Section 273.5, 422.6, 422.7, 422.75, 422.9,
1170.75, 12020, 12021, or 12021.1, a conviction under Section 273.6
that involves a violation of a protective order, as defined in
Section 6218 of the Family Code, or a conviction for any felony
offense that involves controlled substances or alcoholic beverages,
or any felony offense that involves any activity related to
controlled substances or alcoholic beverages, or a conviction for any
offense that involves domestic violence, as defined in Section
13700.
(2) Local law enforcement agencies shall not release any
information concerning any arrest for an offense that did not result
in a conviction.
(3) Local law enforcement agencies shall not release any
information concerning any offense committed by a person who was
under 18 years of age at the time he or she committed the offense.
(4) Local law enforcement agencies shall release any information
concerning any conviction or release from custody that occurred
within 10 years of the date on which the request for information is
submitted to the Attorney General, unless the conviction was based
upon a felony offense that involved controlled substances or
alcoholic beverages or a felony offense that involved any activity
related to controlled substances or alcoholic beverages. Where a
conviction was based on any of these felony offenses, local law
enforcement agencies shall release any information concerning this
conviction if the conviction occurred within five years of the date
on which a request for the information was submitted.
(5) Notwithstanding paragraph (4), if information that meets the
requirements of paragraphs (2) to (4), inclusive, is located and the
information reveals a conviction of an offense specified in paragraph
(1), local law enforcement agencies shall release all summary
criminal history information concerning the person whether or not the
information meets the requirements of paragraph (4), provided,
however, that the information meets the requirements of paragraphs
(1) to (3), inclusive.
(6) Information released to the local public housing authority
pursuant to this section shall also be released to parole or
probation officers at the same time.
(c) State summary criminal history information shall be used by
the chief executive officer of the housing authority or a designee
only for purposes of identifying prospective participants in
subsidized programs and prospective and current staff who have access
to residences, whose criminal history is likely to pose a risk to
children under the age of 18 years or persons categorized as aged,
blind, or disabled living in the housing operated by the authority.
(d) If a housing authority obtains summary criminal history
information for the purpose of screening a prospective participant
pursuant to this section, it shall review and evaluate that
information in the context of other available information and shall
not evaluate the person's suitability as a prospective participant
based solely on his or her past criminal history.
(e) If a housing authority determines that a prospective
participant is not eligible as a resident, it shall promptly notify
him or her of the basis for its determination and, upon request,
shall provide him or her within a reasonable time after the
determination is made with an opportunity for an informal hearing on
the determination in accordance with Section 960.207 of Title 24 of
the Code of Federal Regulations.
(f) Any information obtained from state summary criminal history
information pursuant to this section is confidential and the
recipient public housing authority shall not disclose or use the
information for any purpose other than that authorized by this
section. The state summary criminal history information in the
possession of the authority and all copies made from it shall be
destroyed not more than 30 days after the authority's final decision
whether to act on the housing status of the individual to whom the
information relates.
(g) The local public housing authority receiving state summary
criminal history information pursuant to this section shall adopt
regulations governing the receipt, maintenance, and use of the
information. The regulations shall include provisions that require
notice that the authority has access to criminal records of
participants and employees who have access to programs.
(h) Use of this information is to be consistent with Title 24 of
the Code of Federal Regulations and the current regulations adopted
by the housing authority using the information.
(i) Nothing in this section shall be construed to require a
housing authority to request and review an applicant's criminal
history.
(j) The California Housing Authorities Association, after
compiling data from all public housing authorities that receive
summary criminal information pursuant to this chapter, shall report
its findings based upon this data to the Legislature prior to January
1, 2000.


11105.04. (a) A designated Court Appointed Special Advocate (CASA)
program may submit to the Department of Justice fingerprint images
and related information of employment and volunteer candidates for
the purpose of obtaining information as to the existence and nature
of any record of child abuse investigations contained in the Child
Abuse Central Index, state- or federal-level convictions, or state-
or federal-level arrests for which the department establishes that
the applicant was released on bail or on his or her own recognizance
pending trial. Requests for federal-level criminal offender record
information received by the department pursuant to this section shall
be forwarded to the Federal Bureau of Investigation by the
department.
(b) When requesting state-level criminal offender record
information pursuant to this section, the designated CASA program
shall request subsequent arrest notification, pursuant to Section
11105.2 of the Penal Code, for all employment and volunteer
candidates.
(c) The department shall respond to the designated CASA program
with information as delineated in subdivision (p) of Section 11105 of
the Penal Code.
(d) The department shall charge a fee sufficient to cover the cost
of processing the requests for state- and federal-level criminal
offender record information.
(e) For purposes of this section, a designated CASA program is a
local court-appointed special advocate program that has adopted and
adheres to the guidelines established by the Judicial Council and
which has been designated by the local presiding juvenile court judge
to recruit, screen, select, train, supervise, and support lay
volunteers to be appointed by the court to help define the best
interests of children in juvenile court dependency and wardship
proceedings. For purposes of this section, there shall be only one
designated CASA program in each California county.
(f) This section shall become operative on July 1, 2004.



11105.05. Any information generated pursuant to the provisions of
paragraph (11) of subdivision (c) of Section 11105 shall be destroyed
at the end of the limitation period for the filing of a civil action
arising out of the screening or accreditation of persons as current
or prospective employees, concessionaires and contractors and their
subcontractors, agents and employees for Olympic Games purposes. The
knowing and willful failure to (1) notify the recipient as required
by Section 11105, or (2) to destroy any information as required by
this section, is a misdemeanor punishable in a county jail not
exceeding one year or by a fine not exceeding one thousand dollars
($1,000) or both.


11105.1. (a) The following persons shall be furnished with state
summary criminal history information when needed in the course of
their duties:
(1) The director of a state hospital or other treatment facility
to which a person is committed for treatment under Sections 1026 and
1370 of the Penal Code, or Section 5250, if committed for being
dangerous to others, or Section 5300, or former Section 6316 or 6321,
of the Welfare and Institutions Code.
(2) The community program director or the director's designee
under any of the following conditions:
(A) When ordered to evaluate a defendant for the court under
paragraph (2) of subdivision (a) of Section 1370 and subdivision (b)
of Section 1026 of the Penal Code, or paragraph (2) of subdivision
(a) of former Section 6316 of the Welfare and Institutions Code.
(B) When ordered to provide outpatient treatment and supervision
services under Title 15 (commencing with Section 1600) of Part 2 of
the Penal Code.
(C) When a patient is committed for being dangerous to others
under Section 5250 of the Welfare and Institutions Code.
(D) When the director or the director's designee provides
evaluation, supervision, or treatment for a person under Section 2964
or 2972.
(3) The officer providing conservatorship investigation under
Section 5354 of the Welfare and Institutions Code in cases where
referral for conservatorship is made while the proposed conservatee
is being treated under Section 1026 or 1370 of the Penal Code or
Section 5250, if committed for being dangerous to others, or Section
5300, or former Section 6316 or 6321, of the Welfare and Institutions
Code.
(b) In all instances pursuant to subdivision (a), the criminal
history record shall be transmitted by the court with the request
for evaluation or during the conservatorship investigation or with
the order committing the person to a treatment facility or approving
outpatient status, except that the director of a state hospital, the
county mental health director, and the officer providing
conservatorship investigation may receive the state summary criminal
history information from the law enforcement agency that referred the
person for evaluation and treatment under Section 5150 of the
Welfare and Institutions Code if the person has been subsequently
committed for being dangerous to others under Section 5250 of the
Welfare and Institutions Code. Information obtained under this
subdivision shall not be included in any document which will become
part of a public record.


11105.2. (a) The Department of Justice may provide subsequent
arrest notification to any agency authorized by Section 11105 to
receive state summary criminal history information to assist in
fulfilling employment, licensing, certification duties, or the duties
of approving relative caregivers and nonrelative extended family
members, upon the arrest of any person whose fingerprints are
maintained on file at the Department of Justice as the result of an
application for licensing, employment, certification, or approval.
The notification shall consist of a current copy of the person's
state summary criminal history transcript.
(b) For purposes of this section, "approval" means those duties
described in subdivision (d) of Section 309 of the Welfare and
Institutions Code for approving the home of a relative caregiver or
of a nonrelative extended family member for placement of a child
supervised by the juvenile court.
(c) Any agency, other than a law enforcement agency employing
peace officers as defined in Section 830.1, subdivisions (a) and (e)
of Section 830.2, subdivision (a) of Section 830.3, subdivisions (a)
and (b) of Section 830.5, and subdivision (a) of Section 830.31,
shall enter into a contract with the Department of Justice in order
to receive notification of subsequent arrests for licensing,
employment, or certification purposes.
(d) Any agency which submits the fingerprints of applicants for
licensing, employment, certification, or approval to the Department
of Justice for the purpose of establishing a record of the applicant
to receive notification of subsequent arrests shall immediately
notify the department when the employment of the applicant is
terminated, when the applicant's license or certificate is revoked,
when the applicant may no longer renew or reinstate the license or
certificate, or when a relative caregiver's or nonrelative extended
family member's approval is terminated. The Department of Justice
shall terminate subsequent arrest notification on any applicant upon
the request of the licensing, employment, certifying, or approving
authority.
(e) Any agency receiving a notification of subsequent arrest for a
person unknown to the agency, or for a person no longer employed by
the agency, or no longer eligible to renew the certificate or license
for which subsequent arrest notification service was established
shall immediately return the subsequent arrest notification to the
Department of Justice, informing the department that the agency is no
longer interested in the applicant. The agency shall not record or
otherwise retain any information received as a result of the
subsequent arrest notice.
(f) Any agency which submits the fingerprints of an applicant for
employment, licensing, certification, or approval to the Department
of Justice for the purpose of establishing a record at the department
to receive notification of subsequent arrest shall immediately
notify the department if the applicant is not subsequently employed,
or if the applicant is denied licensing certification, or approval.
(g) An agency which fails to provide the Department of Justice
with notification as set forth in subdivisions (c), (d), and (e) may
be denied further subsequent arrest notification service.
(h) Notwithstanding subdivisions (c), (d), and (f), subsequent
arrest notification by the Department of Justice and retention by the
employing agency shall continue as to retired peace officers listed
in subdivision (c) of Section 830.5.



11105.3. (a) Notwithstanding any other law, a human resource agency
or an employer may request from the Department of Justice records of
all convictions or any arrest pending adjudication involving the
offenses specified in subdivision (a) of Section 15660 of the Welfare
and Institutions Code of a person who applies for a license,
employment, or volunteer position, in which he or she would have
supervisory or disciplinary power over a minor or any person under
his or her care. The department shall furnish the information to the
requesting employer and shall also send a copy of the information to
the applicant.
(b) Any request for records under subdivision (a) shall include
the applicant's fingerprints, which may be taken by the requester,
and any other data specified by the department. The request shall be
on a form approved by the department, and the department may charge
a fee to be paid by the employer, human resource agency, or applicant
for the actual cost of processing the request. However, no fee
shall be charged to a nonprofit organization. Requests received by
the department for federal level criminal offender record information
shall be forwarded to the Federal Bureau of Investigation by the
department to be searched for any record of arrests or convictions.
(c) (1) Where a request pursuant to this section reveals that a
prospective employee or volunteer has been convicted of a violation
or attempted violation of Section 220, 261.5, 262, 273a, 273d, or
273.5, or any *** offense listed in Section 290, except for the
offense specified in subdivision (d) of Section 243.4, and where the
agency or employer hires the prospective employee or volunteer, the
agency or employer shall notify the parents or guardians of any minor
who will be supervised or disciplined by the employee or volunteer.
A conviction for a violation or attempted violation of an offense
committed outside the State of California shall be included in this
notice if the offense would have been a crime specified in this
subdivision if committed in California. The notice shall be given to
the parents or guardians with whom the child resides, and shall be
given at least 10 days prior to the day that the employee or
volunteer begins his or her duties or tasks. Notwithstanding any
other provision of law, any person who conveys or receives
information in good faith and in conformity with this section is
exempt from prosecution under Section 11142 or 11143 for that
conveying or receiving of information. Notwithstanding subdivision
(d), the notification requirements of this subdivision shall apply as
an additional requirement of any other provision of law requiring
criminal record access or dissemination of criminal history
information.
(2) The notification requirement pursuant to paragraph (1) shall
not apply to a misdemeanor conviction for violating Section 261.5 or
to a conviction for violating Section 262 or 273.5. Nothing in this
paragraph shall preclude an employer from requesting records of
convictions for violating Section 261.5, 262, or 273.5 from the
Department of Justice pursuant to this section.
(d) Nothing in this section supersedes any law requiring criminal
record access or dissemination of criminal history information. In
any conflict with another statute, dissemination of criminal history
information shall be pursuant to the mandatory statute. This
subdivision applies to, but is not limited to, requirements pursuant
to Article 1 (commencing with Section 1500) of Chapter 3 of, and
Chapter 3.2 (commencing with Section 1569) and Chapter 3.4
(commencing with Section 1596.70) of, Division 2 of, and Section 1522
of, the Health and Safety Code, and Sections 8712, 8811, and 8908 of
the Family Code.
(e) The department may adopt regulations to implement the
provisions of this section as necessary.
(f) As used in this section, "employer" means any nonprofit
corporation or other organization specified by the Attorney General
which employs or uses the services of volunteers in positions in
which the volunteer or employee has supervisory or disciplinary power
over a child or children.
(g) As used in this section, "human resource agency" means a
public or private entity, excluding any agency responsible for
licensing of facilities pursuant to the California Community Care
Facilities Act (Chapter 3 (commencing with Section 1500)), the
California Residential Care Facilities for the Elderly Act (Chapter
3.2 (commencing with Section 1569)), Chapter 3.01 (commencing with
Section 1568.01), and the California Child Day Care Facilities Act
(Chapter 3.4 (commencing with Section 1596.70)) of Division 2 of the
Health and Safety Code, responsible for determining the character and
fitness of a person who is:
(1) Applying for a license, employment, or as a volunteer within
the human services field that involves the care and security of
children, the elderly, the handicapped, or the mentally impaired.
(2) Applying to be a volunteer who transports individuals impaired
by drugs or alcohol.
(3) Applying to adopt a child or to be a foster parent.
(h) Except as provided in subdivision (c), any criminal history
information obtained pursuant to this section is confidential and no
recipient shall disclose its contents other than for the purpose for
which it was acquired.



11105.4. (a) Notwithstanding any other provision of law, a contract
or proprietary security organization may request any criminal
history information concerning its prospective employees that may be
furnished pursuant to subdivision (n) of Section 11105.
(b) The Department of Justice shall promulgate regulations to
assure that criminal record information is not released to persons or
entities not authorized to receive the information under this
section.
(c) Any criminal history information obtained pursuant to this
section shall be subject to the same requirements and conditions that
the information is subject to when obtained by a human resource
agency or a bank.
(d) The Legislature finds that contract security organizations and
private security organizations often provide security service for
financial institutions and human resource agencies, and,
consequently, they have the same need for criminal history
information as do those entities. Therefore, the Legislature intends
to provide authority for contract security organizations and
proprietary security organizations to obtain criminal history
information to the extent that financial institutions and human
resource agencies have that authority concerning their own employees.

(e) As used in this section, "contract security organization"
means a person, business, or organization licensed to provide
services as a private patrol operator, as defined in subdivision (a)
of Section 7582.1 of the Business and Professions Code.
As used in this section, "proprietary security organization" means
an organization within a business entity that has the primary
responsibility of protecting the employees and property of its
employer, and which allocates a substantial part of its annual budget
to providing security and protective services for its employer,
including providing qualifying and in-service training to members of
the organization.
(f) Any criminal history information obtained pursuant to this
section is confidential and no recipient shall disclose its contents
other than for the purpose for which it was acquired.



11105.5. When the Department of Justice receives a report that the
record of a person has been sealed under Section 851.7, 851.8, or
1203.45, it shall send notice of that fact to all officers and
agencies that it had previously notified of the arrest or other
proceedings against the person.



11105.6. Upon the request of a licensed bail agent or bail bond
licensee, as described in Sections 1276 and 1276.5, a local law
enforcement agency may furnish an individual's known aliases and
booking photograph, information identifying whether the individual
has been convicted of any violent felony, as defined in subdivision
(c) of Section 667.5, and an unaltered copy of the booking and
property record, excluding any medical information, to the agent or
licensee if all of the following circumstances exist:
(a) The information is from the record of a person for whom a
bench warrant has been issued, or for whom a bail forfeiture has been
ordered.
(b) The person described in subdivision (a) is a client of the
agent or licensee.
(c) The agent or licensee pays to the law enforcement agency a fee
equal to the cost of providing the information.
(d) Any information obtained pursuant to this section is
confidential and the recipient bail agent or bail bond licensee shall
not disclose its contents, other than for the purpose for which it
was acquired. A violation of this subdivision is a misdemeanor.




11105.7. (a) Notwithstanding any other provision of law, when a
person is required to submit fingerprints or a fingerprint card to
the Department of Justice for a criminal background investigation for
purposes of employment, certification, or licensing, and the
department determines either that it is impossible for the person to
submit fingerprints or that the submitted fingerprints are not
legible for identification purposes, the department, in its
discretion, shall do either of the following:
(1) Make a determination that the person presently is unable to
provide legible fingerprints, and therefore shall be deemed to have
complied with the statutory requirement to submit fingerprints. The
department, using available personal identifying data that the
department deems appropriate, shall then conduct a search to
determine if the person has a criminal history.
(2) Request that the person submit a second set of fingerprints or
obtain verification from another law enforcement agency that he or
she is unable to provide legible fingerprint impressions either
manually or electronically. If the department requests law
enforcement verification of the quality of fingerprints that the
person is able to provide, it may designate the law enforcement
agency that is to provide the verification and provide a form for the
verification. If the second set of fingerprints is illegible or if
the designated law enforcement agency verifies that the person is
unable to submit legible fingerprints, the person shall be deemed to
have complied with the statutory requirement to submit fingerprints,
and the department, using available personal identifying data it
deems appropriate, shall conduct a search to determine if the person
has a criminal history.
(b) After a search of its data bases pursuant to subdivision (a),
the department shall issue a certificate regarding the criminal
history of the applicant to the employing, licensing, or certifying
agency. This certificate shall indicate whether or not the applicant
has any reportable criminal history for purposes of the employment,
license, or certificate the applicant is seeking. The agency shall
be entitled to receive information regarding any reportable offenses
and may use this information to make a determination of eligibility.

(c) Whenever the department determines pursuant to this section
that a person has a criminal record, the person shall be provided an
opportunity to question the accuracy or completeness of any material
matter contained in the record, under the procedures provided in
Section 11126.
(d) It is the intent of the Legislature that this section shall
only apply to those persons who are unable to supply legible
fingerprints due to disability, illness, accident, or other
circumstances beyond their control and does not apply to persons who
are unable to provide fingerprints because of actions they have taken
to avoid submitting their fingerprints.



11105.75. (a) (1) If, in the course of performing a criminal
history background investigation for an agency or entity statutorily
authorized to receive a criminal history, the Department of Justice
determines that it appears that the applicant has criminal history
record information that the requesting agency is statutorily
authorized to receive, but the identity of the applicant cannot be
verified with fingerprints, the department shall provide a copy of
the criminal history record to the requesting agency or entity but
shall note any entries as to which the identity of the subject has
not been fingerprint verified.
(2) The department shall compare all available identifying
characteristics of the applicant with those that appear in the
criminal history information before responding to the requesting
agency or entity with conviction disposition information that has not
been fingerprint verified.
(b) If an agency or entity denies a license, certificate, or
employment based upon information received from the department that
is not fingerprint verified, the agency or entity shall notify the
applicant of its decision and that he or she may challenge the
identification. In that case, the applicant may appeal the decision
of the agency or entity on the grounds that the applicant is not the
person so identified.
(c) Neither the department nor any of its employees or any
requesting agency or entity shall be liable to any applicant for
misidentifications made pursuant to this section.



11106. (a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to paragraph
(3) of subdivision (c), the arrest and prosecution of criminals, and
the recovery of lost, stolen, or found property, the Attorney General
shall keep and properly file a complete record of all copies of
fingerprints, copies of licenses to carry firearms issued pursuant to
Section 12050, information reported to the Department of Justice
pursuant to Section 12053, dealers' records of sales of firearms,
reports provided pursuant to Section 12072 or 12078, forms provided
pursuant to Section 12084, as that section read prior to being
repealed by the act that amended this section, reports provided
pursuant to Section 12071 that are not dealers' records of sales of
firearms, and reports of stolen, lost, found, pledged, or pawned
property in any city or county of this state, and shall, upon proper
application therefor, furnish this information to the officers
referred to in Section 11105.
(b) (1) Except as provided in subdivision (d), the Attorney
General shall not retain or compile any information from reports
filed pursuant to subdivision (a) of Section 12078 for firearms that
are not handguns, from forms submitted pursuant to Section 12084, as
that section read prior to being repealed by the act that amended
this section, for firearms that are not handguns, or from dealers'
records of sales for firearms that are not handguns. All copies of
the forms submitted, or any information received in electronic form,
pursuant to Section 12084, as that section read prior to being
repealed by the act that amended this section, for firearms that are
not handguns, or of the dealers' records of sales for firearms that
are not handguns shall be destroyed within five days of the clearance
by the Attorney General, unless the purchaser or transferor is
ineligible to take possession of the firearm. All copies of the
reports filed, or any information received in electronic form,
pursuant to subdivision (a) of Section 12078 for firearms that are
not handguns shall be destroyed within five days of the receipt by
the Attorney General, unless retention is necessary for use in a
criminal prosecution.
(2) A peace officer, the Attorney General, a Department of Justice
employee designated by the Attorney General, or any authorized local
law enforcement employee shall not retain or compile any information
from a firearms transaction record, as defined in paragraph (5) of
subdivision (c) of Section 12071, for firearms that are not handguns
unless retention or compilation is necessary for use in a criminal
prosecution or in a proceeding to revoke a license issued pursuant to
Section 12071.
(3) A violation of this subdivision is a misdemeanor.
(c) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to Sections 12071, 12072, 12078, 12082, and former
Section 12084 or any other law, as to handguns and maintain a
registry thereof.
(2) The registry shall consist of all of the following:
(A) The name, address, identification of, place of birth (state or
country), complete telephone number, occupation, ***, description,
and all legal names and aliases ever used by the owner or person
being loaned the particular handgun as listed on the information
provided to the department on the Dealers' Record of Sale, the Law
Enforcement Firearms Transfer (LEFT), as defined in former Section
12084, or reports made to the department pursuant to Section 12078 or
any other law.
(B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular handgun and when
the firearm was acquired or loaned as listed on the information
provided to the department on the Dealers' Record of Sale, the LEFT,
or reports made to the department pursuant to Section 12078 or any
other law.
(C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular handgun acquiring or being loaned that firearm.
(D) The manufacturer's name if stamped on the firearm, model name
or number if stamped on the firearm, and, if applicable, the serial
number, other number (if more than one serial number is stamped on
the firearm), caliber, type of firearm, if the firearm is new or
used, barrel length, and color of the firearm.
(3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105, to a city attorney prosecuting a civil
action, solely for use in prosecuting that civil action and not for
any other purpose, or to the person listed in the registry as the
owner or person who is listed as being loaned the particular handgun.

(4) If any person is listed in the registry as the owner of a
firearm through a Dealers' Record of Sale prior to 1979, and the
person listed in the registry requests by letter that the Attorney
General store and keep the record electronically, as well as in the
record's existing photographic, photostatic, or nonerasable optically
stored form, the Attorney General shall do so within three working
days of receipt of the request. The Attorney General shall, in
writing, and as soon as practicable, notify the person requesting
electronic storage of the record that the request has been honored as
required by this paragraph.
(d) (1) Any officer referred to in paragraphs (1) to (6),
inclusive, of subdivision (b) of Section 11105 may disseminate the
name of the subject of the record, the number of the firearms listed
in the record, and the description of any firearm, including the
make, model, and caliber, from the record relating to any firearm's
sale, transfer, registration, or license record, or any information
reported to the Department of Justice pursuant to Section 12021.3,
12053, 12071, 12072, 12077, 12078, 12082, or 12285, if the following
conditions are met:
(A) The subject of the record has been arraigned for a crime in
which the victim is a person described in subdivisions (a) to (f),
inclusive, of Section 6211 of the Family Code and is being prosecuted
or is serving a sentence for the crime, or the subject of the record
is the subject of an emergency protective order, a temporary
restraining order, or an order after hearing, which is in effect and
has been issued by a family court under the Domestic Violence
Protection Act set forth in Division 10 (commencing with Section
6200) of the Family Code.
(B) The information is disseminated only to the victim of the
crime or to the person who has obtained the emergency protective
order, the temporary restraining order, or the order after hearing
issued by the family court.
(C) Whenever a law enforcement officer disseminates the
information authorized by this subdivision, that officer or another
officer assigned to the case shall immediately provide the victim of
the crime with a "Victims of Domestic Violence" card, as specified in
subparagraph (H) of paragraph (9) of subdivision (c) of Section
13701.
(2) The victim or person to whom information is disseminated
pursuant to this subdivision may disclose it as he or she deems
necessary to protect himself or herself or another person from bodily
harm by the person who is the subject of the record.




11106.1. Any system of microphotography, optical disk, or
reproduction by other techniques that do not permit additions,
deletions, or changes to the original document, may be used by the
Department of Justice as a photographic reproduction process to
record some or all instruments, papers, photographs, and notices that
are required or permitted by law to be recorded or filed. All
storage medium shall comply with minimum standards of quality
approved by the National Institute of Standards and Technology.



11106.2. Any criminal justice agency may cause any or all files or
records in its official custody to be microphotographed or otherwise
reproduced pursuant to Section 11106.1, as in the case of original
filings or recordings, or both. Every reproduction shall be deemed
and considered an original, and as a transcript, exemplification or
certified copy, as the case may be, of the original.



11106.3. Fingerprints may be stored or created in an electronic
format that does not permit additions, deletions or changes to the
original fingerprints so long as the storage medium complies with the
minimum standards of quality approved by the National Institute of
Standards and Technology.



11107. Each sheriff or police chief executive shall furnish all of
the following information to the Department of Justice on standard
forms approved by the department:
Daily reports of those misdemeanors and felonies that are required
to be reported by the Attorney General including, but not limited
to, forgery, fraud-bunco, bombings, receiving or selling stolen
property, safe and commercial burglary, grand theft, child abuse,
homicide, threats, and offenses involving lost, stolen, found,
pledged, or pawned property.
The reports required by this section shall describe the nature and
character of each such crime and note all particular circumstances
thereof and include all additional or supplemental data. The
Attorney General may also require that the report shall indicate
whether or not the submitting agency considers the information to be
confidential because it was compiled for the purpose of a criminal
investigation of suspected criminal activities. The term "criminal
investigation" includes the gathering and maintenance of information
pertaining to suspected criminal activity.



11107.5. The Attorney General shall report annually to the
Legislature concerning the information pertaining to the ***ual abuse
of children reported to the Department of Justice pursuant to
Sections 11107 and 11169. No confidential information shall be
released in the reports submitted to the Legislature.



11108. (a) Each sheriff or police chief executive shall submit
descriptions of serialized property, or nonserialized property that
has been uniquely inscribed, which has been reported stolen, lost,
found, recovered, held for safekeeping, or under observation,
directly into the appropriate Department of Justice automated
property system for firearms, stolen bicycles, stolen vehicles, or
other property, as the case may be.
(b) Information about a firearm entered into the automated system
for firearms shall remain in the system until the reported firearm
has been found, recovered, is no longer under observation, or the
record is determined to have been entered in error.
(c) Any costs incurred by the Department of Justice to implement
subdivision (b) shall be reimbursed from funds other than fees
charged and collected pursuant to subdivisions (e) and (f) of Section
12076.



11108.3. (a) In addition to the requirements of Section 11108 that
apply to a local law enforcement agency's duty to report to the
Department of Justice the recovery of a firearm, a police or sheriff'
s department shall, and any other law enforcement agency or agent
may, report to the department in a manner determined by the Attorney
General in consultation with the Bureau of Alcohol, Tobacco, Firearms
and Explosives all available information necessary to identify and
trace the history of all recovered firearms that are illegally
possessed, have been used in a crime, or are suspected of having been
used in a crime.
(b) When the department receives information from a local law
enforcement agency pursuant to subdivision (a), it shall promptly
forward this information to the National Tracing Center of the
federal Bureau of Alcohol, Tobacco, Firearms and Explosives to the
extent practicable.
(c) The Department of Justice shall implement an electronic system
by January 1, 2002, to receive comprehensive tracing information
from each local law enforcement agency, and to forward this
information to the National Tracing Center.
(d) In implementing this section, the Attorney General shall
ensure to the maximum extent practical that both of the following
apply:
(1) The information he or she provides to the federal Bureau of
Alcohol, Tobacco, Firearms and Explosives enables that agency to
trace the ownership of the firearm described in subdivision (a).
(2) Local law enforcement agencies can report all relevant
information without being unduly burdened by this reporting function.

(e) Information collected pursuant to this section shall be
maintained by the department for a period of not less than 10 years,
and shall be available, under guidelines set forth by the Attorney
General, for academic and policy research purposes.
(f) The Attorney General shall have the authority to issue
regulations to further the purposes of this section.



11108.5. (a) If a law enforcement agency identifies serialized
property that has been reported lost or stolen by the owner or a
person entitled to possession of the property and the property has
been entered into the appropriate Department of Justice automated
property system pursuant to Section 11108, the agency shall notify
the owner or person entitled to possession of the property of the
location of the property within 15 days of making the identification.
If the location of the property was reported by a licensed
pawnbroker or secondhand dealer pursuant to Section 21630 of the
Business and Professions Code, notice shall be given to the party who
reported the property lost or stolen pursuant to Section 21647 of
the Business and Professions Code.
(b) If the property is in the custody of the law enforcement
agency and it is determined that the property is no longer required
for use as evidence in a criminal case, the property shall be made
available to the person entitled to possession pursuant to Section
1417.5.
(c) Subdivision (a) shall not apply to the return to an owner of a
lost or stolen vehicle, as defined in Section 670 of the Vehicle
Code.


11108.9. Each local law enforcement agency shall develop, in
conjunction with and subject to the approval of the Department of
Justice, a succinct Serial Number Restoration Plan setting forth the
goals for reduction in the number of recovered firearms that cannot
be traced due to obliterated serial numbers, and the methods that the
local agency will follow in order to achieve these goals, including,
but not limited to, establishing local programs for restoring serial
numbers and accessing resources of the Department of Justice or the
Bureau of Alcohol, Tobacco, and Firearms for restoring serial
numbers. These plans shall be submitted to the Department of Justice
by January 1, 2000.


11108.10. (a) In addition to the requirements of Sections 11108 and
11108.3, commencing January 1, 2009, every local law enforcement
agency may cause to be entered into the United States Department of
Justice, National Integrated Ballistic Information Network (NIBIN)
information to ensure that representative samples of fired bullets
and cartridge cases collected at crime scenes, from test-fires of
firearms recovered at crime scenes, and other firearm information
needed to investigate crimes, are recorded into the NIBIN in
accordance with the protocol set forth in subdivision (b).
(b) The Attorney General, in cooperation with those law
enforcement agencies that choose to do so, shall develop a protocol
for the implementation of this section. The protocol shall be
completed on or before July 1, 2008.
(c) The Attorney General shall have the authority to issue
guidelines to further the purposes of this section.



11109. Each coroner promptly shall furnish the Department of
Justice with copies of fingerprints on standardized eight-inch by
eight-inch cards, and descriptions and other identifying data,
including date and place of death, of all deceased persons whose
deaths are in classifications requiring inquiry by the coroner where
the coroner is not satisfied with the decedent's identification.
When it is not physically possible to furnish prints of the 10
fingers, prints or partial prints of any fingers, with other
identifying data, shall be forwarded by the coroner to the
department.
In all cases where there is a criminal record on file in the
department for the decedent, the department shall notify the Federal
Bureau of Investigation, and each California sheriff and chief of
police in whose jurisdiction the decedent has been arrested, of the
date and place of death of the decedent.



11111. The Department of Justice shall maintain records relative to
stolen and lost bicycles in the Criminal Justice Information System.
Such records shall be accessible to authorized law enforcement
agencies through the California Law Enforcement Telecommunications
System.



11112. The Department of Justice, in providing fingerprint
clearances for employment purposes, shall facilitate the processing
of fingerprint cards of employees of, and applicants for employment
with, community care facilities, as defined in Section 1502 of the
Health and Safety Code, which provide services to children, and child
day care facilities, as defined in Section 1596.750 of the Health
and Safety Code.

[هيثم الفقى]

Fingerprints and Photographs


11112.1. As used in this article:
(a) "California Identification System" or "Cal-ID" means the
automated system maintained by the Department of Justice for
retaining fingerprint files and identifying latent fingerprints.
(b) "Remote Access Network" or "RAN" means a uniform statewide
network of equipment and procedures allowing local law enforcement
agencies direct access to the California Identification System.
(c) "Department" means the Department of Justice.
(d) "Cal-ID Telecommunications System" means a statewide
telecommunications network dedicated to the transmission of
fingerprint identification data in conjunction with Cal-ID for use by
law enforcement agencies.


11112.2. The department shall develop a master plan recommending
the type, number, and location of equipment necessary to implement
RAN. The department shall also develop policy guidelines and
administrative procedures to facilitate the implementation and use of
RAN. The RAN master plan shall include reasonable interface
specifications to access Cal-ID and shall be provided to any supplier
of automated fingerprint identification systems interested in
bidding on RAN by May 15, 1986.
The master plan shall provide for the use of facsimile and direct
image "live read" fingerprint equipment under RAN, including
point-of-booking terminals.
The department shall amend the master plan to include additional
processing, matching, and communications equipment at the Department
of Justice, and to recommend the type, number, and location of
equipment necessary to implement facsimile and direct image "live
read" fingerprint equipment as part of RAN, including
point-of-booking terminals. Funding shall be on a shared basis
between the state and a region pursuant to Section 11112.5.



11112.3. (a) The Attorney General shall appoint a RAN Advisory
Committee to review the master plan, policy guidelines, and
administrative procedures prepared by the department and advise the
Attorney General of any modifications the committee deems necessary.
Final approval and acceptance of the RAN Advisory Committee
proposals shall be made by the Attorney General.
(b) The RAN Advisory Committee shall be composed of one
representative from each of the following: The League of California
Cities, California Peace Officers' Association, California District
Attorneys' Association, California Police Chiefs' Association,
California State Sheriffs' Association, County Supervisors'
Association of California, Department of General Services, Office of
Information Technology, and the Department of Justice. The members
of the committee shall select a chairperson. The members shall serve
without compensation, but reasonable and necessary travel and per
diem expenses incurred by committee members shall be reimbursed by
the department. The RAN Advisory Committee shall terminate January
1, 1989, unless extended by legislation enacted prior thereto.



11112.4. (a) Within each county or group of counties eligible to
receive funding under the department's master plan for equipment,
that elects to participate in the Remote Access Network, a local RAN
board shall be established. Where a single county is eligible to
receive funding, that county's RAN board shall be the local RAN
board. Where a group of counties is eligible for funding, the local
RAN board shall consist of a regional board. The RAN board shall
determine the placement of RAN equipment within the county or
counties, and coordinate acceptance, delivery, and installation of
RAN equipment. The board shall also develop any procedures necessary
to regulate the ongoing use and maintenance of that equipment,
adhering to the policy guidelines and procedures adopted by the
department. The local board shall consider placement of equipment on
the basis of the following criteria:
(1) The crime rate of the jurisdiction or jurisdictions served by
the agency.
(2) The number of criminal offenses reported by the agency or
agencies to the department.
(3) The potential number of fingerprint cards and latent
fingerprints processed.
(4) The number of sworn personnel of the agency or agencies.
(b) Except as provided in subdivision (c), each RAN board shall be
composed of seven members, as follows: a member of the board of
supervisors, the sheriff, the district attorney, the chief of police
of the Cal-ID member department having the largest number of sworn
personnel within the county, a second chief selected by all other
police chiefs within the county, a mayor elected by the city
selection committee established pursuant to Section 50270 of the
Government Code, and a member-at-large chosen by the other members.
In any county lacking two chiefs of police, a substitute member shall
be selected by the other members on the board. Groups of counties
forming a region shall establish a seven-member board with each
county having equal representation on the board and at least one
member-at-large. If the number of participating counties precludes
equal representation on a seven-member board, the size of the board
shall be expanded so that each county has at least two
representatives and there is a single member-at-large.
(c) In any county with a population of 5,000,000 or more, each
local board shall be composed of seven members, as follows: a member
of the board of supervisors, the sheriff, the district attorney, the
chief of police of the Cal-ID member department having the largest
number of sworn personnel within the county, a second chief selected
by all other police chiefs within the county, the mayor of the city
with the greatest population within the county that has a Cal-ID
member police department, and a member-at-large chosen by the other
members. In any county lacking two chiefs of police, a substitute
member shall be selected by the other members of the board.
(d) A county which is a part of a regional board may form a local
RAN advisory board. The purpose of the local RAN advisory board
shall be to provide advice and recommendations to the county's
representatives on the regional RAN board. The local RAN advisory
board may appoint alternate members to the regional RAN board from
the local RAN advisory board to serve and work in the place of a
regional RAN board member who is absent or who disqualifies himself
or herself from participation in a meeting of the regional RAN board.

If a vacancy occurs in the office of a regional RAN board in a
county which has established a local RAN advisory board, an alternate
member selected by the local RAN advisory board may serve and vote
in place of the former regional RAN board member until the
appointment of a regional RAN board member is made to fill the
vacancy.


11112.5. (a) Costs for equipment purchases based upon the master
plan approved by the Attorney General, including state sales tax,
freight, insurance, and installation, shall be prorated between the
state and local governmental entity. The state's share shall be 70
percent. The local government's share shall be 30 percent, paid in
legal tender. Purchases may be made under the existing Cal-ID
contract through the Department of General Services.
(b) Alternatively, at the discretion of the local board, an
independent competitive procurement may be initiated under the
following conditions:
(1) Prior to submitting a bid in an independent procurement, any
prospective bidder must demonstrate the ability to meet or exceed
performance levels established in the existing Cal-ID contract and
demonstrate the ability to interface with Cal-ID and meet or exceed
performance levels established in the existing Cal-ID contract
without degrading the performance of the Cal-ID system.
(2) Both qualifying benchmarks will be at the prospective bidder's
expense and will be conducted by the Department of Justice.
(3) In the event that no vendor other than the existing contract
vendor qualifies to bid, purchases shall be made by the Department of
General Services on behalf of local agencies pursuant to the
existing Cal-ID contract.
(c) Competitive local procurements must adhere to the following
guidelines:
(1) Administrative requirements contained within Section 5200 of
the State Administrative Manual shall be met.
(2) Local procurements shall not increase the costs the state
would otherwise be obligated to pay.
(3) Final bids submitted in an independent procurement shall
contain a signed contract that represents an irrevocable offer that
does not materially deviate from the terms and conditions of the
existing Cal-ID contract.
(4) The selected vendor shall post a performance bond in an amount
equal to 25 percent of the local equipment costs. The bond shall
remain in effect until the local acceptance test has been
successfully completed.
(5) Requests for tender, including contract language, shall be
approved by the Department of General Services prior to release. The
Department of General Services and the Department of Justice shall
be represented on the evaluation and selection team.
(d) The local government agency shall be responsible for all costs
related to conducting a local bid, site preparation, equipment
maintenance, ongoing operational costs, file conversion over and
above those records that are available on magnetic media from the
Department of Justice, and equipment enhancements or systems design
which exceed the basic design specifications of the Department of
Justice. The state shall provide sufficient circuitry from
Sacramento to each county, or group of counties to handle all
fingerprint data traffic. The state shall provide for annual
maintenance of that line.



11112.6. (a) The Cal-ID Telecommunications System shall be under
the direction of the Attorney General and shall be used exclusively
for the official business of the state, and the official business of
any city, county, city and county, or other public agency.
(b) The Cal-ID Telecommunications System shall provide
telecommunication lines to one location in every participating
county.
(c) The Cal-ID Telecommunications System shall be maintained at
all times by the department with equipment and facilities adequate to
meet the needs of law enforcement. The system shall be designed to
accommodate present and future data transmission equipment.




11112.7. The Attorney General shall provide an annual status report
to the Legislature beginning January 1, 1987, with the final report
due January 1, 1990. The report shall include the status of the
project to date, funds expended, and need, if any, for revision to
the master plan.

[هيثم الفقى]

Criminal Records


11115. In any case in which a sheriff, police department or other
law enforcement agency makes an arrest and transmits a report of the
arrest to the Department of Justice or to the Federal Bureau of
Investigation, it shall be the duty of such law enforcement agency to
furnish a disposition report to such agencies whenever the arrested
person is transferred to the custody of another agency or is released
without having a complaint or accusation filed with a court. The
disposition report in such cases shall be furnished to the
appropriate agencies within 30 days of release or transfer to another
agency.
If either of the following dispositions is made, the disposition
report shall so state:
(a) "Arrested for intoxication and released," when the arrested
party is released pursuant to paragraph (2) of subdivision (b) of
Section 849.
(b) "Detention only," when the detained party is released pursuant
to paragraph (1) of subdivision (b) of Section 849 or issued a
certificate pursuant to subdivision (b) of Section 851.6. In such
cases the report shall state the specific reason for such release,
indicating that there was no ground for making a criminal complaint
because (1) further investigation exonerated the arrested party, (2)
the complainant withdrew the complaint, (3) further investigation
appeared necessary before prosecution could be initiated, (4) the
ascertainable evidence was insufficient to proceed further, (5) the
admissible or adducible evidence was insufficient to proceed further,
or (6) other appropriate explanation for release.



11116.5. Any dismissal and reason therefor provided by Section
11115 or 13151. 1 may be used by the person subject to the
disposition as an answer to any question regarding his arrest or
detention history or any question regarding the outcome of a criminal
proceeding against him.



11116.6. The dispositions provided by Sections 11115 and 13151.1
must be entered on all appropriate records of the party arrested,
detained, or against whom criminal proceedings are brought.



11116.7. Whenever an accusatory pleading is filed in any court of
this state alleging a public offense for which a defendant may be
punished by incarceration, for a period in excess of 90 days, the
court shall furnish upon request of the defendant named therein a
certificate of disposition which describes the disposition of the
accusatory pleading in that court when such disposition is one
described in Section 13151.1. The certificate of disposition shall be
signed by the judge, shall substantially conform with the
requirements of Section 11116.8, and the seal of the court shall be
affixed thereto.
In the event that the initial disposition of the accusatory
pleading is changed, a new disposition certificate showing the
changed disposition shall be issued by the court changing the same
upon request of the defendant or his counsel of record.



11116.8. The certificate of disposition provided by Section 11116.7
shall describe the charge or charges set forth in the original and
any amended accusatory pleading, together with the disposition of
each charge in the original and any amended accusatory pleading.



11116.9. The clerk of the court in which the disposition is made
shall provide the defendant or his counsel of record with additional
certified copies of the disposition certificate upon the payment of
the fees provided by law for certified copies of court records.



11116.10. (a) Upon the request of a victim or a witness of a crime,
the prosecuting attorney shall, within 60 days of the final
disposition of the case, inform the victim or witness by letter of
such final disposition. Such notice shall state the information
described in Section 13151.1.
(b) As used in this section, "victim" means any person alleged or
found, upon the record, to have sustained physical or financial
injury to person or property as a direct result of the crime charged.

(c) As used in this section, "witness" means any person who has
been or is expected to testify for the prosecution, or who, by reason
of having relevant information, is subject to call or likely to be
called as a witness for the prosecution, whether or not any action or
proceeding has yet been commenced.
(d) As used in this section, "final disposition," means an
ultimate termination of the case at the trial level including, but
not limited to, dismissal, acquittal, or imposition of sentence by
the court, or a decision by the prosecuting attorney, for whatever
reason, not to file the case.
(e) Subdivision (a) does not apply in any case where the offender
or alleged offender is a minor unless the minor has been declared not
a fit and proper subject to be dealt with under the juvenile court
law.
(f) This section shall not apply to any case in which a
disposition was made prior to the effective date of this section.




11117. The Department of Justice shall prescribe and furnish the
procedures and forms to be used for the disposition and other reports
required in this article and in Sections 13151 and 13152. The
department shall add the reports received to all appropriate criminal
records.
Neither the reports required in this article nor those required in
Sections 13151 and 13152 shall be admissible in evidence in any
civil action.
Examination of Records
11120. As used in this article, "record" with respect to any person
means the state summary criminal history information as defined in
subdivision (a) of Section 11105, maintained under such person's name
by the Department of Justice.


11121. It is the function and intent of this article to afford
persons concerning whom a record is maintained in the files of the
bureau an opportunity to obtain a copy of the record compiled from
such files, and to refute any erroneous or inaccurate information
contained therein.



11122. Any person desiring a copy of the record relating to himself
shall obtain an application form furnished by the department which
shall require his fingerprints in addition to such other information
as the department shall specify. Applications may be obtained from
police departments, sheriff departments, or the Department of
Justice. The fingerprinting agency may fix a reasonable fee for
affixing the applicant's fingerprints to the form, and shall retain
such fee.


11123. The applicant shall submit the completed application
directly to the department. The application shall be accompanied by
a fee not to exceed twenty-five dollars ($25) that the department
determines equals the costs of processing the application and
providing a copy of the record to the applicant. All fees received
by the department under this section are hereby appropriated without
regard to fiscal years for the support of the Department of Justice
in addition to such other funds as may be appropriated therefor by
the Legislature. Any request for waiver of fee shall accompany the
original request for the record and shall include a claim and proof
of indigency.



11124. When an application is received by the department, the
department shall determine whether a record pertaining to the
applicant is maintained. If such record is maintained, the
department shall furnish a copy of the record to the applicant or to
an individual designated by the applicant. If no such record is
maintained, the department shall so notify the applicant or an
individual designated by the applicant. Delivery of the copy of the
record, or notice of no record, may be by mail or other appropriate
means agreed to by the applicant and the department.




11125. No person or agency shall require or request another person
to furnish a copy of a record or notification that a record exists or
does not exist, as provided in Section 11124. A violation of this
section is a misdemeanor.


11126. (a) If the applicant desires to question the accuracy or
completeness of any material matter contained in the record, he or
she may submit a written request to the department in a form
established by it. The request shall include a statement of the
alleged inaccuracy or incompleteness in the record, and its
materiality, and shall specify any proof or corroboration available.
Upon receipt of the request, the department shall review the record
to determine if the information correctly reflects the source
document, and if it does not, the department shall make the necessary
corrections and shall provide the applicant with a corrected copy of
the record. If the accuracy of the source document is questioned,
the department shall forward it to the person or agency which
furnished the questioned information. This person or agency shall,
within 30 days of receipt of the written request for clarification,
review its information and forward to the department the results of
the review.
(b) If the agency concurs in the allegations of inaccuracy or
incompleteness in the record, and finds that the error is material,
it shall correct its record and shall so inform the department, which
shall correct the record accordingly. The department shall inform
the applicant of its correction of the record under this subdivision
within 30 days. The department and the agency shall notify all
persons and agencies to which they have disseminated the incorrect
record in the past 90 days of the correction of the record, and the
applicant shall be informed that the notification has been given.
The department and the agency shall also notify those persons or
agencies to which the incorrect record has been disseminated which
have been specifically requested by the applicant to receive
notification of the correction of the record, and the applicant shall
be informed that the notification has been given.
(c) If the department or the agency denies the allegations of
inaccuracy or incompleteness in the record, the matter shall be
referred for administrative adjudication in accordance with Chapter 5
(commencing with Section 11500) of Part 1, Division 3, Title 2 of
the Government Code for a determination of whether material
inaccuracy or incompleteness exists in the record. The department
shall be the respondent in the hearing. If a material inaccuracy or
incompleteness is found in any record, the department and the agency
in charge of that record shall be directed to correct it accordingly.
The department and the agency shall notify all persons and agencies
to which they have disseminated the incorrect record in the past 90
days of the correction of the record, and the applicant shall be
informed that the notification has been given. The department and
the agency shall also notify those persons or agencies to which the
incorrect record has been disseminated which have been specifically
requested by the applicant to receive notification of the correction
of the record, and the applicant shall be informed that the
notification has been given. Judicial review of the decision shall
be governed by Section 11523 of the Government Code. The applicant
shall be informed of the decision within 30 days of its issuance in
accordance with Section 11518 of the Government Code.



11127. The department shall adopt all regulations necessary to
carry out the provisions of this article.

[هيثم الفقى]

Unlawful Furnishing of State Summary Criminal
History Information
11140. As used in this article:
(a) "Record" means the state summary criminal history information
as defined in subdivision (a) of Section 11105, or a copy thereof,
maintained under a person's name by the Department of Justice.
(b) "A person authorized by law to receive a record" means any
person or public agency authorized by a court, statute, or decisional
law to receive a record.


11141. Any employee of the Department of Justice who knowingly
furnishes a record or information obtained from a record to a person
who is not authorized by law to receive the record or information is
guilty of a misdemeanor.


11142. Any person authorized by law to receive a record or
information obtained from a record who knowingly furnishes the record
or information to a person who is not authorized by law to receive
the record or information is guilty of a misdemeanor.




11143. Any person, except those specifically referred to in Section
1070 of the Evidence Code, who, knowing he is not authorized by law
to receive a record or information obtained from a record, knowingly
buys, receives, or possesses the record or information is guilty of a
misdemeanor.


11144. (a) It is not a violation of this article to disseminate
statistical or research information obtained from a record, provided
that the identity of the subject of the record is not disclosed.
(b) It is not a violation of this article to disseminate
information obtained from a record for the purpose of assisting in
the apprehension of a person wanted in connection with the commission
of a crime.
(c) It is not a violation of this article to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record when the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.

[هيثم الفقى]

NATIONAL SEARCH OF CRIMINAL RECORDS


11145. In lieu of a national check of fingerprint records conducted
by the Federal Bureau of Investigation through the California
Department of Justice, state agencies shall contract with an
independent vendor to conduct a national search of the individuals'
criminal records, as provided in this chapter.



11146. This chapter applies to:
(a) The California Commission for Teacher Preparation and
Licensing, in licensing of all teaching and services credential
applicants, pursuant to Section 44341 of the Education Code.
(b) The State Department of Social Services in licensing those
community care facility operators providing services to children as
mandated in Section 1522 of the Health and Safety Code.
(c) The county welfare department in carrying out its approval
authority for relative and nonrelative extended family member foster
care placements pursuant to Section 309 of the Welfare and
Institutions Code.


11147. In order that a thorough search may be conducted, the
agencies listed in Section 11146 shall require applicants, as a
condition of employment or licensing, to provide (a) their social
security and drivers' license numbers, (b) educational history, (c)
three personal references, (d) a five-year employment and residence
history, and, (e) if appropriate, any other names they may have been
known under. This information shall be provided under penalty of
perjury.


11148. The agencies listed in Section 11146 may contract with any
vendor demonstrating the capability to conduct such background
searches in a timely manner and with the assurance of complete
confidentiality. Any such vendor shall (a) be a licensed private
investigator as defined in Section 7521 of the Business and
Professions Code; (b) have been in business for at least five years;
(c) be able to furnish bank references; (d) provide a minimum of one
million dollars ($1,000,000) in liability insurance, with the
contracting agency being named as an additional insured; and (e) be
able to provide services, via subcontracts if necessary, in all areas
of the state.
No contract shall be let unless it provides therein that the cost
per applicant for a search, including administrative costs, shall not
exceed forty dollars ($40). The state shall not be liable for any
amount in excess of forty dollars ($40) per applicant.



11149. In order to expedite the work of the vendor, all
applications submitted to the vendor shall include the results of the
fingerprint checks conducted by the California Department of
Justice.



11149.1. Vendors are exempted from any provisions of Chapter 1
(commencing with Section 1798) of Title 1.8 of Part 4 of Division 3
of the Civil Code which prevent the vendor from conducting the
national search of individual criminal records required by this
chapter.



11149.2. Notwithstanding any other provision of law, applicants may
be charged for the actual cost of the national search required by
this statute, including administrative costs, not to exceed forty
dollars ($40).


11149.3. Any vendor or employee of a vendor who knowingly furnishes
a record or information obtained from a record to a person who is
not authorized by law to receive the record or information shall be
guilty of a misdemeanor and fined not more than five thousand dollars
($5,000), or imprisoned in a county jail for not more than one year,
or both.



11149.4. Any vendor or employee of a vendor who intentionally
discloses information, not otherwise public, which that person knows
or should reasonably know was obtained from confidential information,
shall be subject to a civil action for invasion of privacy by the
individual to whom the information pertains.
In any successful action brought under this section, the
complainant, in addition to any special or general damages awarded,
shall be awarded a minimum of two thousand five hundred dollars
($2,500) in exemplary damages as well as attorney's fees and other
litigation costs reasonably incurred in the suit.
The right, remedy, and cause of action set forth in this section
shall be nonexclusive and is in addition to all other rights,
remedies, and causes of action for invasion of privacy, inherent in
Section 1, Article I of the California Constitution.

[هيثم الفقى]

CONTROL OF CRIMES AND CRIMINALS
Release of Persons Convicted of Arson


11150. Prior to the release of a person convicted of arson from an
institution under the jurisdiction of the Department of Corrections,
the Director of Corrections shall notify in writing the State Fire
Marshal and all police departments and the sheriff in the county in
which the person was convicted and, if known, in the county in which
he is to reside. The notice shall state the name of the person to be
released, the county in which he was convicted and, if known, the
county in which he will reside.



11151. Within five days after release of a person convicted of
arson from an institution under the jurisdiction of the Department of
Mental Hygiene, the Director of Mental Hygiene shall send the notice
provided in Section 11150.


11152. Upon receipt of a notice as provided in Section 11150 or
11151, the State Fire Marshal shall notify all regularly organized
fire departments in the county in which the person was convicted and,
if known, in the county in which he is to reside.

[هيثم الفقى]

Reports of Disposition of Inmates


11155. (a) As soon as placement of an inmate in any reentry or work
furlough program is planned, but in no case less than 60 days prior
to that placement, the Department of Corrections shall send written
notice, if notice has been requested, to all of the following: (1)
the chief of police of the city, if any, in which the inmate will
reside, if known, or in which placement will be made, (2) the sheriff
of the county in which the inmate will reside, if known, or in which
placement will be made, and (3) the victim, if any, of the crime for
which the inmate was convicted or the next of kin of the victim if
the crime was a homicide, if the victim or the next of kin has
submitted a request for notice with the department. Information
regarding victims or next of kin requesting the notice, and the
notice, shall be confidential and not available to the inmate.
(b) In the event of an escape of an inmate from any facility under
the jurisdiction of the Department of Corrections, the department
shall immediately notify, by the most reasonable and expedient means
available, the chief of police of the city, and the sheriff of the
county, in which the inmate resided immediately prior to the inmate's
arrest and conviction, and, if previously requested, to the victim,
if any, of the crime for which the inmate was convicted, or to the
next of kin of the victim if the crime was a homicide. If the inmate
is recaptured, the department shall send written notice thereof to
the persons designated in this subdivision within 30 days after
regaining custody of the inmate.
(c) Except as provided in subdivision (d), the Department of
Corrections shall send the notices required by this section to the
last address provided to the department by the requesting party. It
is the responsibility of the requesting party to provide the
department with a current address.
(d) Whenever the department sends the notice required by this
section to a victim, it shall do so by return-receipt mail. In the
event the victim does not reside at the last address provided to the
department, the department shall make a diligent, good faith effort
to learn the whereabouts of the victim in order to comply with these
notification requirements.



11156. The notice sent to the chief of police and county sheriff
pursuant to Section 11155 shall include an actual glossy photograph
no smaller than 3 1/8 x 31/8 inches in size, in conjunction with the
Department of Justice, fingerprints of each inmate in the reentry or
work furlough program.


11157. The victims may be notified of the opportunity to receive
the notices provided by this article by means of adding a paragraph
to the information contained on subpoena forms which are used in
subpoenaing victims as material witnesses to any court proceedings
resulting from the perpetration of the crime in which the victim was
involved.



11158. As used in this article, "victim" means any person alleged
or found, upon the record, to have sustained physical or financial
injury to person or property as a direct result of the crime charged.

[هيثم الفقى]

Reports of Injuries


11160. (a) Any health practitioner employed in a health facility,
clinic, physician's office, local or state public health department,
or a clinic or other type of facility operated by a local or state
public health department who, in his or her professional capacity or
within the scope of his or her employment, provides medical services
for a physical condition to a patient whom he or she knows or
reasonably suspects is a person described as follows, shall
immediately make a report in accordance with subdivision (b):
(1) Any person suffering from any wound or other physical injury
inflicted by his or her own act or inflicted by another where the
injury is by means of a firearm.
(2) Any person suffering from any wound or other physical injury
inflicted upon the person where the injury is the result of
assaultive or abusive conduct.
(b) Any health practitioner employed in a health facility, clinic,
physician's office, local or state public health department, or a
clinic or other type of facility operated by a local or state public
health department shall make a report regarding persons described in
subdivision (a) to a local law enforcement agency as follows:
(1) A report by telephone shall be made immediately or as soon as
practically possible.
(2) A written report shall be prepared on the standard form
developed in compliance with paragraph (4) of this subdivision, and
Section 11160.2, and adopted by the agency or agencies designated by
the Director of Finance pursuant to Section 13820, or on a form
developed and adopted by another state agency that otherwise fulfills
the requirements of the standard form. The completed form shall be
sent to a local law enforcement agency within two working days of
receiving the information regarding the person.
(3) A local law enforcement agency shall be notified and a written
report shall be prepared and sent pursuant to paragraphs (1) and (2)
even if the person who suffered the wound, other injury, or
assaultive or abusive conduct has expired, regardless of whether or
not the wound, other injury, or assaultive or abusive conduct was a
factor contributing to the death, and even if the evidence of the
conduct of the perpetrator of the wound, other injury, or assaultive
or abusive conduct was discovered during an autopsy.
(4) The report shall include, but shall not be limited to, the
following:
(A) The name of the injured person, if known.
(B) The injured person's whereabouts.
(C) The character and extent of the person's injuries.
(D) The identity of any person the injured person alleges
inflicted the wound, other injury, or assaultive or abusive conduct
upon the injured person.
(c) For the purposes of this section, "injury" shall not include
any psychological or physical condition brought about solely through
the voluntary administration of a narcotic or restricted dangerous
drug.
(d) For the purposes of this section, "assaultive or abusive
conduct" shall include any of the following offenses:
(1) Murder, in violation of Section 187.
(2) Manslaughter, in violation of Section 192 or 192.5.
(3) Mayhem, in violation of Section 203.
(4) Aggravated mayhem, in violation of Section 205.
(5) Torture, in violation of Section 206.
(6) Assault with intent to commit mayhem, rape, sodomy, or oral
copulation, in violation of Section 220.
(7) Administering controlled substances or anesthetic to aid in
commission of a felony, in violation of Section 222.
(8) Battery, in violation of Section 242.
(9) ***ual battery, in violation of Section 243.4.
(10) Incest, in violation of Section 285.
(11) Throwing any vitriol, corrosive acid, or caustic chemical
with intent to injure or disfigure, in violation of Section 244.
(12) Assault with a stun gun or taser, in violation of Section
244.5.
(13) Assault with a deadly weapon, firearm, assault weapon, or
machinegun, or by means likely to produce great bodily injury, in
violation of Section 245.
(14) Rape, in violation of Section 261.
(15) Spousal rape, in violation of Section 262.
(16) Procuring any female to have *** with another man, in
violation of Section 266, 266a, 266b, or 266c.
(17) Child abuse or endangerment, in violation of Section 273a or
273d.
(18) Abuse of spouse or cohabitant, in violation of Section 273.5.

(19) Sodomy, in violation of Section 286.
(20) Lewd and lascivious acts with a child, in violation of
Section 288.
(21) Oral copulation, in violation of Section 288a.
(22) ***ual penetration, in violation of Section 289.
(23) Elder abuse, in violation of Section 368.
(24) An attempt to commit any crime specified in paragraphs (1) to
(23), inclusive.
(e) When two or more persons who are required to report are
present and jointly have knowledge of a known or suspected instance
of violence that is required to be reported pursuant to this section,
and when there is an agreement among these persons to report as a
team, the team may select by mutual agreement a member of the team to
make a report by telephone and a single written report, as required
by subdivision (b). The written report shall be signed by the
selected member of the reporting team. Any member who has knowledge
that the member designated to report has failed to do so shall
thereafter make the report.
(f) The reporting duties under this section are individual, except
as provided in subdivision (e).
(g) No supervisor or administrator shall impede or inhibit the
reporting duties required under this section and no person making a
report pursuant to this section shall be subject to any sanction for
making the report. However, internal procedures to facilitate
reporting and apprise supervisors and administrators of reports may
be established, except that these procedures shall not be
inconsistent with this article. The internal procedures shall not
require any employee required to make a report under this article to
disclose his or her identity to the employer.
(h) For the purposes of this section, it is the Legislature's
intent to avoid duplication of information.



11160.1. (a) Any health practitioner employed in any health
facility, clinic, physician's office, local or state public health
department, or a clinic or other type of facility operated by a local
or state public health department who, in his or her professional
capacity or within the scope of his or her employment, performs a
forensic medical examination on any person in the custody of law
enforcement from whom evidence is sought in connection with the
commission or investigation of a crime of ***ual assault, as
described in subdivision (d) of Section 11160, shall prepare a
written report. The report shall be on a standard form developed by,
or at the direction of, the Office of Emergency Services or an agency
designated by the Director of Finance pursuant to Section 13820, and
shall be immediately provided to the law enforcement agency who has
custody of the individual examined.
(b) The examination and report is subject to the confidentiality
requirements of the Confidentiality of Medical Information Act
(Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of
the Civil Code), the physician-patient privilege pursuant to Article
6 (commencing with Section 990) of Chapter 4 of Division 8 of the
Evidence Code, and the privilege of official information pursuant to
Article 9 (commencing with Section 1040) of Chapter 4 of Division 8
of the Evidence Code.
(c) The report shall be released upon request, oral or written, to
any person or agency involved in any related investigation or
prosecution of a criminal case including, but not limited to, a law
enforcement officer, district attorney, city attorney, crime
laboratory, county licensing agency, or coroner. The report may be
released to defense counsel or another third party only through
discovery of documents in the possession of a prosecuting agency or
following the issuance of a lawful court order authorizing the
release of the report.
(d) A health practitioner who makes a report in accordance with
this section shall not incur civil or criminal liability. No person,
agency, or their designee required or authorized to report pursuant
to this section who takes photographs of a person suspected of being
a person subject to a forensic medical examination as described in
this section shall incur any civil or criminal liability for taking
the photographs, causing the photographs to be taken, or
disseminating the photographs to a law enforcement officer, district
attorney, city attorney, crime laboratory, county licensing agency,
or coroner with the reports required in accordance with this section.
However, this subdivision shall not be deemed to grant immunity from
civil or criminal liability with respect to any other use of the
photographs.
(e) Section 11162 does not apply to this section.
(f) With the exception of any health practitioner who has entered
into a contractual agreement to perform forensic medical
examinations, no health practitioner shall be required to perform a
forensic medical examination as part of his or her duties as a health
practitioner.


11161. Notwithstanding Section 11160, the following shall apply to
every physician or surgeon who has under his or her charge or care
any person described in subdivision (a) of Section 11160:
(a) The physician or surgeon shall make a report in accordance
with subdivision (b) of Section 11160 to a local law enforcement
agency.
(b) It is recommended that any medical records of a person about
whom the physician or surgeon is required to report pursuant to
subdivision (a) include the following:
(1) Any comments by the injured person regarding past domestic
violence, as defined in Section 13700, or regarding the name of any
person suspected of inflicting the wound, other physical injury, or
assaultive or abusive conduct upon the person.
(2) A map of the injured person's body showing and identifying
injuries and bruises at the time of the health care.
(3) A copy of the law enforcement reporting form.
(c) It is recommended that the physician or surgeon refer the
person to local domestic violence services if the person is suffering
or suspected of suffering from domestic violence, as defined in
Section 13700.



11161.2. (a) The Legislature finds and declares that adequate
protection of victims of domestic violence and elder and dependent
adult abuse has been hampered by lack of consistent and comprehensive
medical examinations. Enhancing examination procedures,
documentation, and evidence collection will improve investigation and
prosecution efforts.
(b) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall, in cooperation with the State
Department of Health Services, the Department of Aging and the
ombudsman program, the State Department of Social Services, law
enforcement agencies, the Department of Justice, the California
Association of Crime Lab Directors, the California District Attorneys
Association, the California State Sheriff's Association, the
California Medical Association, the California Police Chiefs'
Association, domestic violence advocates, the California Medical
Training Center, adult protective services, and other appropriate
experts:
(1) Establish medical forensic forms, instructions, and
examination protocol for victims of domestic violence and elder and
dependent adult abuse and neglect using as a model the form and
guidelines developed pursuant to Section 13823.5. The form should
include, but not be limited to, a place for a notation concerning
each of the following:
(A) Notification of injuries and a report of suspected domestic
violence or elder or dependent adult abuse and neglect to law
enforcement authorities, Adult Protective Services, or the State
Long-Term Care Ombudsmen, in accordance with existing reporting
procedures.
(B) Obtaining consent for the examination, treatment of injuries,
collection of evidence, and photographing of injuries. Consent to
treatment shall be obtained in accordance with the usual hospital
policy. A victim shall be informed that he or she may refuse to
consent to an examination for evidence of domestic violence and elder
and dependent adult abuse and neglect, including the collection of
physical evidence, but that refusal is not a ground for denial of
treatment of injuries and disease, if the person wishes to obtain
treatment and consents thereto.
(C) Taking a patient history of domestic violence or elder or
dependent adult abuse and neglect and other relevant medical history.

(D) Performance of the physical examination for evidence of
domestic violence or elder or dependent adult abuse and neglect.
(E) Collection of physical evidence of domestic violence or elder
or dependent adult abuse.
(F) Collection of other medical and forensic specimens, as
indicated.
(G) Procedures for the preservation and disposition of evidence.
(H) Complete documentation of medical forensic exam findings.
(2) Determine whether it is appropriate and forensically sound to
develop separate or joint forms for documentation of medical forensic
findings for victims of domestic violence and elder and dependent
adult abuse and neglect.
(3) The forms shall become part of the patient's medical record
pursuant to guidelines established by the agency or agencies
designated by the Director of Finance pursuant to Section 13820
advisory committee and subject to the confidentiality laws pertaining
to release of medical forensic examination records.
(c) The forms shall be made accessible for use on the Internet.



11161.5. (a) It is the intent of the Legislature that on or before
January 1, 2006, the California District Attorneys Association, in
conjunction with interested parties, including, but not limited to,
the Department of Justice, the California Narcotic Officers'
Association, the California Police Chiefs' Association, the
California State Sheriffs' Association, the California Medical
Association, the American Pain Society, the American Academy of Pain
Medicine, the California Society of Anesthesiologists, the California
Chapter of the American College of Emergency Physicians, the
California Medical Board, the California Orthopedic Association, and
other medical and patient advocacy entities specializing in pain
control therapies, shall develop protocols for the development and
implementation of interagency investigations in connection with a
physician's prescription of medication to patients. The protocols
are intended to assure the competent review of, and that relevant
investigation procedures are followed for, the suspected
undertreatment, undermedication, overtreatment, and overmedication of
pain cases. Consideration shall be made for the special
circumstances of urban and rural communities. The investigation
protocol shall be designed to facilitate communication between the
medical and law enforcement communities and the timely return of
medical records pertaining to the identity, diagnosis, prognosis, or
treatment of any patient that are seized by law enforcement from a
physician who is suspected of engaging in or having engaged in
criminal activity related to the documents.
(b) The costs incurred by the California District Attorneys
Association in implementing this section shall be solicited and
funded from nongovernmental entities.



11161.8. Every person, firm, or corporation conducting any hospital
in the state, or the managing agent thereof, or the person managing
or in charge of such hospital, or in charge of any ward or part of
such hospital, who receives a patient transferred from a health
facility, as defined in Section 1250 of the Health and Safety Code or
from a community care facility, as defined in Section 1502 of the
Health and Safety Code, who exhibits a physical injury or condition
which, in the opinion of the admitting physician, reasonably appears
to be the result of neglect or abuse, shall report such fact by
telephone and in writing, within 36 hours, to both the local police
authority having jurisdiction and the county health department.
Any registered nurse, licensed vocational nurse, or licensed
clinical social worker employed at such hospital may also make a
report under this section, if, in the opinion of such person, a
patient exhibits a physical injury or condition which reasonably
appears to be the result of neglect or abuse.
Every physician and surgeon who has under his charge or care any
such patient who exhibits a physical injury or condition which
reasonably appears to be the result of neglect or abuse shall make
such report.
The report shall state the character and extent of the physical
injury or condition.
No employee shall be discharged, suspended, disciplined, or
harassed for making a report pursuant to this section.
No person shall incur any civil or criminal liability as a result
of making any report authorized by this section.



11161.9. (a) A health practitioner who makes a report in accordance
with this article shall not incur civil or criminal liability as a
result of any report required or authorized by this article.
(b) (1) No person required or authorized to report pursuant to
this article, or designated by a person required or authorized to
report pursuant to this article, who takes photographs of a person
suspected of being a person described in this article about whom a
report is required or authorized shall incur any civil or criminal
liability for taking the photographs, causing the photographs to be
taken, or disseminating the photographs to local law enforcement with
the reports required by this article in accordance with this
article. However, this subdivision shall not be deemed to grant
immunity from civil or criminal liability with respect to any other
use of the photographs.
(2) A court may award attorney's fees to a commercial film and
photographic print processor when a suit is brought against the
processor because of a disclosure mandated by this article and the
court finds that the suit is frivolous.
(c) A health practitioner who, pursuant to a request from an adult
protective services agency or a local law enforcement agency,
provides the requesting agency with access to the victim of a known
or suspected instance of abuse shall not incur civil or criminal
liability as a result of providing that access.
(d) No employee shall be discharged, suspended, disciplined, or
harassed for making a report pursuant to this section.
(e) This section does not apply to mandated reporting of child
abuse, as provided for in Article 2.5 (commencing with Section
11164).



11162. A violation of this article is a misdemeanor, punishable 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.


11162.5. As used in this article, the following definitions shall
apply:
(a) "Health practitioner" has the same meaning as provided in
paragraphs (21) to (28), inclusive, of subdivision (a) of Section
11165.7.
(b) "Clinic" is limited to include any clinic specified in
Sections 1204 and 1204.3 of the Health and Safety Code.
(c) "Health facility" has the same meaning as provided in Section
1250 of the Health and Safety Code.
(d) "Reasonably suspects" means that it is objectively reasonable
for a person to entertain a suspicion, based upon facts that could
cause a reasonable person in a like position, drawing, when
appropriate, on his or her training and experience, to suspect.



11162.7. This article shall not apply when a report is required to
be made pursuant to the Child Abuse and Neglect Reporting Act
(Article 2.5 (commencing with Section 11164)), and Chapter 11
(commencing with Section 15600) of Part 3 of Division 9 of the
Welfare and Institutions Code.



11163. (a) The Legislature finds and declares that even though the
Legislature has provided for immunity from liability, pursuant to
Section 11161.9, for persons required or authorized to report
pursuant to this article, that immunity does not eliminate the
possibility that actions may be brought against those persons based
upon required reports of abuse pursuant to other laws.
In order to further limit the financial hardship that those
persons may incur as a result of fulfilling their legal
responsibility, it is necessary that they not be unfairly burdened by
legal fees incurred in defending those actions.
(b) (1) Therefore, a health practitioner may present a claim to
the California Victim Compensation and Government Claims Board for
reasonable attorney's fees incurred in any action against that person
on the basis of that person reporting in accordance with this
article if the court dismisses the action upon a demurrer or motion
for summary judgment made by that person or if that person prevails
in the action.
(2) The California Victim Compensation and Government Claims Board
shall allow the claim pursuant to paragraph (1) if the requirements
of paragraph (1) are met, and the claim shall be paid from an
appropriation to be made for that purpose. Attorney's fees awarded
pursuant to this section shall not exceed an hourly rate greater than
the rate charged by the Attorney General at the time the award is
made and shall not exceed an aggregate amount of fifty thousand
dollars ($50,000).
(3) This subdivision shall not apply if a public entity has
provided for the defense of the action pursuant to Section 995 of the
Government Code.



11163.2. (a) In any court proceeding or administrative hearing,
neither the physician-patient privilege nor the psychotherapist
privilege applies to the information required to be reported pursuant
to this article.
(b) The reports required by this article shall be kept
confidential by the health facility, clinic, or physician's office
that submitted the report, and by local law enforcement agencies, and
shall only be disclosed by local law enforcement agencies to those
involved in the investigation of the report or the enforcement of a
criminal law implicated by a report. In no case shall the person
suspected or accused of inflicting the wound, other injury, or
assaultive or abusive conduct upon the injured person or his or her
attorney be allowed access to the injured person's whereabouts.
(c) For the purposes of this article, reports of suspected child
abuse and information contained therein may be disclosed only to
persons or agencies with whom investigations of child abuse are
coordinated under the regulations promulgated under Section 11174.
(d) The Board of Prison Terms may subpoena reports that are not
unfounded and reports that concern only the current incidents upon
which parole revocation proceedings are pending against a parolee.



11163.3. (a) A county may establish an interagency domestic
violence death review team to assist local agencies in identifying
and reviewing domestic violence deaths, including homicides and
suicides, and facilitating communication among the various agencies
involved in domestic violence cases. Interagency domestic violence
death review teams have been used successfully to ensure that
incidents of domestic violence and abuse are recognized and that
agency involvement is reviewed to develop recommendations for
policies and protocols for community prevention and intervention
initiatives to reduce and eradicate the incidence of domestic
violence.
(b) For purposes of this section, "abuse" has the meaning set
forth in Section 6203 of the Family Code and "domestic violence" has
the meaning set forth in Section 6211 of the Family Code.
(c) A county may develop a protocol that may be used as a
guideline to assist coroners and other persons who perform autopsies
on domestic violence victims in the identification of domestic
violence, in the determination of whether domestic violence
contributed to death or whether domestic violence had occurred prior
to death, but was not the actual cause of death, and in the proper
written reporting procedures for domestic violence, including the
designation of the cause and mode of death.
(d) County domestic violence death review teams shall be comprised
of, but not limited to, the following:
(1) Experts in the field of forensic pathology.
(2) Medical personnel with expertise in domestic violence abuse.
(3) Coroners and medical examiners.
(4) Criminologists.
(5) District attorneys and city attorneys.
(6) Domestic violence shelter service staff and battered women's
advocates.
(7) Law enforcement personnel.
(8) Representatives of local agencies that are involved with
domestic violence abuse reporting.
(9) County health department staff who deal with domestic violence
victims' health issues.
(10) Representatives of local child abuse agencies.
(11) Local professional associations of persons described in
paragraphs (1) to (10), inclusive.
(e) An oral or written communication or a document shared within
or produced by a domestic violence death review team related to a
domestic violence death review is confidential and not subject to
disclosure or discoverable by a third party. An oral or written
communication or a document provided by a third party to a domestic
violence death review team, or between a third party and a domestic
violence death review team, is confidential and not subject to
disclosure or discoverable by a third party. Notwithstanding the
foregoing, recommendations of a domestic violence death review team
upon the completion of a review may be disclosed at the discretion of
a majority of the members of the domestic violence death review
team.
(f) Each organization represented on a domestic violence death
review team may share with other members of the team information in
its possession concerning the victim who is the subject of the review
or any person who was in contact with the victim and any other
information deemed by the organization to be pertinent to the review.
Any information shared by an organization with other members of a
team is confidential. This provision shall permit the disclosure to
members of the team of any information deemed confidential,
privileged, or prohibited from disclosure by any other statute.
(g) Written and oral information may be disclosed to a domestic
violence death review team established pursuant to this section. The
team may make a request in writing for the information sought and any
person with information of the kind described in paragraph (2) of
this subdivision may rely on the request in determining whether
information may be disclosed to the team.
(1) No individual or agency that has information governed by this
subdivision shall be required to disclose information. The intent of
this subdivision is to allow the voluntary disclosure of information
by the individual or agency that has the information.
(2) The following information may be disclosed pursuant to this
subdivision:
(A) Notwithstanding Section 56.10 of the Civil Code, medical
information.
(B) Notwithstanding Section 5328 of the Welfare and Institutions
Code, mental health information.
(C) Notwithstanding Section 15633.5 of the Welfare and
Institutions Code, information from elder abuse reports and
investigations, except the identity of persons who have made reports,
which shall not be disclosed.
(D) Notwithstanding Section 11167.5 of the Penal Code, information
from child abuse reports and investigations, except the identity of
persons who have made reports, which shall not be disclosed.
(E) State summary criminal history information, criminal offender
record information, and local summary criminal history information,
as defined in Sections 11075, 11105, and 13300 of the Penal Code.
(F) Notwithstanding Section 11163.2 of the Penal Code, information
pertaining to reports by health practitioners of persons suffering
from physical injuries inflicted by means of a firearm or of persons
suffering physical injury where the injury is a result of assaultive
or abusive conduct, and information relating to whether a physician
referred the person to local domestic violence services as
recommended by Section 11161 of the Penal Code.
(G) Notwithstanding Section 827 of the Welfare and Institutions
Code, information in any juvenile court proceeding.
(H) Information maintained by the Family Court, including
information relating to the Family Conciliation Court Law pursuant to
Section 1818 of the Family Code, and Mediation of Custody and
Visitation Issues pursuant to Section 3177 of the Family Code.
(I) Information provided to probation officers in the course of
the performance of their duties, including, but not limited to, the
duty to prepare reports pursuant to Section 1203.10 of the Penal
Code, as well as the information on which these reports are based.
(J) Notwithstanding Section 10825 of the Welfare and Institutions
Code, records of in-home supportive services, unless disclosure is
prohibited by federal law.
(3) The disclosure of written and oral information authorized
under this subdivision shall apply notwithstanding Sections 2263,
2918, 4982, and 6068 of the Business and Professions Code, or the
lawyer-client privilege protected by Article 3 (commencing with
Section 950) of Chapter 4 of Division 8 of the Evidence Code, the
physician-patient privilege protected by Article 6 (commencing with
Section 990) of Chapter 4 of Division 8 of the Evidence Code, the
psychotherapist-patient privilege protected by Article 7 (commencing
with Section 1010) of Chapter 4 of Division 8 of the Evidence Code,
the ***ual assault counselor-victim privilege protected by Article
8.5 (commencing with Section 1035) of Chapter 4 of Division 8 of the
Evidence Code, and the domestic violence counselor-victim privilege
protected by Article 8.7 (commencing with Section 1037) of Chapter 4
of Division 8 of the Evidence Code.



11163.4. Subject to available funding, the Attorney General,
working with the state domestic violence coalition, shall develop a
protocol for the development and implementation of interagency
domestic violence death review teams for use by counties, which shall
include relevant procedures for both urban and rural counties. The
protocol shall be designed to facilitate communication among persons
who perform autopsies and the various persons and agencies involved
in domestic violence cases so that incidents of domestic violence and
deaths related to domestic violence are recognized and surviving
nonoffending family and household members and domestic partners
receive the appropriate services.



11163.5. (a) The purpose of this section is to coordinate and
integrate state and local efforts to address fatal domestic violence,
and to create a body of information to prevent domestic violence
deaths.
(b) (1) The Department of Justice is hereby authorized to carry
out the purpose of this section with the cooperation of the State
Department of Social Services, the State Department of Health
Services, the California State Coroner's Association, the County
Welfare Directors Association, and the state domestic violence
coalition.
(2) The Department of Justice, after consulting with the agencies
and organizations specified in paragraph (1), may consult with other
representatives of other agencies and private organizations to
accomplish the purpose of this section.
(c) To accomplish the purpose of this section, the Department of
Justice and agencies and organizations involved may engage in the
following activities:
(1) Collect, analyze, and interpret state and local data on
domestic violence death in an annual report to be available upon
request. The report may contain, but need not be limited to,
information provided by state agencies and the county domestic
violence death review teams for the preceding year.
(2) Develop a state and local data base on domestic violence
deaths.
(A) The state data may include the Department of Justice
statistics, the State Department of Health Services Vital Statistics,
and information obtained by other relevant state agencies.
(B) The Department of Justice, in consultation with the agencies
and organizations specified in paragraph (1) of subdivision (b), may
develop a model minimal local data set and request data from local
teams for inclusion in the annual report.
(3) Distribute a copy of the report to public officials in the
state who deal with domestic violence issues and to those agencies
responsible for domestic violence death review investigation in each
county.
(d) The Department of Justice may direct the creation of a
statewide domestic violence death review team directory, which shall
contain the names of the members of the agencies and private
organizations participating under this section, the members of local
domestic violence death review teams, and the local liaisons to those
teams. The department may maintain and update the directory
annually.
(e) The agencies or private organizations participating under this
section shall participate without reimbursement from the state.
Costs incurred by participants for travel or per diem shall be borne
by the participant agency or organization. Any reports prepared by
the Department of Justice pursuant to this section shall be in
consultation with the state domestic violence coalition.



11163.6. In order to ensure consistent and uniform results, data
may be collected and summarized by the domestic violence death review
teams to show the statistical occurrence of domestic violence deaths
in the team's county that occur under the following circumstances:
(a) The deceased was a victim of a homicide committed by a current
or former spouse, fiance, or dating partner.
(b) The deceased was the victim of a suicide, was the current or
former spouse, fiance, or dating partner of the perpetrator and was
also the victim of previous acts of domestic violence.
(c) The deceased was the perpetrator of the homicide of a former
or current spouse, fiance, or dating partner and the perpetrator was
also the victim of a suicide.
(d) The deceased was the perpetrator of the homicide of a former
or current spouse, fiance, or dating partner and the perpetrator was
also the victim of a homicide related to the domestic homicide
incident.
(e) The deceased was a child of either the homicide victim or the
perpetrator, or both.
(f) The deceased was a current or former spouse, fiance, or dating
partner of the current or former spouse, fiance, or dating partner
of the perpetrator.
(g) The deceased was a law enforcement officer, emergency medical
personnel, or other agency responding to a domestic violence
incident.
(h) The deceased was a family member, other than identified above,
of the perpetrator.
(i) The deceased was the perpetrator of the homicide of a family
member, other than identified above.
(j) The deceased was a person not included in the above categories
and the homicide was related to domestic violence.

[هيثم الفقى]

Child Abuse and Neglect Reporting Act


11164. (a) This article shall be known and may be cited as the
Child Abuse and Neglect Reporting Act.
(b) The intent and purpose of this article is to protect children
from abuse and neglect. In any investigation of suspected child
abuse or neglect, all persons participating in the investigation of
the case shall consider the needs of the child victim and shall do
whatever is necessary to prevent psychological harm to the child
victim.


11165. As used in this article "child" means a person under the age
of 18 years.



11165.1. As used in this article, "***ual abuse" means ***ual
assault or ***ual exploitation as defined by the following:
(a) "***ual assault" means conduct in violation of one or more of
the following sections: Section 261 (rape), subdivision (d) of
Section 261.5 (statutory rape), 264.1 (rape in concert), 285
(incest), 286 (sodomy), subdivision (a) or (b), or paragraph (1) of
subdivision (c) of Section 288 (lewd or lascivious acts upon a
child), 288a (oral copulation), 289 (***ual penetration), or 647.6
(child molestation).
(b) Conduct described as "***ual assault" includes, but is not
limited to, all of the following:
(1) Any penetration, however slight, of the vagina or anal opening
of one person by the penis of another person, whether or not there
is the emission of semen.
(2) Any ***ual contact between the genitals or anal opening of one
person and the mouth or tongue of another person.
(3) Any intrusion by one person into the genitals or anal opening
of another person, including the use of any object for this purpose,
except that, it does not include acts performed for a valid medical
purpose.
(4) The intentional touching of the genitals or intimate parts
(including the breasts, genital area, groin, inner thighs, and
buttocks) or the clothing covering them, of a child, or of the
perpetrator by a child, for purposes of ***ual arousal or
gratification, except that, it does not include acts which may
reasonably be construed to be normal caretaker responsibilities;
interactions with, or demonstrations of affection for, the child; or
acts performed for a valid medical purpose.
(5) The intentional masturbation of the perpetrator's genitals in
the presence of a child.
(c) "***ual exploitation" refers to any of the following:
(1) Conduct involving matter depicting a minor engaged in obscene
acts in violation of Section 311.2 (preparing, selling, or
distributing obscene matter) or subdivision (a) of Section 311.4
(employment of minor to perform obscene acts).
(2) Any person who knowingly promotes, aids, or assists, employs,
uses, persuades, induces, or coerces a child, or any person
responsible for a child's welfare, who knowingly permits or
encourages a child to engage in, or assist others to engage in,
prostitution or a live performance involving obscene ***ual conduct,
or to either pose or model alone or with others for purposes of
preparing a film, photograph, negative, slide, drawing, painting, or
other pictorial depiction, involving obscene ***ual conduct. For the
purpose of this section, "person responsible for a child's welfare"
means a parent, guardian, foster parent, or a licensed administrator
or employee of a public or private residential home, residential
school, or other residential institution.
(3) Any person who depicts a child in, or who knowingly develops,
duplicates, prints, or exchanges, any film, photograph, video tape,
negative, or slide in which a child is engaged in an act of obscene
***ual conduct, except for those activities by law enforcement and
prosecution agencies and other persons described in subdivisions (c)
and (e) of Section 311.3.


11165.2. As used in this article, "neglect" means the negligent
treatment or the maltreatment of a child by a person responsible for
the child's welfare under circumstances indicating harm or threatened
harm to the child's health or welfare. The term includes both acts
and omissions on the part of the responsible person.
(a) "Severe neglect" means the negligent failure of a person
having the care or custody of a child to protect the child from
severe malnutrition or medically diagnosed nonorganic failure to
thrive. "Severe neglect" also means those situations of neglect
where any person having the care or custody of a child willfully
causes or permits the person or health of the child to be placed in a
situation such that his or her person or health is endangered, as
proscribed by Section 11165.3, including the intentional failure to
provide adequate food, clothing, shelter, or medical care.
(b) "General neglect" means the negligent failure of a person
having the care or custody of a child to provide adequate food,
clothing, shelter, medical care, or supervision where no physical
injury to the child has occurred.
For the purposes of this chapter, a child receiving treatment by
spiritual means as provided in Section 16509.1 of the Welfare and
Institutions Code or not receiving specified medical treatment for
religious reasons, shall not for that reason alone be considered a
neglected child. An informed and appropriate medical decision made
by parent or guardian after consultation with a physician or
physicians who have examined the minor does not constitute neglect.




11165.3. As used in this article, "the willful harming or injuring
of a child or the endangering of the person or health of a child,"
means a situation in which any person willfully causes or permits any
child to suffer, or inflicts thereon, unjustifiable physical pain or
mental suffering, or having the care or custody of any child,
willfully causes or permits the person or health of the child to be
placed in a situation in which his or her person or health is
endangered.


11165.4. As used in this article, "unlawful corporal punishment or
injury" means a situation where any person willfully inflicts upon
any child any cruel or inhuman corporal punishment or injury
resulting in a traumatic condition. It does not include an amount of
force that is reasonable and necessary for a person employed by or
engaged in a public school to quell a disturbance threatening
physical injury to person or damage to property, for purposes of
self-defense, or to obtain possession of weapons or other dangerous
objects within the control of the pupil, as authorized by Section
49001 of the Education Code. It also does not include the exercise
of the degree of physical control authorized by Section 44807 of the
Education Code. It also does not include an injury caused by
reasonable and necessary force used by a peace officer acting within
the course and scope of his or her employment as a peace officer.



11165.5. As used in this article, the term "abuse or neglect in
out-of-home care" includes physical injury or death inflicted upon a
child by another person by other than accidental means, ***ual abuse
as defined in Section 11165.1, neglect as defined in Section 11165.2,
unlawful corporal punishment or injury as defined in Section
11165.4, or the willful harming or injuring of a child or the
endangering of the person or health of a child, as defined in Section
11165.3, where the person responsible for the child's welfare is a
licensee, administrator, or employee of any facility licensed to care
for children, or an administrator or employee of a public or private
school or other institution or agency. "Abuse or neglect in
out-of-home care" does not include an injury caused by reasonable and
necessary force used by a peace officer acting within the course and
scope of his or her employment as a peace officer.



11165.6. As used in this article, the term "child abuse or neglect"
includes physical injury or death inflicted by other than accidental
means upon a child by another person, ***ual abuse as defined in
Section 11165.1, neglect as defined in Section 11165.2, the willful
harming or injuring of a child or the endangering of the person or
health of a child, as defined in Section 11165.3, and unlawful
corporal punishment or injury as defined in Section 11165.4. "Child
abuse or neglect" does not include a mutual affray between minors.
"Child abuse or neglect" does not include an injury caused by
reasonable and necessary force used by a peace officer acting within
the course and scope of his or her employment as a peace officer.




11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by any public
or private school.
(4) A classified employee of any public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of any public
or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any employee of a county office of education or the California
Department of Education, whose duties bring the employee into
contact with children on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any person who is an administrator or presenter of, or a
counselor in, a child abuse prevention program in any public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker unless the investigator, inspector, or
caseworker is working with an attorney appointed pursuant to Section
317 of the Welfare and Institutions Code to represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician, surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage, family and child counselor,
clinical social worker, or any other person who is currently licensed
under Division 2 (commencing with Section 500) of the Business and
Professions Code.
(22) Any emergency medical technician I or II, paramedic, or other
person certified pursuant to Division 2.5 (commencing with Section
1797) of the Health and Safety Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage, family, and child therapist trainee, as defined
in subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage, family, and child therapist intern
registered under Section 4980.44 of the Business and Professions
Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner, or any other person who performs
autopsies.
(29) A commercial film and photographic print processor, as
specified in subdivision (e) of Section 11166. As used in this
article, "commercial film and photographic print processor" means any
person who develops exposed photographic film into negatives,
slides, or prints, or who makes prints from negatives or slides, for
compensation. The term includes any employee of such a person; it
does not include a person who develops film or makes prints for a
public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any person who, for financial compensation,
acts as monitor of a visit between a child and any other person when
the monitoring of that visit has been ordered by a court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any person employed by a city,
county, or city and county for the purpose of enforcing animal
control laws or regulations.
(B) "Humane society officer" means any person appointed or
employed by a public or private entity as a humane officer who is
qualified pursuant to Section 14502 or 14503 of the Corporations
Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any employee of any police department, county sheriff's
department, county probation department, or county welfare
department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424 of the California Rules of
Court.
(36) A custodial officer as defined in Section 831.5.
(37) Any person providing services to a minor child under Section
12300 or 12300.1 of the Welfare and Institutions Code.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.



11165.9. Reports of suspected child abuse or neglect shall be made
by mandated reporters, or in the case of reports pursuant to Section
11166.05, may be made, to any police department or sheriff's
department, not including a school district police or security
department, county probation department, if designated by the county
to receive mandated reports, or the county welfare department. Any of
those agencies shall accept a report of suspected child abuse or
neglect whether offered by a mandated reporter or another person, or
referred by another agency, even if the agency to whom the report is
being made lacks subject matter or geographical jurisdiction to
investigate the reported case, unless the agency can immediately
electronically transfer the call to an agency with proper
jurisdiction. When an agency takes a report about a case of suspected
child abuse or neglect in which that agency lacks jurisdiction, the
agency shall immediately refer the case by telephone, fax, or
electronic transmission to an agency with proper jurisdiction.
Agencies that are required to receive reports of suspected child
abuse or neglect may not refuse to accept a report of suspected child
abuse or neglect from a mandated reporter or another person unless
otherwise authorized pursuant to this section, and shall maintain a
record of all reports received.


11165.11. As used in this article, "licensing agency" means the
State Department of Social Services office responsible for the
licensing and enforcement of the California Community Care
Facilities Act (Chapter 3 (commencing with Section 1500) of Division
2 of the Health and Safety Code), the California Child Day Care Act
(Chapter 3.4 (commencing with Section 1596.70) of Division 2 of the
Health and Safety Code), and Chapter 3.5 (commencing with Section
1596.90) of Division 2 of the Health and Safety Code), or the county
licensing agency which has contracted with the state for performance
of those duties.


11165.12. As used in this article, the following definitions shall
control:
(a) "Unfounded report" means a report that is determined by the
investigator who conducted the investigation to be false, to be
inherently improbable, to involve an accidental injury, or not to
constitute child abuse or neglect, as defined in Section 11165.6.
(b) "Substantiated report" means a report that is determined by
the investigator who conducted the investigation to constitute child
abuse or neglect, as defined in Section 11165.6, based upon evidence
that makes it more likely than not that child abuse or neglect, as
defined, occurred.
(c) "Inconclusive report" means a report that is determined by the
investigator who conducted the investigation not to be unfounded,
but the findings are inconclusive and there is insufficient evidence
to determine whether child abuse or neglect, as defined in Section
11165.6, has occurred.



11165.13. For purposes of this article, a positive toxicology
screen at the time of the delivery of an infant is not in and of
itself a sufficient basis for reporting child abuse or neglect.
However, any indication of maternal substance abuse shall lead to an
assessment of the needs of the mother and child pursuant to Section
123605 of the Health and Safety Code. If other factors are present
that indicate risk to a child, then a report shall be made. However,
a report based on risk to a child which relates solely to the
inability of the parent to provide the child with regular care due to
the parent's substance abuse shall be made only to a county welfare
or probation department, and not to a law enforcement agency.




11165.14. The appropriate local law enforcement agency shall
investigate a child abuse complaint filed by a parent or guardian of
a pupil with a school or an agency specified in Section 11165.9
against a school employee or other person that commits an act of
child abuse, as defined in this article, against a pupil at a
schoolsite and shall transmit a substantiated report, as defined in
Section 11165.12, of that investigation to the governing board of the
appropriate school district or county office of education. A
substantiated report received by a governing board of a school
district or county office of education shall be subject to the
provisions of Section 44031 of the Education Code.



11166. (a) Except as provided in subdivision (d), and in Section
11166.05, a mandated reporter shall make a report to an agency
specified in Section 11165.9 whenever the mandated reporter, in his
or her professional capacity or within the scope of his or her
employment, has knowledge of or observes a child whom the mandated
reporter knows or reasonably suspects has been the victim of child
abuse or neglect. The mandated reporter shall make an initial report
to the agency immediately or as soon as is practicably possible by
telephone and the mandated reporter shall prepare and send, fax, or
electronically transmit a written followup report thereof within 36
hours of receiving the information concerning the incident. The
mandated reporter may include with the report any nonprivileged
documentary evidence the mandated reporter possesses relating to the
incident.
(1) For the purposes of this article, "reasonable suspicion" means
that it is objectively reasonable for a person to entertain a
suspicion, based upon facts that could cause a reasonable person in a
like position, drawing, when appropriate, on his or her training and
experience, to suspect child abuse or neglect. For the purpose of
this article, the pregnancy of a minor does not, in and of itself,
constitute a basis for a reasonable suspicion of ***ual abuse.
(2) The agency shall be notified and a report shall be prepared
and sent, faxed, or electronically transmitted even if the child has
expired, regardless of whether or not the possible abuse was a factor
contributing to the death, and even if suspected child abuse was
discovered during an autopsy.
(3) Any report made by a mandated reporter pursuant to this
section shall be known as a mandated report.
(b) If after reasonable efforts a mandated reporter is unable to
submit an initial report by telephone, he or she shall immediately or
as soon as is practicably possible, by fax or electronic
transmission, make a one-time automated written report on the form
prescribed by the Department of Justice, and shall also be available
to respond to a telephone followup call by the agency with which he
or she filed the report. A mandated reporter who files a one-time
automated written report because he or she was unable to submit an
initial report by telephone is not required to submit a written
followup report.
(1) The one-time automated written report form prescribed by the
Department of Justice shall be clearly identifiable so that it is not
mistaken for a standard written followup report. In addition, the
automated one-time report shall contain a section that allows the
mandated reporter to state the reason the initial telephone call was
not able to be completed. The reason for the submission of the
one-time automated written report in lieu of the procedure prescribed
in subdivision (a) shall be captured in the Child Welfare
Services/Case Management System (CWS/CMS). The department shall work
with stakeholders to modify reporting forms and the CWS/CMS as is
necessary to accommodate the changes enacted by these provisions.
(2) This subdivision shall not become operative until the CWS/CMS
is updated to capture the information prescribed in this subdivision.

(3) This subdivision shall become inoperative three years after
this subdivision becomes operative or on January 1, 2009, whichever
occurs first.
(4) On the inoperative date of these provisions, a report shall be
submitted to the counties and the Legislature by the Department of
Social Services that reflects the data collected from automated
one-time reports indicating the reasons stated as to why the
automated one-time report was filed in lieu of the initial telephone
report.
(5) Nothing in this section shall supersede the requirement that a
mandated reporter first attempt to make a report via telephone, or
that agencies specified in Section 11165.9 accept reports from
mandated reporters and other persons as required.
(c) Any mandated reporter who fails to report an incident of known
or reasonably suspected child abuse or neglect as required by this
section is guilty of a misdemeanor punishable by up to six months
confinement in a county jail or by a fine of one thousand dollars
($1,000) or by both that imprisonment and fine. If a mandated
reporter intentionally conceals his or her failure to report an
incident known by the mandated reporter to be abuse or severe neglect
under this section, the failure to report is a continuing offense
until an agency specified in Section 11165.9 discovers the offense.
(d) (1) A clergy member who acquires knowledge or a reasonable
suspicion of child abuse or neglect during a penitential
communication is not subject to subdivision (a). For the purposes of
this subdivision, "penitential communication" means a communication,
intended to be in confidence, including, but not limited to, a
sacramental confession, made to a clergy member who, in the course of
the discipline or practice of his or her church, denomination, or
organization, is authorized or accustomed to hear those
communications, and under the discipline, tenets, customs, or
practices of his or her church, denomination, or organization, has a
duty to keep those communications secret.
(2) Nothing in this subdivision shall be construed to modify or
limit a clergy member's duty to report known or suspected child abuse
or neglect when the clergy member is acting in some other capacity
that would otherwise make the clergy member a mandated reporter.
(3) (A) On or before January 1, 2004, a clergy member or any
custodian of records for the clergy member may report to an agency
specified in Section 11165.9 that the clergy member or any custodian
of records for the clergy member, prior to January 1, 1997, in his or
her professional capacity or within the scope of his or her
employment, other than during a penitential communication, acquired
knowledge or had a reasonable suspicion that a child had been the
victim of ***ual abuse that the clergy member or any custodian of
records for the clergy member did not previously report the abuse to
an agency specified in Section 11165.9. The provisions of Section
11172 shall apply to all reports made pursuant to this paragraph.
(B) This paragraph shall apply even if the victim of the known or
suspected abuse has reached the age of majority by the time the
required report is made.
(C) The local law enforcement agency shall have jurisdiction to
investigate any report of child abuse made pursuant to this paragraph
even if the report is made after the victim has reached the age of
majority.
(e) Any commercial film and photographic print processor who has
knowledge of or observes, within the scope of his or her professional
capacity or employment, any film, photograph, videotape, negative,
or slide depicting a child under the age of 16 years engaged in an
act of ***ual conduct, shall report the instance of suspected child
abuse to the law enforcement agency having jurisdiction over the case
immediately, or as soon as practicably possible, by telephone and
shall prepare and send, fax, or electronically transmit a written
report of it with a copy of the film, photograph, videotape,
negative, or slide attached within 36 hours of receiving the
information concerning the incident. As used in this subdivision,
"***ual conduct" means any of the following:
(1) ***ual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite *** or between humans and animals.
(2) Penetration of the vagina or rectum by any object.
(3) Masturbation for the purpose of ***ual stimulation of the
viewer.
(4) Sadomasochistic abuse for the purpose of ***ual stimulation of
the viewer.
(5) Exhibition of the genitals, pubic, or rectal areas of any
person for the purpose of ***ual stimulation of the viewer.
(f) Any mandated reporter who knows or reasonably suspects that
the home or institution in which a child resides is unsuitable for
the child because of abuse or neglect of the child shall bring the
condition to the attention of the agency to which, and at the same
time as, he or she makes a report of the abuse or neglect pursuant to
subdivision (a).
(g) Any other person who has knowledge of or observes a child whom
he or she knows or reasonably suspects has been a victim of child
abuse or neglect may report the known or suspected instance of child
abuse or neglect to an agency specified in Section 11165.9. For
purposes of this section, "any other person" includes a mandated
reporter who acts in his or her private capacity and not in his or
her professional capacity or within the scope of his or her
employment.
(h) When two or more persons, who are required to report, jointly
have knowledge of a known or suspected instance of child abuse or
neglect, and when there is agreement among them, the telephone report
may be made by a member of the team selected by mutual agreement and
a single report may be made and signed by the selected member of the
reporting team. Any member who has knowledge that the member
designated to report has failed to do so shall thereafter make the
report.
(i) (1) The reporting duties under this section are individual,
and no supervisor or administrator may impede or inhibit the
reporting duties, and no person making a report shall be subject to
any sanction for making the report. However, internal procedures to
facilitate reporting and apprise supervisors and administrators of
reports may be established provided that they are not inconsistent
with this article.
(2) The internal procedures shall not require any employee
required to make reports pursuant to this article to disclose his or
her identity to the employer.
(3) Reporting the information regarding a case of possible child
abuse or neglect to an employer, supervisor, school principal, school
counselor, coworker, or other person shall not be a substitute for
making a mandated report to an agency specified in Section 11165.9.
(j) A county probation or welfare department shall immediately, or
as soon as practicably possible, report by telephone, fax, or
electronic transmission to the law enforcement agency having
jurisdiction over the case, to the agency given the responsibility
for investigation of cases under Section 300 of the Welfare and
Institutions Code, and to the district attorney's office every known
or suspected instance of child abuse or neglect, as defined in
Section 11165.6, except acts or omissions coming within subdivision
(b) of Section 11165.2, or reports made pursuant to Section 11165.13
based on risk to a child which relates solely to the inability of the
parent to provide the child with regular care due to the parent's
substance abuse, which shall be reported only to the county welfare
or probation department. A county probation or welfare department
also shall send, fax, or electronically transmit a written report
thereof within 36 hours of receiving the information concerning the
incident to any agency to which it makes a telephone report under
this subdivision.
(k) A law enforcement agency shall immediately, or as soon as
practicably possible, report by telephone, fax, or electronic
transmission to the agency given responsibility for investigation of
cases under Section 300 of the Welfare and Institutions Code and to
the district attorney's office every known or suspected instance of
child abuse or neglect reported to it, except acts or omissions
coming within subdivision (b) of Section 11165.2, which shall be
reported only to the county welfare or probation department. A law
enforcement agency shall report to the county welfare or probation
department every known or suspected instance of child abuse or
neglect reported to it which is alleged to have occurred as a result
of the action of a person responsible for the child's welfare, or as
the result of the failure of a person responsible for the child's
welfare to adequately protect the minor from abuse when the person
responsible for the child's welfare knew or reasonably should have
known that the minor was in danger of abuse. A law enforcement agency
also shall send, fax, or electronically transmit a written report
thereof within 36 hours of receiving the information concerning the
incident to any agency to which it makes a telephone report under
this subdivision.



11166.01. (a) Except as provided in subdivision (b), any supervisor
or administrator who violates paragraph (1) of subdivision (i) of
Section 11166 shall be punished by not more than six months in a
county jail, by a fine of not more than one thousand dollars
($1,000), or by both that fine and imprisonment.
(b) Notwithstanding Section 11162 or subdivision (c) of Section
11166, any mandated reporter who willfully fails to report abuse or
neglect, or any person who impedes or inhibits a report of abuse or
neglect, in violation of this article, where that abuse or neglect
results in death or great bodily injury, shall be punished by not
more than one year in a county jail, by a fine of not more than five
thousand dollars ($5,000), or by both that fine and imprisonment.



11166.05. Any mandated reporter who has knowledge of or who
reasonably suspects that a child is suffering serious emotional
damage or is at a substantial risk of suffering serious emotional
damage, evidenced by states of being or behavior, including, but not
limited to, severe anxiety, depression, withdrawal, or untoward
aggressive behavior toward self or others, may make a report to an
agency specified in Section 11165.9.



11166.1. (a) When an agency receives a report pursuant to Section
11166 that contains either of the following, it shall, within 24
hours, notify the licensing office with jurisdiction over the
facility:
(1) A report of abuse alleged to have occurred in facilities
licensed to care for children by the State Department of Social
Services.
(2) A report of the death of a child who was, at the time of
death, living at, enrolled in, or regularly attending a facility
licensed to care for children by the State Department of Social
Services, unless the circumstances of the child's death are clearly
unrelated to the child's care at the facility.
The agency shall send the licensing agency a copy of its
investigation and any other pertinent materials.
(b) Any employee of an agency specified in Section 11165.9 who has
knowledge of, or observes in his or her professional capacity or
within the scope of his or her employment, a child in protective
custody whom he or she knows or reasonably suspects has been the
victim of child abuse or neglect shall, within 36 hours, send or have
sent to the attorney who represents the child in dependency court, a
copy of the report prepared in accordance with Section 11166. The
agency shall maintain a copy of the written report. All information
requested by the attorney for the child or the child's guardian ad
litem shall be provided by the agency within 30 days of the request.




11166.2. In addition to the reports required under Section 11166,
any agency specified in Section 11165.9 shall immediately or as soon
as practically possible report by telephone, fax, or electronic
transmission to the appropriate licensing agency every known or
suspected instance of child abuse or neglect when the instance of
abuse or neglect occurs while the child is being cared for in a child
day care facility, involves a child day care licensed staff person,
or occurs while the child is under the supervision of a community
care facility or involves a community care facility licensee or staff
person. The agency shall also send, fax, or electronically transmit
a written report thereof within 36 hours of receiving the
information concerning the incident to any agency to which it makes a
telephone report under this subdivision. The agency shall send the
licensing agency a copy of its investigation report and any other
pertinent materials.


11166.3. (a) The Legislature intends that in each county the law
enforcement agencies and the county welfare or probation department
shall develop and implement cooperative arrangements in order to
coordinate existing duties in connection with the investigation of
suspected child abuse or neglect cases. The local law enforcement
agency having jurisdiction over a case reported under Section 11166
shall report to the county welfare or probation department that it is
investigating the case within 36 hours after starting its
investigation. The county welfare department or probation department
shall, in cases where a minor is a victim of actions specified in
Section 288 of this code and a petition has been filed pursuant to
Section 300 of the Welfare and Institutions Code with regard to the
minor, evaluate what action or actions would be in the best interest
of the child victim. Notwithstanding any other provision of law, the
county welfare department or probation department shall submit in
writing its findings and the reasons therefor to the district
attorney on or before the completion of the investigation. The
written findings and the reasons therefor shall be delivered or made
accessible to the defendant or his or her counsel in the manner
specified in Section 859.
(b) The local law enforcement agency having jurisdiction over a
case reported under Section 11166 shall report to the district office
of the State Department of Social Services any case reported under
this section if the case involves a facility specified in paragraph
(5) or (6) of subdivision (a) of Section 1502, Section 1596.750 or
1596.76 of the Health and Safety Code, and the licensing of the
facility has not been delegated to a county agency. The law
enforcement agency shall send a copy of its investigation report and
any other pertinent materials to the licensing agency upon the
request of the licensing agency.



11166.5. (a) On and after January 1, 1985, any mandated reporter as
specified in Section 11165.7, with the exception of child visitation
monitors, prior to commencing his or her employment, and as a
prerequisite to that employment, shall sign a statement on a form
provided to him or her by his or her employer to the effect that he
or she has knowledge of the provisions of Section 11166 and will
comply with those provisions. The statement shall inform the
employee that he or she is a mandated reporter and inform the
employee of his or her reporting obligations under Section 11166 and
of his or her confidentiality rights under subdivision (d) of Section
11167. The employer shall provide a copy of Sections 11165.7,
11166, and 11167 to the employee.
On and after January 1, 1993, any person who acts as a child
visitation monitor, as defined in paragraph (30) of subdivision (a)
of Section 11165.7, prior to engaging in monitoring the first visit
in a case, shall sign a statement on a form provided to him or her by
the court which ordered the presence of that third person during the
visit, to the effect that he or she has knowledge of the provisions
of Section 11166 and will comply with those provisions.
The signed statements shall be retained by the employer or the
court, as the case may be. The cost of printing, distribution, and
filing of these statements shall be borne by the employer or the
court.
This subdivision is not applicable to persons employed by public
or private youth centers, youth recreation programs, and youth
organizations as members of the support staff or maintenance staff
and who do not work with, observe, or have knowledge of children as
part of their official duties.
(b) On and after January 1, 1986, when a person is issued a state
license or certificate to engage in a profession or occupation, the
members of which are required to make a report pursuant to Section
11166, the state agency issuing the license or certificate shall send
a statement substantially similar to the one contained in
subdivision (a) to the person at the same time as it transmits the
document indicating licensure or certification to the person. In
addition to the requirements contained in subdivision (a), the
statement also shall indicate that failure to comply with the
requirements of Section 11166 is a misdemeanor, punishable by up to
six months in a county jail, by a fine of one thousand dollars
($1,000), or by both that imprisonment and fine.
(c) As an alternative to the procedure required by subdivision
(b), a state agency may cause the required statement to be printed on
all application forms for a license or certificate printed on or
after January 1, 1986.
(d) On and after January 1, 1993, any child visitation monitor, as
defined in paragraph (30) of subdivision (a) of Section 11165.7, who
desires to act in that capacity shall have received training in the
duties imposed by this article, including training in child abuse
identification and child abuse reporting. The person, prior to
engaging in monitoring the first visit in a case, shall sign a
statement on a form provided to him or her by the court which ordered
the presence of that third person during the visit, to the effect
that he or she has received this training. This statement may be
included in the statement required by subdivision (a) or it may be a
separate statement. This statement shall be filed, along with the
statement required by subdivision (a), in the court file of the case
for which the visitation monitoring is being provided.
(e) Any person providing services to a minor child, as described
in paragraph (37) of subdivision (a) of Section 11165.7, shall not be
required to make a report pursuant to Section 11166 unless that
person has received training, or instructional materials in the
appropriate language, on the duties imposed by this article,
including identifying and reporting child abuse and neglect.



11167. (a) Reports of suspected child abuse or neglect pursuant to
Section 11166 or Section 11166.05 shall include the name, business
address, and telephone number of the mandated reporter; the capacity
that makes the person a mandated reporter; and the information that
gave rise to the reasonable suspicion of child abuse or neglect and
the source or sources of that information. If a report is made, the
following information, if known, shall also be included in the
report: the child's name, the child's address, present location, and,
if applicable, school, grade, and class; the names, addresses, and
telephone numbers of the child's parents or guardians; and the name,
address, telephone number, and other relevant personal information
about the person or persons who might have abused or neglected the
child. The mandated reporter shall make a report even if some of this
information is not known or is uncertain to him or her.
(b) Information relevant to the incident of child abuse or neglect
may be given to an investigator from an agency that is investigating
the known or suspected case of child abuse or neglect.
(c) Information relevant to the incident of child abuse or
neglect, including the investigation report and other pertinent
materials, may be given to the licensing agency when it is
investigating a known or suspected case of child abuse or neglect.
(d) (1) The identity of all persons who report under this article
shall be confidential and disclosed only among agencies receiving or
investigating mandated reports, to the prosecutor in a criminal
prosecution or in an action initiated under Section 602 of the
Welfare and Institutions Code arising from alleged child abuse, or to
counsel appointed pursuant to subdivision (c) of Section 317 of the
Welfare and Institutions Code, or to the county counsel or prosecutor
in a proceeding under Part 4 (commencing with Section 7800) of
Division 12 of the Family Code or Section 300 of the Welfare and
Institutions Code, or to a licensing agency when abuse or neglect in
out-of-home care is reasonably suspected, or when those persons waive
confidentiality, or by court order.
(2) No agency or person listed in this subdivision shall disclose
the identity of any person who reports under this article to that
person's employer, except with the employee's consent or by court
order.
(e) Notwithstanding the confidentiality requirements of this
section, a representative of a child protective services agency
performing an investigation that results from a report of suspected
child abuse or neglect made pursuant to Section 11166 or Section
11166.05, at the time of the initial contact with the individual who
is subject to the investigation, shall advise the individual of the
complaints or allegations against him or her, in a manner that is
consistent with laws protecting the identity of the reporter under
this article.
(f) Persons who may report pursuant to subdivision (g) of Section
11166 are not required to include their names.




11167.5. (a) The reports required by Sections 11166 and 11166.2, or
authorized by Section 11166.05, and child abuse or neglect
investigative reports that result in a summary report being filed
with the Department of Justice pursuant to subdivision (a) of Section
11169 shall be confidential and may be disclosed only as provided in
subdivision (b). Any violation of the confidentiality provided by
this article is a misdemeanor punishable by imprisonment in a county
jail not to exceed six months, by a fine of five hundred dollars
($500), or by both that imprisonment and fine.
(b) Reports of suspected child abuse or neglect and information
contained therein may be disclosed only to the following:
(1) Persons or agencies to whom disclosure of the identity of the
reporting party is permitted under Section 11167.
(2) Persons or agencies to whom disclosure of information is
permitted under subdivision (b) of Section 11170 or subdivision (a)
of Section 11170.5.
(3) Persons or agencies with whom investigations of child abuse or
neglect are coordinated under the regulations promulgated under
Section 11174.
(4) Multidisciplinary personnel teams as defined in subdivision
(d) of Section 18951 of the Welfare and Institutions Code.
(5) Persons or agencies responsible for the licensing of
facilities which care for children, as specified in Section 11165.7.

(6) The State Department of Social Services or any county
licensing agency which has contracted with the state, as specified in
paragraph (4) of subdivision (b) of Section 11170, when an
individual has applied for a community care license or child day care
license, or for employment in an out-of-home care facility, or when
a complaint alleges child abuse or neglect by an operator or employee
of an out-of-home care facility.
(7) Hospital scan teams. As used in this paragraph, "hospital scan
team" means a team of three or more persons established by a
hospital, or two or more hospitals in the same county, consisting of
health care professionals and representatives of law enforcement and
child protective services, the members of which are engaged in the
identification of child abuse or neglect. The disclosure authorized
by this section includes disclosure among all hospital scan teams.
(8) Coroners and medical examiners when conducting a post mortem
examination of a child.
(9) The Board of Parole Hearings, which may subpoena an employee
of a county welfare department who can provide relevant evidence and
reports that both (A) are not unfounded, pursuant to Section
11165.12, and (B) concern only the current incidents upon which
parole revocation proceedings are pending against a parolee charged
with child abuse or neglect. The reports and information shall be
confidential pursuant to subdivision (d) of Section 11167.
(10) Personnel from an agency responsible for making a placement
of a child pursuant to Section 361.3 of, and Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of, the
Welfare and Institutions Code.
(11) Persons who have been identified by the Department of Justice
as listed in the Child Abuse Central Index pursuant to paragraph (7)
of subdivision (b) of Section 11170 or subdivision (c) of Section
11170, or persons who have verified with the Department of Justice
that they are listed in the Child Abuse Central Index as provided in
subdivision (f) of Section 11170. Disclosure under this paragraph is
required notwithstanding the California Public Records Act, Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code. Nothing in this paragraph shall preclude a
submitting agency prior to disclosure from redacting any information
necessary to maintain confidentiality as required by law.
(12) Out-of-state law enforcement agencies conducting an
investigation of child abuse or neglect only when an agency makes the
request for reports of suspected child abuse or neglect in writing
and on official letterhead, or as designated by the Department of
Justice, identifying the suspected abuser or victim by name and date
of birth or approximate age. The request shall be signed by the
department supervisor of the requesting law enforcement agency. The
written request shall cite the out-of-state statute or interstate
compact provision that requires that the information contained within
these reports is to be disclosed only to law enforcement,
prosecutorial entities, or multidisciplinary investigative teams, and
shall cite the safeguards in place to prevent unlawful disclosure
provided by the requesting state or the applicable interstate compact
provision.
(13) Out-of-state agencies responsible for approving prospective
foster or adoptive parents for placement of a child only when the
agency makes the request in compliance with the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248). The request
shall also cite the safeguards in place to prevent unlawful
disclosure provided by the requesting state or the applicable
interstate compact provision and indicate that the requesting state
shall maintain continual compliance with the requirement in paragraph
(20) of subdivision (a) of Section 671 of Title 42 of the United
States Code that requires the state have in place safeguards to
prevent the unauthorized disclosure of information in any child abuse
and neglect registry maintained by the state and prevent the
information from being used for a purpose other than the conducting
of background checks in foster or adoptive placement cases.
(14) Each chairperson of a county child death review team, or his
or her designee, to whom disclosure of information is permitted under
this article, relating to the death of one or more children and any
prior child abuse or neglect investigation reports maintained
involving the same victim, siblings, or suspects. Local child death
review teams may share any relevant information regarding case
reviews involving child death with other child death review teams.
(c) Authorized persons within county health departments shall be
permitted to receive copies of any reports made by health
practitioners, as defined in paragraphs (21) to (28), inclusive, of
subdivision (a) of Section 11165.7, and pursuant to Section 11165.13,
and copies of assessments completed pursuant to Sections 123600 and
123605 of the Health and Safety Code, to the extent permitted by
federal law. Any information received pursuant to this subdivision is
protected by subdivision (e).
(d) Nothing in this section requires the Department of Justice to
disclose information contained in records maintained under Section
11170 or under the regulations promulgated pursuant to Section 11174,
except as otherwise provided in this article.
(e) This section shall not be interpreted to allow disclosure of
any reports or records relevant to the reports of child abuse or
neglect if the disclosure would be prohibited by any other provisions
of state or federal law applicable to the reports or records
relevant to the reports of child abuse or neglect.



11168. The written reports required by Section 11166 shall be
submitted on forms adopted by the Department of Justice after
consultation with representatives of the various professional medical
associations and hospital associations and county probation or
welfare departments. Those forms shall be distributed by the
agencies specified in Section 11165.9.



11169. (a) An agency specified in Section 11165.9 shall forward to
the Department of Justice a report in writing of every case it
investigates of known or suspected child abuse or severe neglect
which is determined not to be unfounded, other than cases coming
within subdivision (b) of Section 11165.2. An agency shall not
forward a report to the Department of Justice unless it has conducted
an active investigation and determined that the report is not
unfounded, as defined in Section 11165.12. If a report has
previously been filed which subsequently proves to be unfounded, the
Department of Justice shall be notified in writing of that fact and
shall not retain the report. The reports required by this section
shall be in a form approved by the Department of Justice and may be
sent by fax or electronic transmission. An agency specified in
Section 11165.9 receiving a written report from another agency
specified in Section 11165.9 shall not send that report to the
Department of Justice.
(b) At the time an agency specified in Section 11165.9 forwards a
report in writing to the Department of Justice pursuant to
subdivision (a), the agency shall also notify in writing the known or
suspected child abuser that he or she has been reported to the Child
Abuse Central Index. The notice required by this section shall be
in a form approved by the Department of Justice. The requirements of
this subdivision shall apply with respect to reports forwarded to
the department on or after the date on which this subdivision becomes
operative.
(c) Agencies shall retain child abuse or neglect investigative
reports that result in a report filed with the Department of Justice
pursuant to subdivision (a) for the same period of time that the
information is required to be maintained on the Child Abuse Central
Index pursuant to this section and subdivision (a) of Section 11170.
Nothing in this section precludes an agency from retaining the
reports for a longer period of time if required by law.
(d) The immunity provisions of Section 11172 shall not apply to
the submission of a report by an agency pursuant to this section.
However, nothing in this section shall be construed to alter or
diminish any other immunity provisions of state or federal law.



11170. (a) (1) The Department of Justice shall maintain an index of
all reports of child abuse and severe neglect submitted pursuant to
Section 11169. The index shall be continually updated by the
department and shall not contain any reports that are determined to
be unfounded. The department may adopt rules governing recordkeeping
and reporting pursuant to this article.
(2) The department shall act only as a repository of reports of
suspected child abuse and severe neglect to be maintained in the
Child Abuse Central Index pursuant to paragraph (1). The submitting
agencies are responsible for the accuracy, completeness, and
retention of the reports described in this section. The department
shall be responsible for ensuring that the Child Abuse Central Index
accurately reflects the report it receives from the submitting
agency.
(3) Information from an inconclusive or unsubstantiated report
filed pursuant to subdivision (a) of Section 11169 shall be deleted
from the Child Abuse Central Index after 10 years if no subsequent
report concerning the same suspected child abuser is received within
that time period. If a subsequent report is received within that
10-year period, information from any prior report, as well as any
subsequently filed report, shall be maintained on the Child Abuse
Central Index for a period of 10 years from the time the most recent
report is received by the department.
(b) (1) The Department of Justice shall immediately notify an
agency that submits a report pursuant to Section 11169, or a
prosecutor who requests notification, of any information maintained
pursuant to subdivision (a) that is relevant to the known or
suspected instance of child abuse or severe neglect reported by the
agency. The agency shall make that information available to the
reporting medical practitioner, child custodian, guardian ad litem
appointed under Section 326, or counsel appointed under Section 317
or 318 of the Welfare and Institutions Code, or the appropriate
licensing agency, if he or she is treating or investigating a case of
known or suspected child abuse or severe neglect.
(2) When a report is made pursuant to subdivision (a) of Section
11166, or Section 11166.05, the investigating agency, upon completion
of the investigation or after there has been a final disposition in
the matter, shall inform the person required or authorized to report,
of the results of the investigation and of any action the agency is
taking with regard to the child or family.
(3) The Department of Justice shall make available to a law
enforcement agency, county welfare department, or county probation
department that is conducting a child abuse investigation, relevant
information contained in the index.
(4) The department shall make available to the State Department of
Social Services, or to any county licensing agency that has
contracted with the state for the performance of licensing duties, or
to a tribal court or tribal child welfare agency of a tribe or
consortium of tribes that has entered into an agreement with the
state pursuant to Section 10553.1 of the Welfare and Institutions
Code, information regarding a known or suspected child abuser
maintained pursuant to this section and subdivision (a) of Section
11169 concerning any person who is an applicant for licensure or any
adult who resides or is employed in the home of an applicant for
licensure or who is an applicant for employment in a position having
supervisorial or disciplinary power over a child or children, or who
will provide 24-hour care for a child or children in a residential
home or facility, pursuant to Section 1522.1 or 1596.877 of the
Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the
Family Code.
(5) The Department of Justice shall make available to a Court
Appointed Special Advocate program that is conducting a background
investigation of an applicant seeking employment with the program or
a volunteer position as a Court Appointed Special Advocate, as
defined in Section 101 of the Welfare and Institutions Code,
information contained in the index regarding known or suspected child
abuse by the applicant.
(6) For purposes of child death review, the Department of Justice
shall make available to the chairperson, or the chairperson's
designee, for each county child death review team, or the State Child
Death Review Council, information maintained in the Child Abuse
Central Index pursuant to subdivision (a) of Section 11170 relating
to the death of one or more children and any prior child abuse or
neglect investigation reports maintained involving the same victims,
siblings, or suspects. Local child death review teams may share any
relevant information regarding case reviews involving child death
with other child death review teams.
(7) The department shall make available to investigative agencies
or probation officers, or court investigators acting pursuant to
Section 1513 of the Probate Code, responsible for placing children or
assessing the possible placement of children pursuant to Article 6
(commencing with Section 300), Article 7 (commencing with Section
305), Article 10 (commencing with Section 360), or Article 14
(commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of
the Welfare and Institutions Code, Article 2 (commencing with
Section 1510) or Article 3 (commencing with Section 1540) of Chapter
1 of Part 2 of Division 4 of the Probate Code, information regarding
a known or suspected child abuser contained in the index concerning
any adult residing in the home where the child may be placed, when
this information is requested for purposes of ensuring that the
placement is in the best interest of the child. Upon receipt of
relevant information concerning child abuse or neglect investigation
reports contained in the index from the Department of Justice
pursuant to this subdivision, the agency or court investigator shall
notify, in writing, the person listed in the Child Abuse Central
Index that he or she is in the index. The notification shall include
the name of the reporting agency and the date of the report.
(8) The Department of Justice shall make available to a government
agency conducting a background investigation pursuant to Section
1031 of the Government Code of an applicant seeking employment as a
peace officer, as defined in Section 830, information regarding a
known or suspected child abuser maintained pursuant to this section
concerning the applicant.
(9) (A) Persons or agencies, as specified in subdivision (b), if
investigating a case of known or suspected child abuse or neglect, or
the State Department of Social Services or any county licensing
agency pursuant to paragraph (4), or a Court Appointed Special
Advocate program conducting a background investigation for employment
or volunteer candidates pursuant to paragraph (5), or an
investigative agency, probation officer, or court investigator
responsible for placing children or assessing the possible placement
of children pursuant to paragraph (7), or a government agency
conducting a background investigation of an applicant seeking
employment as a peace officer pursuant to paragraph (8), to whom
disclosure of any information maintained pursuant to subdivision (a)
is authorized, are responsible for obtaining the original
investigative report from the reporting agency, and for drawing
independent conclusions regarding the quality of the evidence
disclosed, and its sufficiency for making decisions regarding
investigation, prosecution, licensing, placement of a child,
employment or volunteer positions with a CASA program, or employment
as a peace officer.
(B) If Child Abuse Central Index information is requested by an
agency for the temporary placement of a child in an emergency
situation pursuant to Article 7 (commencing with Section 305) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, the department is exempt from the requirements of Section
1798.18 of the Civil Code if compliance would cause a delay in
providing an expedited response to the agency's inquiry and if
further delay in placement may be detrimental to the child.
(10) (A) Whenever information contained in the Department of
Justice files is furnished as the result of an application for
employment or licensing pursuant to paragraph (4), (5), or (8), the
Department of Justice may charge the person or entity making the
request a fee. The fee shall not exceed the reasonable costs to the
department of providing the information. The only increase shall be
at a rate not to exceed the legislatively approved cost-of-living
adjustment for the department. In no case shall the fee exceed
fifteen dollars ($15).
(B) All moneys received by the department pursuant to this section
to process trustline applications for purposes of Chapter 3.35
(commencing with Section 1596.60) of Division 2 of the Health and
Safety Code shall be deposited in a special account in the General
Fund that is hereby established and named the Department of Justice
Child Abuse Fund. Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process trustline automated child
abuse or neglect system checks pursuant to this section.
(C) All moneys, other than that described in subparagraph (B),
received by the department pursuant to this paragraph shall be
deposited in a special account in the General Fund which is hereby
created and named the Department of Justice ***ual Habitual Offender
Fund. The funds shall be available, upon appropriation by the
Legislature, for expenditure by the department to offset the costs
incurred pursuant to Chapter 9.5 (commencing with Section 13885) and
Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and
the DNA and Forensic Identification Data Base and Data Bank Act of
1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1),
and for maintenance and improvements to the statewide ***ual Habitual
Offender Program and the California DNA offender identification file
(CAL-DNA) authorized by Chapter 9.5 (commencing with Section 13885)
of Title 6 of Part 4 and the DNA and Forensic Identification Data
Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section
295) of Title 9 of Part 1).
(c) The Department of Justice shall make available to any agency
responsible for placing children pursuant to Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare
and Institutions Code, upon request, relevant information concerning
child abuse or neglect reports contained in the index, when making a
placement with a responsible relative pursuant to Sections 281.5,
305, and 361.3 of the Welfare and Institutions Code. Upon receipt of
relevant information concerning child abuse or neglect reports
contained in the index from the Department of Justice pursuant to
this subdivision, the agency shall also notify in writing the person
listed in the Child Abuse Central Index that he or she is in the
index. The notification shall include the location of the original
investigative report and the submitting agency. The notification
shall be submitted to the person listed at the same time that all
other parties are notified of the information, and no later than the
actual judicial proceeding that determines placement.
If Child Abuse Central Index information is requested by an agency
for the placement of a child with a responsible relative in an
emergency situation pursuant to Article 7 (commencing with Section
305) of Chapter 2 of Part 1 of Division 2 of the Welfare and
Institutions Code, the department is exempt from the requirements of
Section 1798.18 of the Civil Code if compliance would cause a delay
in providing an expedited response to the child protective agency's
inquiry and if further delay in placement may be detrimental to the
child.
(d) The department shall make available any information maintained
pursuant to subdivision (a) to out-of-state law enforcement agencies
conducting investigations of known or suspected child abuse or
neglect only when an agency makes the request for information in
writing and on official letterhead, or as designated by the
department, identifying the suspected abuser or victim by name and
date of birth or approximate age. The request shall be signed by the
department supervisor of the requesting law enforcement agency. The
written requests shall cite the out-of-state statute or interstate
compact provision that requires that the information contained within
these reports shall be disclosed only to law enforcement,
prosecutorial entities, or multidisciplinary investigative teams, and
shall cite the safeguards in place to prevent unlawful disclosure of
any confidential information provided by the requesting state or the
applicable interstate compact provision.
(e) (1) The department shall make available to an out-of-state
agency, for purposes of approving a prospective foster or adoptive
parent in compliance with the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248), information regarding a known or
suspected child abuser maintained pursuant to subdivision (a)
concerning the prospective foster or adoptive parent, and any other
adult living in the home of the prospective foster or adoptive
parent. The department shall make that information available only
when the out-of-state agency makes the request indicating that
continual compliance will be maintained with the requirement in
paragraph (20) of subdivision (a) of Section 671 of Title 42 of the
United States Code that requires the state to have in place
safeguards to prevent the unauthorized disclosure of information in
any child abuse and neglect registry maintained by the state and
prevent the information from being used for a purpose other than the
conducting of background checks in foster or adoption placement
cases.
(2) With respect to any information provided by the department in
response to the out-of-state agency's request, the out-of-state
agency is responsible for obtaining the original investigative report
from the reporting agency, and for drawing independent conclusions
regarding the quality of the evidence disclosed and its sufficiency
for making decisions regarding the approval of prospective foster or
adoptive parents.
(3) (A) Whenever information contained in the index is furnished
pursuant to this subdivision, the department shall charge the
out-of-state agency making the request a fee. The fee shall not
exceed the reasonable costs to the department of providing the
information. The only increase shall be at a rate not to exceed the
legislatively approved cost-of-living adjustment for the department.
In no case shall the fee exceed fifteen dollars ($15).
(B) All moneys received by the department pursuant to this
subdivision shall be deposited in the Department of Justice Child
Abuse Fund, established under subparagraph (B) of paragraph (10) of
subdivision (b). Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process requests for information
pursuant to this subdivision.
(f) (1) Any person may determine if he or she is listed in the
Child Abuse Central Index by making a request in writing to the
Department of Justice. The request shall be notarized and include the
person's name, address, date of birth, and either a social security
number or a California identification number. Upon receipt of a
notarized request, the Department of Justice shall make available to
the requesting person information identifying the date of the report
and the submitting agency. The requesting person is responsible for
obtaining the investigative report from the submitting agency
pursuant to paragraph (11) of subdivision (b) of Section 11167.5.
(2) No person or agency shall require or request another person to
furnish a copy of a record concerning himself or herself, or
notification that a record concerning himself or herself exists or
does not exist, pursuant to paragraph (1) of this subdivision.
(g) If a person is listed in the Child Abuse Central Index only as
a victim of child abuse or neglect, and that person is 18 years of
age or older, that person may have his or her name removed from the
index by making a written request to the Department of Justice. The
request shall be notarized and include the person's name, address,
social security number, and date of birth.



11170. (a) (1) The Department of Justice shall maintain an index of
all reports of child abuse and severe neglect submitted pursuant to
Section 11169. The index shall be continually updated by the
department and shall not contain any reports that are determined to
be unfounded. The department may adopt rules governing recordkeeping
and reporting pursuant to this article.
(2) The department shall act only as a repository of reports of
suspected child abuse and severe neglect to be maintained in the
Child Abuse Central Index pursuant to paragraph (1). The submitting
agencies are responsible for the accuracy, completeness, and
retention of the reports described in this section. The department
shall be responsible for ensuring that the Child Abuse Central Index
accurately reflects the report it receives from the submitting
agency.
(3) Information from an inconclusive or unsubstantiated report
filed pursuant to subdivision (a) of Section 11169 shall be deleted
from the Child Abuse Central Index after 10 years if no subsequent
report concerning the same suspected child abuser is received within
that time period. If a subsequent report is received within that
10-year period, information from any prior report, as well as any
subsequently filed report, shall be maintained on the Child Abuse
Central Index for a period of 10 years from the time the most recent
report is received by the department.
(b) (1) The Department of Justice shall immediately notify an
agency that submits a report pursuant to Section 11169, or a
prosecutor who requests notification, of any information maintained
pursuant to subdivision (a) that is relevant to the known or
suspected instance of child abuse or severe neglect reported by the
agency. The agency shall make that information available to the
reporting medical practitioner, child custodian, guardian ad litem
appointed under Section 326, or counsel appointed under Section 317
or 318 of the Welfare and Institutions Code, or the appropriate
licensing agency, if he or she is treating or investigating a case of
known or suspected child abuse or severe neglect.
(2) When a report is made pursuant to subdivision (a) of Section
11166, or Section 11166.05, the investigating agency, upon completion
of the investigation or after there has been a final disposition in
the matter, shall inform the person required or authorized to report
of the results of the investigation and of any action the agency is
taking with regard to the child or family.
(3) The Department of Justice shall make available to a law
enforcement agency, county welfare department, or county probation
department that is conducting a child abuse investigation relevant
information contained in the index.
(4) The department shall make available to the State Department of
Social Services, or to any county licensing agency that has
contracted with the state for the performance of licensing duties, or
to a tribal court or tribal child welfare agency of a tribe or
consortium of tribes that has entered into an agreement with the
state pursuant to Section 10553.1 of the Welfare and Institutions
Code, information regarding a known or suspected child abuser
maintained pursuant to this section and subdivision (a) of Section
11169 concerning any person who is an applicant for licensure or any
adult who resides or is employed in the home of an applicant for
licensure or who is an applicant for employment in a position having
supervisorial or disciplinary power over a child or children, or who
will provide 24-hour care for a child or children in a residential
home or facility, pursuant to Section 1522.1 or 1596.877 of the
Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the
Family Code.
(5) The Department of Justice shall make available to a Court
Appointed Special Advocate program that is conducting a background
investigation of an applicant seeking employment with the program or
a volunteer position as a Court Appointed Special Advocate, as
defined in Section 101 of the Welfare and Institutions Code,
information contained in the index regarding known or suspected child
abuse by the applicant.
(6) For purposes of child death review, the Department of Justice
shall make available to the chairperson, or the chairperson's
designee, for each county child death review team, or the State Child
Death Review Council, information maintained in the Child Abuse
Central Index pursuant to subdivision (a) of Section 11170 relating
to the death of one or more children and any prior child abuse or
neglect investigation reports maintained involving the same victims,
siblings, or suspects. Local child death review teams may share any
relevant information regarding case reviews involving child death
with other child death review teams.
(7) The department shall make available to investigative agencies
or probation officers, or court investigators acting pursuant to
Section 1513 of the Probate Code, responsible for placing children or
assessing the possible placement of children pursuant to Article 6
(commencing with Section 300), Article 7 (commencing with Section
305), Article 10 (commencing with Section 360), or Article 14
(commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of
the Welfare and Institutions Code, Article 2 (commencing with
Section 1510) or Article 3 (commencing with Section 1540) of Chapter
1 of Part 2 of Division 4 of the Probate Code, information regarding
a known or suspected child abuser contained in the index concerning
any adult residing in the home where the child may be placed, when
this information is requested for purposes of ensuring that the
placement is in the best interest of the child. Upon receipt of
relevant information concerning child abuse or neglect investigation
reports contained in the index from the Department of Justice
pursuant to this subdivision, the agency or court investigator shall
notify, in writing, the person listed in the Child Abuse Central
Index that he or she is in the index. The notification shall include
the name of the reporting agency and the date of the report.
(8) The Department of Justice shall make available to a government
agency conducting a background investigation pursuant to Section
1031 of the Government Code of an applicant seeking employment as a
peace officer, as defined in Section 830, information regarding a
known or suspected child abuser maintained pursuant to this section
concerning the applicant.
(9) The Department of Justice shall make available to a county
child welfare agency or delegated county adoption agency, as defined
in Section 8515 of the Family Code, conducting a background
investigation, or a government agency conducting a background
investigation on behalf of one of those agencies, information
regarding a known or suspected child abuser maintained pursuant to
this section and subdivision (a) of Section 11169 concerning any
applicant seeking employment or volunteer status with the agency who,
in the course of his or her employment or volunteer work, will have
direct contact with children who are alleged to have been, are at
risk of, or have suffered, abuse or neglect.
(10) (A) Persons or agencies, as specified in subdivision (b), if
investigating a case of known or suspected child abuse or neglect, or
the State Department of Social Services or any county licensing
agency pursuant to paragraph (4), or a Court Appointed Special
Advocate program conducting a background investigation for employment
or volunteer candidates pursuant to paragraph (5), or an
investigative agency, probation officer, or court investigator
responsible for placing children or assessing the possible placement
of children pursuant to paragraph (7), or a government agency
conducting a background investigation of an applicant seeking
employment as a peace officer pursuant to paragraph (8), or a county
child welfare agency or delegated county adoption agency conducting a
background investigation of an applicant seeking employment or
volunteer status who, in the course of his or her employment or
volunteer work, will have direct contact which children who are
alleged to have been, are at risk of, or have suffered, abuse or
neglect, pursuant to paragraph (9), to whom disclosure of any
information maintained pursuant to subdivision (a) is authorized, are
responsible for obtaining the original investigative report from the
reporting agency, and for drawing independent conclusions regarding
the quality of the evidence disclosed, and its sufficiency for making
decisions regarding investigation, prosecution, licensing, placement
of a child, employment or volunteer positions with a CASA program,
or employment as a peace officer.
(B) If Child Abuse Central Index information is requested by an
agency for the temporary placement of a child in an emergency
situation pursuant to Article 7 (commencing with Section 305) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, the department is exempt from the requirements of Section
1798.18 of the Civil Code if compliance would cause a delay in
providing an expedited response to the agency's inquiry and if
further delay in placement may be detrimental to the child.
(11) (A) Whenever information contained in the Department of
Justice files is furnished as the result of an application for
employment or licensing or volunteer status pursuant to paragraph
(4), (5), (8), or (9), the Department of Justice may charge the
person or entity making the request a fee. The fee shall not exceed
the reasonable costs to the department of providing the information.
The only increase shall be at a rate not to exceed the legislatively
approved cost-of-living adjustment for the department. In no case
shall the fee exceed fifteen dollars ($15).
(B) All moneys received by the department pursuant to this section
to process trustline applications for purposes of Chapter 3.35
(commencing with Section 1596.60) of Division 2 of the Health and
Safety Code shall be deposited in a special account in the General
Fund that is hereby established and named the Department of Justice
Child Abuse Fund. Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process trustline automated child
abuse or neglect system checks pursuant to this section.
(C) All moneys, other than that described in subparagraph (B),
received by the department pursuant to this paragraph shall be
deposited in a special account in the General Fund which is hereby
created and named the Department of Justice ***ual Habitual Offender
Fund. The funds shall be available, upon appropriation by the
Legislature, for expenditure by the department to offset the costs
incurred pursuant to Chapter 9.5 (commencing with Section 13885) and
Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and
the DNA and Forensic Identification Data Base and Data Bank Act of
1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1),
and for maintenance and improvements to the statewide ***ual Habitual
Offender Program and the California DNA offender identification file
(CAL-DNA) authorized by Chapter 9.5 (commencing with Section 13885)
of Title 6 of Part 4 and the DNA and Forensic Identification Data
Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section
295) of Title 9 of Part 1).
(c) The Department of Justice shall make available to any agency
responsible for placing children pursuant to Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare
and Institutions Code, upon request, relevant information concerning
child abuse or neglect reports contained in the index, when making a
placement with a responsible relative pursuant to Sections 281.5,
305, and 361.3 of the Welfare and Institutions Code. Upon receipt of
relevant information concerning child abuse or neglect reports
contained in the index from the Department of Justice pursuant to
this subdivision, the agency shall also notify in writing the person
listed in the Child Abuse Central Index that he or she is in the
index. The notification shall include the location of the original
investigative report and the submitting agency. The notification
shall be submitted to the person listed at the same time that all
other parties are notified of the information, and no later than the
actual judicial proceeding that determines placement.
If Child Abuse Central Index information is requested by an agency
for the placement of a child with a responsible relative in an
emergency situation pursuant to Article 7 (commencing with Section
305) of Chapter 2 of Part 1 of Division 2 of the Welfare and
Institutions Code, the department is exempt from the requirements of
Section 1798.18 of the Civil Code if compliance would cause a delay
in providing an expedited response to the child protective agency's
inquiry and if further delay in placement may be detrimental to the
child.
(d) The department shall make available any information maintained
pursuant to subdivision (a) to out-of-state law enforcement agencies
conducting investigations of known or suspected child abuse or
neglect only when an agency makes the request for information in
writing and on official letterhead, or as designated by the
department, identifying the suspected abuser or victim by name and
date of birth or approximate age. The request shall be signed by the
department supervisor of the requesting law enforcement agency. The
written requests shall cite the out-of-state statute or interstate
compact provision that requires that the information contained within
these reports shall be disclosed only to law enforcement,
prosecutorial entities, or multidisciplinary investigative teams, and
shall cite the safeguards in place to prevent unlawful disclosure of
any confidential information provided by the requesting state or the
applicable interstate compact provision.
(e) (1) The department shall make available to an out-of-state
agency, for purposes of approving a prospective foster or adoptive
parent in compliance with the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248), information regarding a known or
suspected child abuser maintained pursuant to subdivision (a)
concerning the prospective foster or adoptive parent, and any other
adult living in the home of the prospective foster or adoptive
parent. The department shall make that information available only
when the out-of-state agency makes the request indicating that
continual compliance will be maintained with the requirement in
paragraph (20) of subdivision (a) of Section 671 of Title 42 of the
United States Code that requires the state to have in place
safeguards to prevent the unauthorized disclosure of information in
any child abuse and neglect registry maintained by the state and
prevent the information from being used for a purpose other than the
conducting of background checks in foster or adoption placement
cases.
(2) With respect to any information provided by the department in
response to the out-of-state agency's request, the out-of-state
agency is responsible for obtaining the original investigative report
from the reporting agency, and for drawing independent conclusions
regarding the quality of the evidence disclosed and its sufficiency
for making decisions regarding the approval of prospective foster or
adoptive parents.
(3) (A) Whenever information contained in the index is furnished
pursuant to this subdivision, the department shall charge the
out-of-state agency making the request a fee. The fee shall not
exceed the reasonable costs to the department of providing the
information. The only increase shall be at a rate not to exceed the
legislatively approved cost-of-living adjustment for the department.
In no case shall the fee exceed fifteen dollars ($15).
(B) All moneys received by the department pursuant to this
subdivision shall be deposited in the Department of Justice Child
Abuse Fund, established under subparagraph (B) of paragraph (11) of
subdivision (b). Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process requests for information
pursuant to this subdivision.
(f) (1) Any person may determine if he or she is listed in the
Child Abuse Central Index by making a request in writing to the
Department of Justice. The request shall be notarized and include the
person's name, address, date of birth, and either a social security
number or a California identification number. Upon receipt of a
notarized request, the Department of Justice shall make available to
the requesting person information identifying the date of the report
and the submitting agency. The requesting person is responsible for
obtaining the investigative report from the submitting agency
pursuant to paragraph (11) of subdivision (b) of Section 11167.5.
(2) No person or agency shall require or request another person to
furnish a copy of a record concerning himself or herself, or
notification that a record concerning himself or herself exists or
does not exist, pursuant to paragraph (1) of this subdivision.
(g) If a person is listed in the Child Abuse Central Index only as
a victim of child abuse or neglect, and that person is 18 years of
age or older, that person may have his or her name removed from the
index by making a written request to the Department of Justice. The
request shall be notarized and include the person's name, address,
social security number, and date of birth.



11170.5. (a) Notwithstanding paragraph (4) of subdivision (b) of
Section 11170, the Department of Justice shall make available to a
licensed adoption agency, as defined in Section 8530 of the Family
Code, information regarding a known or suspected child abuser
maintained in the Child Abuse Central Index, pursuant to subdivision
(a) of Section 11170, concerning any person who has submitted to the
agency an application for adoption.
(b) A licensed adoption agency, to which disclosure of any
information pursuant to subdivision (a) is authorized, is responsible
for obtaining the original investigative report from the reporting
agency, and for drawing independent conclusions regarding the quality
of the evidence disclosed and the sufficiency of the evidence for
making decisions when evaluating an application for adoption.
(c) Whenever information contained in the Department of Justice
files is furnished as the result of an application for adoption
pursuant to subdivision (a), the Department of Justice may charge the
agency making the request a fee. The fee shall not exceed the
reasonable costs to the department of providing the information. The
only increase shall be at a rate not to exceed the legislatively
approved cost-of-living adjustment for the department. In no case
shall the fee exceed fifteen dollars ($15).
All moneys received by the department pursuant to this subdivision
shall be deposited in the Department of Justice ***ual Habitual
Offender Fund pursuant to subparagraph (C) of paragraph (9) of
subdivision (b) of Section 11170.



11171. (a) (1) The Legislature hereby finds and declares that
adequate protection of victims of child physical abuse or neglect has
been hampered by the lack of consistent and comprehensive medical
examinations.
(2) Enhancing examination procedures, documentation, and evidence
collection relating to child abuse or neglect will improve the
investigation and prosecution of child abuse or neglect as well as
other child protection efforts.
(b) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall, in cooperation with the State
Department of Social Services, the Department of Justice, the
California Association of Crime Lab Directors, the California
District Attorneys Association, the California State Sheriffs
Association, the California Peace Officers Association, the
California Medical Association, the California Police Chiefs'
Association, child advocates, the California Medical Training Center,
child protective services, and other appropriate experts, establish
medical forensic forms, instructions, and examination protocols for
victims of child physical abuse or neglect using as a model the form
and guidelines developed pursuant to Section 13823.5.
(c) The forms shall include, but not be limited to, a place for
notation concerning each of the following:
(1) Any notification of injuries or any report of suspected child
physical abuse or neglect to law enforcement authorities or children'
s protective services, in accordance with existing reporting
procedures.
(2) Addressing relevant consent issues, if indicated.
(3) The taking of a patient history of child physical abuse or
neglect that includes other relevant medical history.
(4) The performance of a physical examination for evidence of
child physical abuse or neglect.
(5) The collection or documentation of any physical evidence of
child physical abuse or neglect, including any recommended
photographic procedures.
(6) The collection of other medical or forensic specimens,
including drug ingestion or toxication, as indicated.
(7) Procedures for the preservation and disposition of evidence.
(8) Complete documentation of medical forensic exam findings with
recommendations for diagnostic studies, including blood tests and
X-rays.
(9) An assessment as to whether there are findings that indicate
physical abuse or neglect.
(d) The forms shall become part of the patient's medical record
pursuant to guidelines established by the advisory committee of the
agency or agencies designated by the Director of Finance pursuant to
Section 13820 and subject to the confidentiality laws pertaining to
the release of a medical forensic examination records.
(e) The forms shall be made accessible for use on the Internet.




11171.2. (a) A physician and surgeon or dentist or their agents
and by their direction may take skeletal X-rays of the child without
the consent of the child's parent or guardian, but only for purposes
of diagnosing the case as one of possible child abuse or neglect and
determining the extent of the child abuse or neglect.
(b) Neither the physician-patient privilege nor the
psychotherapist-patient privilege applies to information reported
pursuant to this article in any court proceeding or administrative
hearing.


11171.5. (a) If a peace officer, in the course of an investigation
of child abuse or neglect, has reasonable cause to believe that the
child has been the victim of physical abuse, the officer may apply to
a magistrate for an order directing that the victim be X-rayed
without parental consent.
Any X-ray taken pursuant to this subdivision shall be administered
by a physician and surgeon or dentist or their agents.
(b) With respect to the cost of an X-ray taken by the county
coroner or at the request of the county coroner in suspected child
abuse or neglect cases, the county may charge the parent or legal
guardian of the child-victim the costs incurred by the county for the
X-ray.
(c) No person who administers an X-ray pursuant to this section
shall be entitled to reimbursement from the county for any
administrative cost that exceeds 5 percent of the cost of the X-ray.




11172. (a) No mandated reporter shall be civilly or criminally
liable for any report required or authorized by this article, and
this immunity shall apply even if the mandated reporter acquired the
knowledge or reasonable suspicion of child abuse or neglect outside
of his or her professional capacity or outside the scope of his or
her employment. Any other person reporting a known or suspected
instance of child abuse or neglect shall not incur civil or criminal
liability as a result of any report authorized by this article unless
it can be proven that a false report was made and the person knew
that the report was false or was made with reckless disregard of the
truth or falsity of the report, and any person who makes a report of
child abuse or neglect known to be false or with reckless disregard
of the truth or falsity of the report is liable for any damages
caused. No person required to make a report pursuant to this article,
nor any person taking photographs at his or her direction, shall
incur any civil or criminal liability for taking photographs of a
suspected victim of child abuse or neglect, or causing photographs to
be taken of a suspected victim of child abuse or neglect, without
parental consent, or for disseminating the photographs with the
reports required by this article. However, this section shall not be
construed to grant immunity from this liability with respect to any
other use of the photographs.
(b) Any person, who, pursuant to a request from a government
agency investigating a report of suspected child abuse or neglect,
provides the requesting agency with access to the victim of a known
or suspected instance of child abuse or neglect shall not incur civil
or criminal liability as a result of providing that access.
(c) (1) The Legislature finds that even though it has provided
immunity from liability to persons required or authorized to make
reports pursuant to this article, that immunity does not eliminate
the possibility that actions may be brought against those persons
based upon required or authorized reports. In order to further limit
the financial hardship that those persons may incur as a result of
fulfilling their legal responsibilities, it is necessary that they
not be unfairly burdened by legal fees incurred in defending those
actions. Therefore, a mandated reporter may present a claim to the
California Victim

[هيثم الفقى]

Child Death Review Teams


11174.32. (a) Each county may establish an interagency child death
review team to assist local agencies in identifying and reviewing
suspicious child deaths and facilitating communication among persons
who perform autopsies and the various persons and agencies involved
in child abuse or neglect cases. Interagency child death review teams
have been used successfully to ensure that incidents of child abuse
or neglect are recognized and other siblings and nonoffending family
members receive the appropriate services in cases where a child has
expired.
(b) Each county may develop a protocol that may be used as a
guideline by persons performing autopsies on children to assist
coroners and other persons who perform autopsies in the
identification of child abuse or neglect, in the determination of
whether child abuse or neglect contributed to death or whether child
abuse or neglect had occurred prior to but was not the actual cause
of death, and in the proper written reporting procedures for child
abuse or neglect, including the designation of the cause and mode of
death.
(c) In developing an interagency child death review team and an
autopsy protocol, each county, working in consultation with local
members of the California State Coroner's Association and county
child abuse prevention coordinating councils, may solicit suggestions
and final comments from persons, including, but not limited to, the
following:
(1) Experts in the field of forensic pathology.
(2) Pediatricians with expertise in child abuse.
(3) Coroners and medical examiners.
(4) Criminologists.
(5) District attorneys.
(6) Child protective services staff.
(7) Law enforcement personnel.
(8) Representatives of local agencies which are involved with
child abuse or neglect reporting.
(9) County health department staff who deals with children's
health issues.
(10) Local professional associations of persons described in
paragraphs (1) to (9), inclusive.
(d) Records exempt from disclosure to third parties pursuant to
state or federal law shall remain exempt from disclosure when they
are in the possession of a child death review team.
(e) (1) No less than once each year, each child death review team
shall make available to the public findings, conclusions and
recommendations of the team, including aggregate statistical data on
the incidences and causes of child deaths.
(2) In its report, the child death review team shall withhold the
last name of the child that is subject to a review or the name of the
deceased child's siblings unless the name has been publicly
disclosed or is required to be disclosed by state law, federal law,
or court order.


11174.33. Subject to available funding, the Attorney General,
working with the California Consortium of Child Abuse Councils, shall
develop a protocol for the development and implementation of
interagency child death teams for use by counties, which shall
include relevant procedures for both urban and rural counties. The
protocol shall be designed to facilitate communication among persons
who perform autopsies and the various persons and agencies involved
in child abuse or neglect cases so that incidents of child abuse or
neglect are recognized and other siblings and nonoffending family
members receive the appropriate services in cases where a child has
expired. The protocol shall be completed on or before January 1,
1991.



11174.34. (a) (1) The purpose of this section shall be to
coordinate and integrate state and local efforts to address fatal
child abuse or neglect, and to create a body of information to
prevent child deaths.
(2) It is the intent of the Legislature that the California State
Child Death Review Council, the Department of Justice, the State
Department of Social Services, the State Department of Health
Services, and state and local child death review teams shall share
data and other information necessary from the Department of Justice
Child Abuse Central Index and Supplemental Homicide File, the State
Department of Health Services Vital Statistics and the Department of
Social Services Child Welfare Services/Case Management System files
to establish accurate information on the nature and extent of child
abuse or neglect related fatalities in California as those documents
relate to child fatality cases. Further, it is the intent of the
Legislature to ensure that records of child abuse or neglect related
fatalities are entered into the State Department of Social Services,
Child Welfare Services/Case Management System. It is also the intent
that training and technical assistance be provided to child death
review teams and professionals in the child protection system
regarding multiagency case review.
(b) (1) It shall be the duty of the California State Child Death
Review Council to oversee the statewide coordination and integration
of state and local efforts to address fatal child abuse or neglect
and to create a body of information to prevent child deaths. The
Department of Justice, the State Department of Social Services, the
State Department of Health Services, the California Coroner's
Association, the County Welfare Directors Association, Prevent Child
Abuse California, the California Homicide Investigators Association,
the agency or agencies designated by the Director of Finance pursuant
to Section 13820, the Inter-Agency Council on Child Abuse and
Neglect/National Center on Child Fatality Review, the California
Conference of Local Health Officers, the California Conference of
Local Directors of Maternal, Child, and Adolescent Health, the
California Conference of Local Health Department Nursing Directors,
the California District Attorneys Association, and at least three
regional representatives, chosen by the other members of the council,
working collaboratively for the purposes of this section, shall be
known as the California State Child Death Review Council. The
council shall select a chairperson or cochairpersons from the
members.
(2) The Department of Justice is hereby authorized to carry out
the purposes of this section by coordinating council activities and
working collaboratively with the agencies and organizations in
paragraph (1), and may consult with other representatives of other
agencies and private organizations, to help accomplish the purpose of
this section.
(c) Meetings of the agencies and organizations involved shall be
convened by a representative of the Department of Justice. All
meetings convened between the Department of Justice and any
organizations required to carry out the purpose of this section shall
take place in this state. There shall be a minimum of four meetings
per calendar year.
(d) To accomplish the purpose of this section, the Department of
Justice and agencies and organizations involved shall engage in the
following activities:
(1) Analyze and interpret state and local data on child death in
an annual report to be submitted to local child death review teams
with copies to the Governor and the Legislature, no later than July 1
each year. Copies of the report shall also be distributed to public
officials in the state who deal with child abuse issues and to those
agencies responsible for child death investigation in each county.
The report shall contain, but not be limited to, information provided
by state agencies and the county child death review teams for the
preceding year.
The state data shall include the Department of Justice Child Abuse
Central Index and Supplemental Homicide File, the State Department
of Health Services Vital Statistics, and the State Department of
Social Services Child Welfare Services/Case Management System.
(2) In conjunction with the agency or agencies designated by the
Director of Finance pursuant to Section 13820, coordinate statewide
and local training for county death review teams and the members of
the teams, including, but not limited to, training in the application
of the interagency child death investigation protocols and
procedures established under Sections 11166.7 and 11166.8 to identify
child deaths associated with abuse or neglect.
(e) The State Department of Health Services, in collaboration with
the California State Child Death Review Council, shall design, test
and implement a statewide child abuse or neglect fatality tracking
system incorporating information collected by local child death
review teams. The department shall:
(1) Establish a minimum case selection criteria and review
protocols of local child death review teams.
(2) Develop a standard child death review form with a minimum core
set of data elements to be used by local child death review teams,
and collect and analyze that data.
(3) Establish procedural safeguards in order to maintain
appropriate confidentiality and integrity of the data.
(4) Conduct annual reviews to reconcile data reported to the State
Department of Health Services Vital Statistics, Department of
Justice Homicide Files and Child Abuse Central Index, and the State
Department of Social Services Child Welfare Services/Case Management
System data systems, with data provided from local child death review
teams.
(5) Provide technical assistance to local child death review teams
in implementing and maintaining the tracking system.
(6) This subdivision shall become operative on July 1, 2000, and
shall be implemented only to the extent that funds are appropriated
for its purposes in the Budget Act.
(f) Local child death review teams shall participate in a
statewide child abuse or neglect fatalities monitoring system by:
(1) Meeting the minimum standard protocols set forth by the State
Department of Health Services in collaboration with the California
State Child Death Review Council.
(2) Using the standard data form to submit information on child
abuse or neglect fatalities in a timely manner established by the
State Department of Health Services.
(g) The California State Child Death Review Council shall monitor
the implementation of the monitoring system and incorporate the
results and findings of the system and review into an annual report.

(h) The Department of Justice shall direct the creation,
maintenance, updating, and distribution electronically and by paper,
of a statewide child death review team directory, which shall contain
the names of the members of the agencies and private organizations
participating under this section, and the members of local child
death review teams and local liaisons to those teams. The department
shall work in collaboration with members of the California State
Child Death Review Council to develop a directory of professional
experts, resources, and information from relevant agencies and
organizations and local child death review teams, and to facilitate
regional working relationships among teams. The Department of
Justice shall maintain and update these directories annually.
(i) The agencies or private organizations participating under this
section shall participate without reimbursement from the state.
Costs incurred by participants for travel or per diem shall be borne
by the participant agency or organization. The participants shall be
responsible for collecting and compiling information to be included
in the annual report. The Department of Justice shall be responsible
for printing and distributing the annual report using available
funds and existing resources.
(j) The agency or agencies designated by the Director of Finance
pursuant to Section 13820, in coordination with the State Department
of Social Services, the Department of Justice, and the California
State Child Death Review Council shall contract with state or
nationally recognized organizations in the area of child death review
to conduct statewide training and technical assistance for local
child death review teams and relevant organizations, develop
standardized definitions for fatal child abuse or neglect, develop
protocols for the investigation of fatal child abuse or neglect, and
address relevant issues such as grief and mourning, data collection,
training for medical personnel in the identification of child abuse
or neglect fatalities, domestic violence fatality review, and other
related topics and programs. The provisions of this subdivision
shall only be implemented to the extent that the agency or agencies
designated by the Director of Finance pursuant to Section 13820 can
absorb the costs of implementation within its current funding, or to
the extent that funds are appropriated for its purposes in the Budget
Act.
(k) Law enforcement and child welfare agencies shall cross-report
all cases of child death suspected to be related to child abuse or
neglect whether or not the deceased child has any known surviving
siblings.
(l) County child welfare agencies shall create a record in the
Child Welfare Services/Case Management System (CWS/CMS) on all cases
of child death suspected to be related to child abuse or neglect,
whether or not the deceased child has any known surviving siblings.
Upon notification that the death was determined not to be related to
child abuse or neglect, the child welfare agency shall enter that
information into the Child Welfare Services/Case Management System.



11174.35. The State Department of Social Services shall work with
state and local child death review teams and child protective
services agencies in order to identify child death cases that were,
or should have been, reported to or by county child protective
services agencies. Findings made pursuant to this section shall be
used to determine the extent of child abuse or neglect fatalities
occurring in families known to child protective services agencies and
to define child welfare training needs for reporting,
cross-reporting, data integration, and involvement by child
protective services agencies in multiagency review in child deaths.
The State Department of Social Services, the State Department of
Health Services, and the Department of Justice shall develop a plan
to track and maintain data on child deaths from abuse or neglect, and
submit this plan, not later than December 1, 1997, to the Senate
Committee on Health and Human Services, the Assembly Committee on
Human Services, and the chairs of the fiscal committees of the
Legislature.

[هيثم الفقى]

Elder Death Review Teams

11174.4. The following definitions shall govern the construction of
this article, unless the context requires otherwise:
(a) "Elder" means any person who is 65 years of age or older.
(b) (1) "Abuse" means any of the conduct described in Article 2
(commencing with Section 15610) of Chapter 11 of Part 3 of Division 9
of the Welfare and Institutions Code.
(2) Abuse does not include the use of any reasonable and necessary
force that may result in an injury used by a peace officer acting
within the course of his or her employment as a peace officer.




11174.5. (a) Each county may establish an interagency elder death
team to assist local agencies in identifying and reviewing suspicious
elder deaths and facilitating communication among persons who
perform autopsies and the various persons and agencies involved in
elder abuse or neglect cases.
(b) Each county may develop a protocol that may be used as a
guideline by persons performing autopsies on elder adults to assist
coroners and other persons who perform autopsies in the
identification of elder abuse, in the determination of whether elder
abuse or neglect contributed to death or whether elder abuse or
neglect had occurred prior to but was not the actual cause of death,
and in the proper written reporting procedures for elder abuse or
neglect, including the designation of the cause and mode of death.




11174.6. County elder death review teams may be comprised of, but
not limited to, the following:
(a) Experts in the field of forensic pathology.
(b) Medical personnel with expertise in elder abuse and neglect.
(c) Coroners and medical examiners.
(d) District attorneys and city attorneys.
(e) County or local staff including, but not limited to:
(1) Adult protective services staff.
(2) Public administrator, guardian, and conservator staff.
(3) County health department staff who deal with elder health
issues.
(4) County counsel.
(f) County and state law enforcement personnel.
(g) Local long-term care ombudsman.
(h) Community care licensing staff and investigators.
(i) Geriatric mental health experts.
(j) Criminologists.
(k) Representatives of local agencies that are involved with
oversight of adult protective services and reporting elder abuse or
neglect.
(l) Local professional associations of persons described in
subdivisions (a) to (k), inclusive.



11174.7. (a) An oral or written communication or a document shared
within or produced by an elder death review team related to an elder
death review is confidential and not subject to disclosure or
discoverable by another third party.
(b) An oral or written communication or a document provided by a
third party to an elder death review team, or between a third party
and an elder death review team, is confidential and not subject to
disclosure or discoverable by a third party.
(c) Notwithstanding subdivisions (a) and (b), recommendations of
an elder death review team upon the completion of a review may be
disclosed at the discretion of a majority of the members of the elder
death review team.


11174.8. (a) Each organization represented on an elder death review
team may share with other members of the team information in its
possession concerning the decedent who is the subject of the review
or any person who was in contact with the decedent and any other
information deemed by the organization to be pertinent to the review.
Any information shared by an organization with other members of a
team is confidential. The intent of this subdivision is to permit
the disclosure to members of the team of any information deemed
confidential, privileged, or prohibited from disclosure by any other
provision of law.
(b) (1) Written and oral information may be disclosed to an elder
death review team established pursuant to this section. The team may
make a request in writing for the information sought and any person
with information of the kind described in paragraph (3) may rely on
the request in determining whether information may be disclosed to
the team.
(2) No individual or agency that has information governed by this
subdivision shall be required to disclose information. The intent of
this subdivision is to allow the voluntary disclosure of information
by the individual or agency that has the information.
(3) The following information may be disclosed pursuant to this
subdivision:
(A) Notwithstanding Section 56.10 of the Civil Code, medical
information.
(B) Notwithstanding Section 5328 of the Welfare and Institutions
Code, mental health information.
(C) Notwithstanding Section 15633.5 of the Welfare and
Institutions Code, information from elder abuse reports and
investigations, except the identity of persons who have made reports,
which shall not be disclosed.
(D) State summary criminal history information, criminal offender
record information, and local summary criminal history information,
as defined in Sections 11075, 11105, and 13300.
(E) Notwithstanding Section 11163.2, information pertaining to
reports by health practitioners of persons suffering from physical
injuries inflicted by means of a firearm or of persons suffering
physical injury where the injury is a result of assaultive or abusive
conduct.
(F) Information provided to probation officers in the course of
the performance of their duties, including, but not limited to, the
duty to prepare reports pursuant to Section 1203.10, as well as the
information on which these reports are based.
(G) Notwithstanding Section 10825 of the Welfare and Institutions
Code, records relating to in-home supportive services, unless
disclosure is prohibited by federal law.
(c) Written and oral information may be disclosed under this
section notwithstanding Sections 2263, 2918, 4982, and 6068 of the
Business and Professions Code, the lawyer-client privilege protected
by Article 3 (commencing with Section 950) of Chapter 4 of Division 8
of the Evidence Code, the physician-patient privilege protected by
Article 6 (commencing with Section 990) of Chapter 4 of Division 8 of
the Evidence Code, and the psychotherapist-patient privilege
protected by Article 7 (commencing with Section 1010) of Chapter 4 of
Division 8 of the Evidence Code.


11174.9. Information gathered by the elder death review team and
any recommendations made by the team shall be used by the county to
develop education, prevention, and if necessary, prosecution
strategies that will lead to improved coordination of services for
families and the elder population.

[هيثم الفقى]

Uniform Act for Out-of-State Parolee Supervision

11175. This article may be cited as the Uniform Act for
Out-of-State Probationer or Parolee Supervision.



11176. Pursuant to the authority vested in this State by that
certain act of Congress, approved June 6, 1934, and entitled "An act
granting the consent of Congress to any two or more states to enter
into agreements or compacts for cooperative effort and mutual
assistance in the prevention of crime, and for other purposes," the
Governor is hereby authorized and directed to enter into a compact or
compacts on behalf of this State with any of the United States
legally joining therein.



11177. The compact or compacts authorized by Section 11176 shall be
in substantially the following form:
A compact entered into by and among the contracting states,
signatories hereto, with the consent of the Congress of the United
States of America, granted by an act entitled "An act granting the
consent of Congress to any two or more states to enter into
agreements or compacts for cooperative effort and mutual assistance
in the prevention of crime and for other purposes."
The contracting states solemnly agree:
(1) That it shall be competent for the duly constituted judicial
and administrative authorities of a state party to this compact
(herein called "sending state"), to permit any person convicted of an
offense within such state and placed on probation or released on
parole to reside in any other state party to this compact (herein
called "receiving state") while on probation or parole, if
(a) Such person is in fact a resident of or has his family
residing within the receiving state and can obtain employment there;
(b) Though not a resident of the receiving state and not having
his family residing there, the receiving state consents to such
person being sent there.
Before granting such permission, opportunity shall be granted to
the receiving state to investigate the home and prospective
employment of such person.
A resident of the receiving state, within the meaning of this
section, is one who has been an actual inhabitant of such state
continuously for more than one year prior to his coming to the
sending state and has not resided within the sending state more than
six continuous months immediately preceding the commission of the
offense for which he has been convicted.
(2) That each receiving state will assume the duties of visitation
of and supervision over probationers or parolees of any sending
state and in the exercise of those duties will be governed by the
same standards that prevail for its own probationers and parolees.
(3) That duly accredited officers of a sending state may at all
times enter a receiving state and there apprehend and retake any
person on probation or parole. For that purpose no formalities will
be required other than establishing the authority of the officer and
the identity of the person to be retaken. All legal requirements to
obtain extradition of fugitives from justice are hereby expressly
waived on the part of states party hereto, as to such persons. The
decision of the sending state to retake a person on probation or
parole shall be conclusive upon and not reviewable within the
receiving state. If at the time when a state seeks to retake a
probationer or parolee there should be pending against him within the
receiving state any criminal charge, or he should be suspected of
having committed within such state a criminal offense, he shall not
be retaken without the consent of the receiving state until
discharged from prosecution or from imprisonment for such offense.
(4) That the duly accredited officers of the sending state will be
permitted to transport prisoners being retaken through any and all
states parties to this compact, without interference.
(5) That the governor of each state may designate an officer who,
acting jointly with like officers of other contracting states, if and
when appointed, shall promulgate such rules and regulations as may
be deemed necessary to more effectively carry out the terms of this
compact.
(6) That this compact shall become operative immediately upon its
ratification by any state as between it and any other state or states
so ratifying. When ratified it shall have the full force and effect
of law within such state, the form of ratification to be in
accordance with the laws of the ratifying state.
(7) That this compact shall continue in force and remain binding
upon each ratifying state until renounced by it. The duties and
obligations hereunder of a renouncing state shall continue as to
parolees or probationers residing therein at the time of withdrawal
until retaken or finally discharged by the sending state.
Renunciation of this compact shall be by the same authority which
ratified it, by sending six months' notice in writing of its
intention to withdraw from the compact to the other states party
hereto.



11177.1. (a) Before a probationer or parolee may be returned to the
sending state under this compact, he shall have a right to counsel
and to a hearing before a magistrate to determine whether he is in
fact a probationer or parolee who was allowed to reside in this or
any other state pursuant to this compact, whether his return to the
sending state has been ordered, and whether there is probable cause
to believe he is the same person whose return is sought. At the
hearing, the magistrate shall accept certified copies of probation or
parole documents showing that this compact has been invoked and that
the probationer or parolee has been ordered returned to the sending
state, and these documents shall constitute conclusive proof of their
contents. If the magistrate concludes that the probationer or
parolee is subject to the terms of this compact, an order shall be
issued forthwith directing the delivery to the sending state of the
probationer or parolee.
(b) If the probationer or parolee or his counsel desires to test
the legality of the order issued under subdivision (a), the
magistrate shall fix a reasonable time to be allowed him within which
to apply for a writ of habeas corpus. If the writ is denied and
probable cause appears for an application for a writ of habeas corpus
to another court, or justice or judge thereof, the order denying the
writ shall fix a reasonable time within which the accused may again
apply for a writ of habeas corpus.



11177.2. (a) No parolee or inmate may be released on parole to
reside in any other receiving state if the parolee or inmate is
subject to an unsatisfied order of restitution to a victim or a
restitution fine within the sending state.
(b) A parolee or inmate may be granted an exception to the
prohibition in subdivision (a) if the parolee or inmate posts a bond
for the amount of the restitution order.
(c) A parolee or inmate may petition the court for a hearing to
determine whether, in the interests of justice, the prohibition
against leaving the state should be waived. This section shall not
be construed to allow the reduction or waiver of a restitution order
or fine.


11177.5. The officer designated by the Governor pursuant to
subdivision 5 of Section 11177 of this code may deputize any person
regularly employed by another state to act as an officer and agent of
this State in effecting the return of any person who has violated
the terms and conditions of parole or probation as granted by this
State. In any matter relating to the return of such a person, any
agent so deputized shall have all the powers of a police officer of
this State.
Any deputization pursuant to this section shall be in writing and
any person authorized to act as an agent of this State pursuant
hereto shall carry formal evidence of his deputization and shall
produce the same upon demand.


11177.6. The officer designated by the Governor pursuant to
subdivision 5 of Section 11177 of this code may, subject to the
approval of the Department of General Services, enter into contracts
with similar officials of any other state or states for the purpose
of sharing an equitable portion of the cost of effecting the return
of any person who has violated the terms and conditions of parole or
probation as granted by this state.



11178. If any portion of this article is held unconstitutional,
such decision shall not affect the validity of any other portions of
this act.


11179. This article and compacts made pursuant thereto shall be
construed as separate and distinct from any act or acts of this State
relating to the extradition of fugitives from justice.

[هيثم الفقى]

Interstate Compact for Adult Offender
Supervision



11180. The Interstate Compact for Adult Offender Supervision as
contained herein is hereby enacted into law and entered into on
behalf of the state with any and all other states legally joining
therein in a form substantially as follows:

Preamble

Whereas: The interstate compact for the supervision of Parolees
and Probationers was established in 1937. It is the earliest
corrections "compact" established among the states and has not been
amended since its adoption over 62 years ago.
Whereas: This compact is the only vehicle for the controlled
movement of adult parolees and probationers across state lines and it
currently has jurisdiction over more than a quarter of a million
offenders.
Whereas: The complexities of the compact have become more
difficult to administer, and many jurisdictions have expanded
supervision expectations to include currently unregulated practices
such as victim input, victim notification requirements, and ***
offender registration.
Whereas: After hearings, national surveys, and a detailed study
by a task force appointed by the National Institute of Corrections,
the overwhelming recommendation has been to amend the document to
bring about an effective management capacity that addresses public
safety concerns and offender accountability.
Whereas: Upon the adoption of this Interstate Compact for Adult
Offender Supervision, it is the intention of the Legislature to
repeal the previous Interstate Compact for the Supervision of
Parolees and Probationers as to those states that have ratified this
compact.

Be it enacted by the General Assembly (Legislature) of the state
of California.

Short title: This Act may be cited as The Interstate Compact for
Adult Offender Supervision.

Article I. Purpose

The compacting states to this Interstate Compact recognize that
each state is responsible for the supervision of adult offenders in
the community who are authorized pursuant to the Bylaws and Rules of
this compact to travel across state lines both to and from each
compacting state in a manner so as to track the location of
offenders, transfer supervision authority in an orderly and efficient
manner, and when necessary return offenders to the originating
jurisdictions. The compacting states also recognize that Congress,
by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has
authorized and encouraged compacts for cooperative efforts and mutual
assistance in the prevention of crime. It is the purpose of this
compact and the Interstate Commission created hereunder, through
means of joint and cooperative action among the compacting states:
to provide the framework for the promotion of public safety and
protect the rights of victims through the control and regulation of
the interstate movement of offenders in the community; to provide for
the effective tracking, supervision, and rehabilitation of these
offenders by the sending and receiving states; and to equitably
distribute the costs, benefits, and obligations of the compact among
the compacting states. In addition, this compact will: create an
Interstate Commission which will establish uniform procedures to
manage the movement between states of adults placed under community
supervision and released to the community under the jurisdiction of
courts, paroling authorities, corrections or other criminal justice
agencies which will promulgate rules to achieve the purpose of this
compact; ensure an opportunity for input and timely notice to victims
and to jurisdictions where defined offenders are authorized to
travel or to relocate across state lines; establish a system of
uniform data collection, access to information on active cases by
authorized criminal justice officials, and regular reporting of
Compact activities to heads of state councils, state executive,
judicial, and legislative branches and criminal justice
administrators; monitor compliance with rules governing interstate
movement of offenders and initiate interventions to address and
correct non-compliance; and coordinate training and education
regarding regulations of interstate movement of offenders for
officials involved in these types of activities. The compacting
states recognize that there is no "right" of any offender to live in
another state and that duly accredited officers of a sending state
may at all times enter a receiving state and there apprehend and
retake any offender under supervision subject to the provisions of
this compact and Bylaws and Rules promulgated hereunder. It is the
policy of the compacting states that the activities conducted by the
Interstate Commission created herein are the formation of public
policies and are therefore public business.

Article II. Definitions

As used in this compact, unless the context clearly requires a
different construction:
"Adult" means both individuals legally classified as adults and
juveniles treated as adults by court order, statute, or operation of
law.
"By-laws" mean those by-laws established by the Interstate
Commission for its governance, or for directing or controlling the
Interstate Commission's actions or conduct.
"Compact Administrator" means the individual in each compacting
state appointed pursuant to the terms of this compact responsible for
the administration and management of the state's supervision and
transfer of offenders subject to the terms of this compact, the rules
adopted by the Interstate Commission and policies adopted by the
State Council under this compact.
"Compacting state" means any state which has enacted the enabling
legislation for this compact.
"Commissioner" means the voting representative of each compacting
state appointed pursuant to Article III of this compact.
"Interstate Commission" means the Interstate Commission for Adult
Offender Supervision established by this compact.
"Member" means the commissioner of a compacting state or designee,
who shall be a person officially connected with the commissioner.
"Non Compacting state" means any state which has not enacted the
enabling legislation for this compact.
"Offender" means an adult placed under, or subject to, supervision
as the result of the commission of a criminal offense and released
to the community under the jurisdiction of courts, paroling
authorities, corrections, or other criminal justice agencies.
"Person" means any individual, corporation, business enterprise,
or other legal entity, either public or private.
"Rules" means acts of the Interstate Commission, duly promulgated
pursuant to Article VIII of this compact, substantially affecting
interested parties in addition to the Interstate Commission, which
shall have the force and effect of law in the compacting states.
"State" means a state of the United States, the District of
Columbia, and any other territorial possessions of the United States.

"State Council" means the resident members of the State Council
for Interstate Adult Offender Supervision created by each state under
Article III of this compact.

Article III. The Compact Commission

The compacting states hereby create the "Interstate Commission for
Adult Offender Supervision."
The Interstate Commission shall be a body corporate and joint
agency of the compacting states.
The Interstate Commission shall have all the responsibilities,
powers, and duties set forth herein, including the power to sue and
be sued, and whatever additional powers as may be conferred upon it
by subsequent action of the respective legislatures of the compacting
states in accordance with the terms of this compact.
The Interstate Commission shall consist of Commissioners selected
and appointed by resident members of the State Council for Interstate
Adult Offender Supervision for each state. In addition to the
Commissioners who are the voting representatives of each state, the
Interstate Commission shall include individuals who are not
commissioners but who are members of interested organizations; these
noncommissioner members must include a member of the national
organizations of governors, legislators, state chief justices,
attorneys general and crime victims. All noncommissioner members of
the Interstate Commission shall be ex-officio (nonvoting) members.
The Interstate Commission may provide in its by-laws for these
additional, ex-officio, nonvoting members as it deems necessary.
Each compacting state represented at any meeting of the Interstate
Commission is entitled to one vote. A majority of the compacting
states shall constitute a quorum for the transaction of business,
unless a larger quorum is required by the by-laws of the Interstate
Commission. The Interstate Commission shall meet at least once each
calendar year. The chairperson may call additional meetings and,
upon the request of 27 or more compacting states, shall call
additional meetings. Public notice shall be given of all meetings
and meetings shall be open to the public.
The Interstate Commission shall establish an Executive Committee
which shall include commission officers, members and others as shall
be determined by the By-laws. The Executive Committee shall have the
power to act on behalf of the Interstate Commission during periods
when the Interstate Commission is not in session, with the exception
of rulemaking and/or amendment to the Compact. The Executive
Committee oversees the day-to-day activities managed by the Executive
Director and Interstate Commission staff; administers enforcement
and compliance with the provisions of the compact, its by-laws and as
directed by the Interstate Commission and performs other duties as
directed by the Commission or set forth in the By-laws.

Article IV. The State Council

Each member state shall create a State Council for Interstate
Adult Offender Supervision which shall be responsible for the
appointment of the commissioner who shall serve on the Interstate
Commission from that state. Each state council shall appoint as its
commissioner the Compact Administrator from that state to serve on
the Interstate Commission in this capacity under or pursuant to
applicable law of the member state. While each member state may
determine the membership of its own state council, its membership
must include at least one representative from the legislative,
judicial, and executive branches of government, victims groups and
compact administrators. Each compacting state retains the right to
determine the qualifications of the Compact Administrator who shall
be appointed by the state council or by the Governor in consultation
with the Legislature and the Judiciary. In addition to appointment
of its commissioner to the National Interstate Commission, each state
council shall exercise oversight and advocacy concerning its
participation in Interstate Commission activities and other duties as
may be determined by each member state, including, but not limited
to, development of policy concerning operations and procedures of the
compact within that state.

Article V. Powers and Duties of the Interstate Commission

The Interstate Commission shall have the following powers:
To adopt a seal and suitable by-laws governing the management and
operation of the Interstate Commission.
To promulgate rules which shall have the force and effect of
statutory law and shall be binding in the compacting states to the
extent and in the manner provided in this compact.
To oversee, supervise and coordinate the interstate movement of
offenders subject to the terms of this compact and any by-laws
adopted and rules promulgated by the compact commission.
To enforce compliance with compact provisions, Interstate
Commission rules, and by-laws, using all necessary and proper means,
including, but not limited to, the use of judicial process.
To establish and maintain offices.
To purchase and maintain insurance and bonds.
To borrow, accept, or contract for services of personnel,
including, but not limited to, members and their staffs.
To establish and appoint committees and hire staff which it deems
necessary for the carrying out of its functions including, but not
limited to, an executive committee as required by Article III which
shall have the power to act on behalf of the Interstate Commission in
carrying out its powers and duties hereunder.
To elect or appoint officers, attorneys, employees, agents, or
consultants, and to fix their compensation, define their duties and
determine their qualifications; and to establish the Interstate
Commission's personnel policies and programs relating to, among other
things, conflicts of interest, rates of compensation, and
qualifications of personnel.
To accept any and all donations and grants of money, equipment,
supplies, materials, and services, and to receive, utilize, and
dispose of same.
To lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve or use any property, real, personal,
or mixed.
To sell, convey, mortgage, pledge, lease, exchange, abandon, or
otherwise dispose of any property, real, personal or mixed.
To establish a budget and make expenditures and levy dues as
provided in Article X of this compact.
To sue and be sued.
To provide for dispute resolution among Compacting States.
To perform whatever functions as may be necessary or appropriate
to achieve the purposes of this compact.
To report annually to the legislatures, governors, judiciary, and
state councils of the compacting states concerning the activities of
the Interstate Commission during the preceding year. These reports
shall also include any recommendations that may have been adopted by
the Interstate Commission.
To coordinate education, training and public awareness regarding
the interstate movement of offenders for officials involved in these
activities.
To establish uniform standards for the reporting, collecting, and
exchanging of data.

Article VI. Organization and Operation of the Interstate
Commission

Section A. By-laws
The Interstate Commission shall, by a majority of the Members,
within twelve months of the first Interstate Commission meeting,
adopt By-laws to govern its conduct as may be necessary or
appropriate to carry out the purposes of the Compact, including, but
not limited to:
Establishing the fiscal year of the Interstate Commission.
Establishing an executive committee and other committees as may be
necessary.
Providing reasonable standards and procedures:
(i) For the establishment of committees.
(ii) Governing any general or specific delegation of any authority
or function of the Interstate Commission; providing reasonable
procedures for calling and conducting meetings of the Interstate
Commission, and ensuring reasonable notice of each meeting;
establishing the titles and responsibilities of the officers of the
Interstate Commission; providing reasonable standards and procedures
for the establishment of the personnel policies and programs of the
Interstate Commission. Notwithstanding any civil service or other
similar laws of any Compacting State, the By-laws shall exclusively
govern the personnel policies and programs of the Interstate
Commission; and providing a mechanism for winding up the operations
of the Interstate Commission and the equitable return of any surplus
funds that may exist upon the termination of the Compact after the
payment and/or reserving of all of its debts and obligations;
providing transition rules for "start up" administration of the
compact; establishing standards and procedures for compliance and
technical assistance in carrying out the compact.
Section B. Officers and Staff
The Interstate Commission shall, by a majority of the Members,
elect from among its Members a chairperson and a vice chairperson,
each of whom shall have authorities and duties as may be specified in
the By-laws. The chairperson, or in his or her absence or
disability, the vice chairperson, shall preside at all meetings of
the Interstate Commission. The Officers so elected shall serve
without compensation or remuneration from the Interstate Commission;
provided that, subject to the availability of budgeted funds, the
officers shall be reimbursed for any actual and necessary costs and
expenses incurred by them in the performance of their duties and
responsibilities as officers of the Interstate Commission.
The Interstate Commission shall, through its executive committee,
appoint or retain an executive director for a period, upon terms and
conditions and for compensation as the Interstate Commission may deem
appropriate. The executive director shall serve as secretary to the
Interstate Commission, and hire and supervise other staff as may be
authorized by the Interstate Commission, but shall not be a member.
Section C. Corporate Records of the Interstate Commission
The Interstate Commission shall maintain its corporate books and
records in accordance with the By-laws.
Section D. Qualified Immunity, Defense and Indemnification
The Members, officers, executive director and employees of the
Interstate Commission shall be immune from suit and liability, either
personally or in their official capacity, for any claim for damage
to or loss of property or personal injury or other civil liability
caused or arising out of any actual or alleged act, error or omission
that occurred within the scope of Interstate Commission employment,
duties or responsibilities; provided, that nothing in this paragraph
shall be construed to protect anyone from suit and/or liability for
any damage, loss, injury or liability caused by their intentional or
willful and wanton misconduct. The Interstate Commission shall
defend the Commissioner of a Compacting State, or his or her
representatives or employees, or the Interstate Commission's
representatives or employees, in any civil action seeking to impose
liability, arising out of any actual or alleged act, error or
omission that occurred within the scope of Interstate Commission
employment, duties or responsibilities, or that the defendant had a
reasonable basis for believing occurred within the scope of
Interstate Commission employment, duties or responsibilities;
provided, that the actual or alleged act, error or omission did not
result from intentional wrongdoing on the part of that person.
The Interstate Commission shall indemnify and hold the
Commissioner of a Compacting State, the appointed designee or
employees, or the Interstate Commission's representatives or
employees, harmless in the amount of any settlement or judgement
obtained against anyone arising out of any actual or alleged act,
error or omission that occurred within the scope of Interstate
Commission employment, duties or responsibilities, or that person had
a reasonable basis for believing occurred within the scope of
Interstate Commission employment, duties or responsibilities,
provided, that the actual or alleged act, error or omission did not
result from gross negligence or intentional wrongdoing on the part of
the person.

Article VII. Activities of the Interstate Commission

The Interstate Commission shall meet and take whatever actions as
are consistent with the provisions of this Compact.
Except as otherwise provided in this Compact and unless a greater
percentage is required by the By-laws, in order to constitute an act
of the Interstate Commission, the act shall have been taken at a
meeting of the Interstate Commission and shall have received an
affirmative vote of a majority of the members present.
Each Member of the Interstate Commission shall have the right and
power to cast a vote to which that Compacting State is entitled and
to participate in the business and affairs of the Interstate
Commission. A Member shall vote in person on behalf of the state and
shall not delegate a vote to another member state. However, a State
Council shall appoint another authorized representative, in the
absence of the commissioner from that state, to cast a vote on behalf
of the member state at a specified meeting. The By-laws may provide
for Members' participation in meetings by telephone or other means
of telecommunication or electronic communication. Any voting
conducted by telephone, or other means of telecommunication or
electronic communication shall be subject to the same quorum
requirements of meetings where members are present in person.
The Interstate Commission shall meet at least once during each
calendar year. The chairperson of the Interstate Commission may call
additional meetings at any time and, upon the request of a majority
of the Members, shall call additional meetings.
The Interstate Commission's By-laws shall establish conditions and
procedures under which the Interstate Commission shall make its
information and official records available to the public for
inspection or copying. The Interstate Commission may exempt from
disclosure any information or official records to the extent they
would adversely affect personal privacy rights or proprietary
interests. In promulgating the Rules, the Interstate Commission may
make available to law enforcement agencies records and information
otherwise exempt from disclosure, and may enter into agreements with
law enforcement agencies to receive or exchange information or
records subject to nondisclosure and confidentiality provisions.
Public notice shall be given of all meetings and all meetings
shall be open to the public, except as set forth in the Rules or as
otherwise provided in the Compact. The Interstate Commission shall
promulgate Rules consistent with the principles contained in the
"Government in Sunshine Act," 5 U.S.C. Section 552(b), as may be
amended. The Interstate Commission and any of its committees may
close a meeting to the public where it determines by two-thirds vote
that an open meeting would be likely to:
Relate solely to the Interstate Commission's internal personnel
practices and procedures.
Disclose matters specifically exempted from disclosure by statute.

Disclose trade secrets or commercial or financial information
which is privileged or confidential.
Involve accusing any person of a crime, or formally censuring any
person.
Disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy.
Disclose investigatory records compiled for law enforcement
purposes.
Disclose information contained in or related to examination,
operating or condition reports prepared by, or on behalf of or for
the use of, the Interstate Commission with respect to a regulated
entity for the purpose of regulation or supervision of the entity.
Disclose information, the premature disclosure of which would
significantly endanger the life of a person or the stability of a
regulated entity.
Specifically relate to the Interstate Commission's issuance of a
subpoena, or its participation in a civil action or proceeding.
For every meeting closed pursuant to this provision, the
Interstate Commission's chief legal officer shall publicly certify
that, in his or her opinion, the meeting may be closed to the public,
and shall reference each relevant exemptive provision. The
Interstate Commission shall keep minutes which shall fully and
clearly describe all matters discussed in any meeting and shall
provide a full and accurate summary of any actions taken, and the
reasons therefor, including a description of each of the views
expressed on any item and the record of any rollcall vote (reflected
in the vote of each Member on the question). All documents
considered in connection with any action shall be identified in the
minutes. The Interstate Commission shall collect standardized data
concerning the interstate movement of offenders as directed through
its By-laws and Rules which shall specify the data to be collected,
the means of collection and data exchange and reporting requirements.


Article VIII. Rulemaking Functions of the Interstate
Commission

The Interstate Commission shall promulgate Rules in order to
effectively and efficiently achieve the purposes of the Compact
including transition rules governing administration of the compact
during the period in which it is being considered and enacted by the
states.
Rulemaking shall occur pursuant to the criteria set forth in this
Article and the By-laws and Rules adopted pursuant thereto.
Rulemaking shall substantially conform to the principles of the
federal Administrative Procedure Act, 5 U.S.C.S. section 551 et seq.,
and the Federal Advisory Committee Act, 5 U.S.C.S. app. 2, section 1
et seq., as may be amended (hereinafter "APA"). All Rules and
amendments shall become binding as of the date specified in each Rule
or amendment.
If a majority of the legislatures of the Compacting States rejects
a Rule, by enactment of a statute or resolution in the same manner
used to adopt the compact, then the Rule shall have no further force
and effect in any Compacting State.
When promulgating a Rule, the Interstate Commission shall:
Publish the proposed Rule stating with particularity the text of
the Rule which is proposed and the reason for the proposed Rule.
Allow persons to submit written data, facts, opinions and
arguments, which information shall be publicly available.
Provide an opportunity for an informal hearing.
Promulgate a final Rule and its effective date, if appropriate,
based on the rulemaking record.
Not later than sixty days after a Rule is promulgated, any
interested person may file a petition in the United States District
Court for the District of Columbia or in the Federal District Court
where the Interstate Commission's principal office is located for
judicial review of the Rule. If the court finds that the Interstate
Commission's action is not supported by substantial evidence, (as
defined in the APA), in the rulemaking record, the court shall hold
the Rule unlawful and set it aside. Subjects to be addressed within
12 months after the first meeting must at a minimum include:
Notice to victims and opportunity to be heard.
Offender registration and compliance.
Violations/returns.
Transfer procedures and forms.
Eligibility for transfer.
Collection of restitution and fees from offenders.
Data collection and reporting.
The level of supervision to be provided by the receiving state.
Transition rules governing the operation of the compact and the
Interstate Commission during all or part of the period between the
effective date of the compact and the date on which the last eligible
state adopts the compact.
Mediation, arbitration and dispute resolution.
The existing rules governing the operation of the previous compact
superceded by this Act shall be null and void twelve (12) months
after the first meeting of the Interstate Commission created
hereunder.
Upon determination by the Interstate Commission that an emergency
exists, it may promulgate an emergency rule which shall become
effective immediately upon adoption, provided that the usual
rulemaking procedures provided hereunder shall be retroactively
applied to said rule as soon as reasonably possible, in no event
later than 90 days after the effective date of the rule.

Article IX. Oversight, Enforcement, and Dispute Resolution by
the Interstate Commission

Section A. Oversight
The Interstate Commission shall oversee the interstate movement of
adult offenders in the compacting states and shall monitor the
activities being administered in Non-compacting States which may
significantly affect Compacting States.
The courts and executive agencies in each Compacting State shall
enforce this Compact and shall take all actions necessary and
appropriate to effectuate the Compact's purposes and intent. In any
judicial or administrative proceeding in a Compacting State
pertaining to the subject matter of this Compact which may affect the
powers, responsibilities or actions of the Interstate Commission,
the Interstate Commission shall be entitled to receive all service of
process in any proceeding, and shall have standing to intervene in
the proceeding for all purposes.
Section B. Dispute Resolution
The Compacting States shall report to the Interstate Commission on
issues or activities of concern to them, and cooperate with and
support the Interstate Commission in the discharge of its duties and
responsibilities.
The Interstate Commission shall attempt to resolve any disputes or
other issues which are subject to the Compact and which may arise
among Compacting States and Non-compacting States.
The Interstate Commission shall enact a By-law or promulgate a
Rule providing for both mediation and binding dispute resolution for
disputes among the Compacting States.
Section C. Enforcement
The Interstate Commission, in the reasonable exercise of its
discretion, shall enforce the provisions of this compact using any or
all means set forth in Article XII, Section B, of this compact.

Article X. Finance

The Interstate Commission shall pay or provide for the payment of
the reasonable expenses of its establishment, organization and
ongoing activities.
The Interstate Commission shall levy on and collect an annual
assessment from each Compacting State to cover the cost of the
internal operations and activities of the Interstate Commission and
its staff which must be in a total amount sufficient to cover the
Interstate Commission's annual budget as approved each year. The
aggregate annual assessment amount shall be allocated based upon a
formula to be determined by the Interstate Commission, taking into
consideration the population of the state and the volume of
interstate movement of offenders in each Compacting State and shall
promulgate a Rule binding upon all Compacting States which governs
said assessment.
The Interstate Commission shall not incur any obligations of any
kind prior to securing the funds adequate to meet the same; nor shall
the Interstate Commission pledge the credit of any of the compacting
states, except by and with the authority of the compacting state.
The Interstate Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
Interstate Commission shall be subject to the audit and accounting
procedures established under its By-laws. However, all receipts and
disbursements of funds handled by the Interstate Commission shall be
audited yearly by a certified or licensed public accountant and the
report of the audit shall be included in and become part of the
annual report of the Interstate Commission.

Article XI. Compacting States, Effective Date and Amendment

Any state, as defined in Article II of this compact, is eligible
to become a Compacting State. The Compact shall become effective and
binding upon legislative enactment of the Compact into law by no
less than 35 of the States. The initial effective date shall be the
later of July 1, 2001, or upon enactment into law by the 35th
jurisdiction. Thereafter, it shall become effective and binding, as
to any other Compacting State, upon enactment of the Compact into law
by that State. The governors of Non-member states or their
designees will be invited to participate in Interstate Commission
activities on a non-voting basis prior to adoption of the compact by
all states and territories of the United States.
Amendments to the Compact may be proposed by the Interstate
Commission for enactment by the Compacting States. No amendment
shall become effective and binding upon the Interstate Commission and
the Compacting States unless and until it is enacted into law by
unanimous consent of the Compacting States.

Article XII. Withdrawal, Default, Termination, and Judicial
Enforcement

Section A. Withdrawal
Once effective, the Compact shall continue in force and remain
binding upon each and every Compacting State; provided, that a
Compacting State may withdraw from the Compact ("Withdrawing State")
by enacting a statute specifically repealing the statute which
enacted the Compact into law.
The effective date of withdrawal is the effective date of the
repeal. The Withdrawing State shall immediately notify the
Chairperson of the Interstate Commission in writing upon the
introduction of legislation repealing this Compact in the Withdrawing
State. The Interstate Commission shall notify the other Compacting
States of the Withdrawing State's intent to withdraw within sixty
days of its receipt thereof. The Withdrawing State is responsible
for all assessments, obligations and liabilities incurred through the
effective date of withdrawal, including any obligations, the
performance of which extend beyond the effective date of withdrawal.

Reinstatement following withdrawal of any Compacting State shall
occur upon the Withdrawing State reenacting the Compact or upon a
later date as determined by the Interstate Commission.
Section B. Default
If the Interstate Commission determines that any Compacting State
has at any time defaulted ("Defaulting State") in the performance of
any of its obligations or responsibilities under this Compact, the
By-laws or any duly promulgated Rules the Interstate Commission may
impose any or all of the following penalties: Fines, fees and costs
in amounts as are deemed to be reasonable as fixed by the Interstate
Commission. Remedial training and technical assistance as directed
by the Interstate Commission; suspension and termination of
membership in the compact. Suspension shall be imposed only after
all other reasonable means of securing compliance under the By-laws
and Rules have been exhausted. Immediate notice of suspension shall
be given by the Interstate Commission to the Governor, the Chief
Justice or Chief Judicial Officer of the state, the majority and
minority leaders of the defaulting state's legislature, and the State
Council.
The grounds for default include, but are not limited to, failure
of a Compacting State to perform the obligations or responsibilities
imposed upon it by this compact, Interstate Commission By-laws, or
duly promulgated Rules. The Interstate Commission shall immediately
notify the Defaulting State in writing of the penalty imposed by the
Interstate Commission on the Defaulting State pending a cure of the
default. The Interstate Commission shall stipulate the conditions
and the time period within which the Defaulting State must cure its
default. If the Defaulting State fails to cure the default within
the time period specified by the Interstate Commission, in addition
to any other penalties imposed herein, the Defaulting State may be
terminated from the Compact upon an affirmative vote of a majority of
the Compacting States and all rights, privileges and benefits
conferred by this Compact shall be terminated from the effective date
of suspension. Within sixty days of the effective date of
termination of a Defaulting State, the Interstate Commission shall
notify the Governor, the Chief Justice or Chief Judicial Officer and
the Majority and Minority Leaders of the Defaulting State's
legislature and the state council of the termination.
The Defaulting State is responsible for all assessments,
obligations and liabilities incurred through the effective date of
termination including any obligations, the performance of which
extends beyond the effective date of termination.
The Interstate Commission shall not bear any costs relating to the
Defaulting State unless otherwise mutually agreed upon between the
Interstate Commission and the Defaulting State. Reinstatement
following termination of any Compacting State requires both a
reenactment of the Compact by the Defaulting State and the approval
of the Interstate Commission pursuant to the Rules.
Section C. Judicial Enforcement
The Interstate Commission may, by majority vote of the Members,
initiate legal action in the United States District Court for the
District of Columbia or, at the discretion of the Interstate
Commission, in the Federal District where the Interstate Commission
has its offices to enforce compliance with the provisions of the
Compact, its duly promulgated Rules and By-laws, against any
Compacting State in default. In the event judicial enforcement is
necessary the prevailing party shall be awarded all litigation costs
including reasonable attorneys fees.
Section D. Dissolution of Compact
The Compact dissolves effective upon the date of the withdrawal or
default of the Compacting State which reduces membership in the
Compact to one Compacting State.
Upon the dissolution of this Compact, the Compact becomes null and
void and shall be of no further force or effect, and the business
and affairs of the Interstate Commission shall be wound up and any
surplus funds shall be distributed in accordance with the By-laws.

Article XIII. Severability and Construction

The provisions of this Compact shall be severable, and if any
phrase, clause, sentence or provision is deemed unenforceable, the
remaining provisions of the Compact shall be enforceable.
The provisions of this Compact shall be liberally constructed to
effectuate its purposes.

Article XIV. Binding Effect of Compact and Other Laws

Section A. Other Laws
Nothing herein prevents the enforcement of any other law of a
Compacting State that is not inconsistent with this Compact.
All Compacting States' laws conflicting with this Compact are
superseded to the extent of the conflict.
Section B. Binding Effect of the Compact
All lawful actions of the Interstate Commission, including all
Rules and By-laws promulgated by the Interstate Commission, are
binding upon the Compacting States.
All agreements between the Interstate Commission and the
Compacting States are binding in accordance with their terms.
Upon the request of a party to a conflict over meaning or
interpretation of Interstate Commission actions, and upon a majority
vote of the Compacting States, the Interstate Commission may issue
advisory opinions regarding meaning or interpretation.
In the event any provision of this Compact exceeds the
constitutional limits imposed on the legislature of any Compacting
State, the obligations, duties, powers or jurisdiction sought to be
conferred by the provision upon the Interstate Commission shall be
ineffective and the obligations, duties, powers or jurisdiction shall
remain in the Compacting State and shall be exercised by the agency
thereof to which the obligations, duties, powers or jurisdiction are
delegated by law in effect at the time this Compact becomes
effective.




11181. (a) There is hereby established the California Council for
Interstate Adult Offender Supervision.
(b) The council shall exercise oversight and advocacy concerning
its participation in Interstate Commission activities, and other
duties as may be determined by the Legislature or Governor, including
but not limited to, development of policy concerning operations and
procedures of the compact within the state.
(c) There shall be seven members of the council. The Director of
Corrections, or his or her designee, shall be a member and serve as
the commissioner, who shall represent California and serve on the
Interstate Commission for Adult Offender Supervision. The
commissioner shall also be the Compact Administrator for the State of
California for purposes of the Interstate Compact for Adult Offender
Supervision. The Governor shall appoint three members, one of whom
shall represent victims rights groups, and one of whom shall
represent chief probation officers. One member each shall be
appointed by the Senate Committee on Rules and the Speaker of the
Assembly. The Judicial Council shall appoint one superior court
judge as a member.
(d) With the exception of the commissioner, each member of the
council shall serve for a term of four years. Council members shall
not be compensated, except for reasonable per diem expenses related
to their work for council purposes.
(e) The council shall, not later than July 1, 2005, submit a
report to the Legislature on the status of implementing the
Interstate Compact for Adult Offender Supervision in California. The
report shall clearly differentiate the role and responsibilities of
the state Compact Administrator from local supervisory agencies and
shall articulate the interdependence between the state Compact
Administrator and other related entities, including, but not limited
to, local supervisory agencies. Additionally, the report shall
identify the process by which the State Council communicates with
county probation offices and Superior courts to ensure the state's
compliance with the Interstate Compact for Adult Offender
Supervision.

[هيثم الفقى]

Interstate Corrections Compacts


11189. The Interstate Corrections Compact as set forth in this
section is hereby adopted and entered into with all other
jurisdictions joining therein. The provisions of the interstate
compact are as follows:

INTERSTATE CORRECTIONS COMPACT

This section may be cited as the Interstate Corrections Compact.
The Interstate Corrections Compact is hereby enacted into law and
entered into by this state with any other states legally joining
therein in the form substantially as follows:

INTERSTATE CORRECTIONS COMPACT

Article I
Purpose and Policy

The party states, desiring by common action to fully utilize and
improve their institutional facilities and provide adequate programs
for the confinement, treatment and rehabilitation of various types of
offenders, declare that it is the policy of each of the party states
to provide such facilities and programs on a basis of cooperation
with one another, thereby serving the best interests of such
offenders and of society and effecting economies in capital
expenditures and operational costs. The purpose of this compact is
to provide for the mutual development and execution of such programs
of cooperation for the confinement, treatment and rehabilitation of
offenders with the most economical use of human and material
resources.

Article II
Definitions

As used in this compact, unless the context clearly requires
otherwise:
(a) "State" means a state of the United States; the United States
of America; a territory or possession of the United States; the
District of Columbia; the Commonwealth of Puerto Rico.
(b) "Sending state" means a state party to this compact in which
conviction or court commitment was had.
(c) "Receiving state" means a state party to this compact to which
an inmate is sent for confinement other than a state in which
conviction or court commitment was had.
(d) "Inmate" means a male or female offender who is committed,
under sentence to or confined in a penal or correctional institution.

(e) "Institution" means any penal or correctional facility,
including but not limited to a facility for the mentally ill or
mentally defective, in which inmates as defined in (d) above may
lawfully be confined.

Article III
Contracts

(a) Each party state may make one or more contracts with any one
or more of the other party states for the confinement of inmates on
behalf of a sending state in institutions situated within receiving
states. Any such contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the sending state
for inmate maintenance, extraordinary medical and dental expenses,
and any participation in or receipt by inmates of rehabilitative or
correctional services, facilities, programs or treatment not
reasonably included as part of normal maintenance.
3. Participation in programs of inmate employment, if any; the
disposition or crediting of any payments received by inmates on
account thereof; and the crediting of proceeds from or disposal of
any products resulting therefrom.
4. Delivery and retaking of inmates.
5. Such other matters as may be necessary and appropriate to fix
the obligations, responsibilities and rights of the sending and
receiving states.
(b) The terms and provisions of this compact shall be a part of
any contract entered into by the authority of or pursuant thereto,
and nothing in any such contract shall be inconsistent therewith.

Article IV
Procedures and Rights

(a) Whenever the duly constituted authorities in a state party to
this compact, and which has entered into a contract pursuant to
Article III, shall decide that confinement in, or transfer of an
inmate to, an institution within the territory of another party state
is necessary or desirable in order to provide adequate quarters and
care or an appropriate program of rehabilitation or treatment, said
officials may direct that the confinement be within an institution
within the territory of said other party state, the receiving state
to act in that regard solely as agent for the sending state.
(b) The appropriate officials of any state party to this compact
shall have access, at all reasonable times, to any institution in
which it has a contractual right to confine inmates for the purpose
of inspecting the facilities thereof and visiting such of its inmates
as may be confined in the institution.
(c) Inmates confined in an institution pursuant to the terms of
this compact shall at all times be subject to the jurisdiction of the
sending state and may at any time be removed therefrom for transfer
to a prison or other institution within the sending state, for
transfer to another institution in which the sending state may have a
contractual or other right to confine inmates, for release on
probation or parole, for discharge, or for any other purpose
permitted by the laws of the sending state; provided that the sending
state shall continue to be obligated to such payments as may be
required pursuant to the terms of any contract entered into under the
terms of Article III.
(d) Each receiving state shall provide regular reports to each
sending state on the inmates of that sending state in institutions
pursuant to this compact including a conduct record of each inmate
and certify said record to the official designated by the sending
state, in order that each inmate may have official review of his or
her record in determining and altering the disposition of said inmate
in accordance with the law which may obtain in the sending state and
in order that the same may be a source of information for the
sending state.
(e) All inmates who may be confined in an institution pursuant to
the provisions of this compact shall be treated in a reasonable and
humane manner and shall be treated equally with such similar inmates
of the receiving state as may be confined in the same institution.
The fact of confinement in a receiving state shall not deprive any
inmate so confined of any legal rights which said inmate would have
had if confined in an appropriate institution of the sending state.
(f) Any hearing or hearings to which an inmate confined pursuant
to this compact may be entitled by the laws of the sending state may
be had before the appropriate authorities of the sending state, or of
the receiving state if authorized by the sending state. The
receiving state shall provide adequate facilities for such hearings
as may be conducted by the appropriate officials of a sending state.
In the event such hearing or hearings are had before officials of
the receiving state, the governing law shall be that of the sending
state and a record of the hearing or hearings as prescribed by the
sending state shall be made. Said record together with any
recommendations of the hearing officials shall be transmitted
forthwith to the official or officials before whom the hearing would
have been had if it had taken place in the sending state. In any and
all proceedings had pursuant to the provisions of this subdivision,
the officials of the receiving state shall act solely as agents of
the sending state and no final determination shall be made in any
matter except by the appropriate officials of the sending state.
(g) Any inmate confined pursuant to this compact shall be released
within the territory of the sending state unless the inmate, and the
sending and receiving states, shall agree upon release in some other
place. The sending state shall bear the cost of such return to its
territory.
(h) Any inmate confined pursuant to the terms of this compact
shall have any and all rights to participate in and derive any
benefits or incur or be relieved of any obligations or have such
obligations modified or his status changed on account of any action
or proceeding in which he could have participated if confined in any
appropriate institution of the sending state located within such
state.
(i) The parent, guardian, trustee, or other person or persons
entitled under the laws of the sending state to act for, advise, or
otherwise function with respect to any inmate shall not be deprived
of or restricted in his exercise of any power in respect of any
inmate confined pursuant to the terms of this compact.

Article V
Acts Not Reviewable in Receiving State: Extradition

(a) Any decision of the sending state in respect of any matter
over which it retains jurisdiction pursuant to this compact shall be
conclusive upon and not reviewable within the receiving state, but if
at the time the sending state seeks to remove an inmate from an
institution in the receiving state there is pending against the
inmate within such state any criminal charge or if the inmate is
formally accused of having committed within such state a criminal
offense, the inmate shall not be returned without the consent of the
receiving state until discharged from prosecution or other form of
proceeding, imprisonment or detention for such offense. The duly
accredited officers of the sending state shall be permitted to
transport inmates pursuant to this compact through any and all states
party to this compact without interference.
(b) An inmate who escapes from an institution in which he is
confined pursuant to this compact shall be deemed a fugitive from the
sending state and from the state in which the institution is
situated. In the case of an escape to a jurisdiction other than the
sending or receiving state, the responsibility for institution of
extradition or rendition proceedings shall be that of the sending
state, but nothing contained herein shall be construed to prevent or
affect the activities of officers and agencies of any jurisdiction
directed toward the apprehension and return of an escapee.

Article VI
Federal Aid

Any state party to this compact may accept federal aid for use in
connection with any institution or program, the use of which is or
may be affected by this compact or any contract pursuant hereto and
any inmate in a receiving state pursuant to this compact may
participate in any such federally aided program or activity for which
the sending and receiving states have made contractual provision,
provided that if such program or activity is not part of the
customary correctional regimen, the express consent of the
appropriate official of the sending state shall be required therefor.


Article VII
Entry Into Force

This compact shall enter into force and become effective and
binding upon the states so acting when it has been enacted into law
by any two states. Thereafter, this compact shall enter into force
and become effective and binding as to any other of said states upon
similar action by such state.

Article VIII
Withdrawal and Termination

This compact shall continue in force and remain binding upon a
party state until it shall have enacted a statute repealing the same
and providing for the sending of formal written notice of withdrawal
from the compact to the appropriate officials of all other party
states. An actual withdrawal shall not take effect until one year
after the notices provided in said statute have been sent. Such
withdrawal shall not relieve the withdrawing state from its
obligations assumed hereunder prior to the effective date of
withdrawal. Before the effective date of withdrawal, a withdrawing
state shall remove to its territory, at its own expense, such inmates
as it may have confined pursuant to the provisions of this compact.


Article IX
Other Arrangements Unaffected

Nothing contained in this compact shall be construed to abrogate
or impair any agreement or other arrangement which a party state may
have with a nonparty state for the confinement, rehabilitation or
treatment of inmates nor to repeal any other laws of a party state
authorizing the making of cooperative institutional arrangements.

Article X
Construction and Severability

The provisions of this compact shall be liberally construed and
shall be severable. If any phrase, clause, sentence or provision of
this compact is declared to be contrary to the constitution of any
participating state or of the United States or the applicability
thereof to any government, agency, person or circumstance is held
invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person or
circumstance shall not be affected thereby. If this compact shall be
held contrary to the constitution of any state participating
therein, the compact shall remain in full force and effect as to the
remaining states and in full force and effect as to the state
affected as to all severable matters.




11190. The Western Interstate Corrections Compact as contained
herein is hereby enacted into law and entered into on behalf of this
State with any and all other states legally joining therein in a form
substantially as follows:

WESTERN INTERSTATE CORRECTIONS COMPACT

ARTICLE I
Purpose and Policy

The party states, desiring by common action to improve their
institutional facilities and provide programs of sufficiently high
quality for the confinement, treatment and rehabilitation of various
types of offenders, declare that it is the policy of each of the
party states to provide such facilities and programs on a basis of
co-operation with one another, thereby serving the best interests of
such offenders and of society. The purpose of this compact is to
provide for the development and execution of such programs of
co-operation for the confinement, treatment and rehabilitation of
offenders.

ARTICLE II
Definitions

As used in this compact, unless the context clearly requires
otherwise:
(a) "State" means a state of the United States, or, subject to the
limitation contained in Article VII, Guam.
(b) "Sending state" means a state party to this compact in which
conviction was had.
(c) "Receiving state" means a state party to this compact to which
an inmate is sent for confinement other than a state in which
conviction was had.
(d) "Inmate" means a male or female offender who is under sentence
to or confined in a prison or other correctional institution.
(e) "Institution" means any prison, reformatory or other
correctional facility (including but not limited to a facility for
the mentally ill or mentally defective) in which inmates may lawfully
be confined.

ARTICLE III
Contracts

(a) Each party state may make one or more contracts with any one
or more of the other party states for the confinement of inmates on
behalf of a sending state in institutions situated within receiving
states. Any such contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the sending state
for inmate maintenance, extraordinary medical and dental expenses,
and any participation in or receipt by inmates of rehabilitative or
correctional services, facilities, programs or treatment not
reasonably included as part of normal maintenance.
3. Participation in programs of inmate employment, if any; the
disposition or crediting of any payments received by inmates on
accounts thereof; and the crediting of proceeds from or disposal of
any products resulting therefrom.
4. Delivery and retaking of inmates.
5. Such other matters as may be necessary and appropriate to fix
the obligations, responsibilities and rights of the sending and
receiving states.
(b) Prior to the construction or completion of construction of any
institution or addition thereto by a party state, any other party
state or states may contract therewith for the enlargement of the
planned capacity of the institution or addition thereto, or for the
inclusion therein of particular equipment or structures, and for the
reservation of a specific per centum of the capacity of the
institution to be kept available for use by inmates of the sending
state or states so contracting. Any sending state so contracting
may, to the extent that moneys are legally available therefor, pay to
the receiving state, a reasonable sum as consideration for such
enlargement of capacity, or provision of equipment or structures, and
reservation of capacity. Such payment may be in a lump sum or in
installments as provided in the contract.
(c) The terms and provisions of this compact shall be a part of
any contract entered into by the authority of or pursuant thereto,
and nothing in any such contract shall be inconsistent therewith.

ARTICLE IV
Procedures and Rights

(a) Whenever the duly constituted judicial or administrative
authorities in a state party to this compact, and which has entered
into a contract pursuant to Article III, shall decide that
confinement in, or transfer of an inmate to, an institution within
the territory of another party state is necessary in order to provide
adequate quarters and care or desirable in order to provide an
appropriate program of rehabilitation or treatment, said officials
may direct that the confinement be within an institution within the
territory of said other party state, the receiving state to act in
that regard solely as agent for the sending state.
(b) The appropriate officials of any state party to this compact
shall have access, at all reasonable times, to any institution in
which it has a contractual right to confine inmates for the purpose
of inspecting the facilities thereof and visiting such of its inmates
as may be confined in the institution.
(c) Inmates confined in an institution pursuant to the terms of
this compact shall at all times be subject to the jurisdiction of the
sending state and may at any time be removed therefrom for transfer
to a prison or other institution within the sending state, for
transfer to another institution in which the sending state may have a
contractual or other right to confine inmates, for release on
probation or parole, for discharge, or for any other purpose
permitted by the laws of the sending state; provided that the sending
state shall continue to be obligated to such payments as may be
required pursuant to the terms of any contract entered into under the
terms of Article III.
(d) Each receiving state shall provide regular reports to each
sending state on the inmates of that sending state in institutions
pursuant to this compact including a conduct record of each inmate
and certify said record to the official designated by the sending
state, in order that each inmate may have the benefit of his or her
record in determining and altering the disposition of said inmate in
accordance with the law which may obtain in the sending state and in
order that the same may be a source of information for the sending
state.
(e) All inmates who may be confined in an institution pursuant to
the provisions of this compact shall be treated in a reasonable and
humane manner and shall be cared for and treated equally with such
similar inmates of the receiving state as may be confined in the same
institution. The fact of confinement in a receiving state shall not
deprive any inmate so confined of any legal rights which said inmate
would have had if confined in an appropriate institution of the
sending state.
(f) Any hearing or hearings to which an inmate confined pursuant
to this compact may be entitled by the laws of the sending state may
be had before the appropriate authorities of the sending state, or of
the receiving state if authorized by the sending state. The
receiving state shall provide adequate facilities for such hearings
as may be conducted by the appropriate officials of a sending state.
In the event such hearing or hearings are had before officials of
the receiving state, the governing law shall be that of the sending
state and a record of the hearing or hearings as prescribed by the
sending state shall be made. Said record together with any
recommendations of the hearing officials shall be transmitted
forthwith to the official or officials before whom the hearing would
have been had if it had taken place in the sending state. In any and
all proceedings had pursuant to the provisions of this subdivision,
the officials of the receiving state shall act solely as agents of
the sending state and no final determination shall be made in any
matter except by the appropriate officials of the sending state.
Costs of records made pursuant to this subdivision shall be borne by
the sending state.
(g) Any inmate confined pursuant to this compact shall be released
within the territory of the sending state unless the inmate, and the
sending and receiving states, shall agree upon release in some other
place. The sending state shall bear the cost of such return to its
territory.
(h) Any inmate confined pursuant to the terms of this compact
shall have any and all rights to participate in and derive any
benefits or incur or be relieved of any obligations or have such
obligations modified or his status changed on account of any action
or proceeding in which he could have participated if confined in any
appropriate institution of the sending state located within such
state.
(i) The parent, guardian, trustee, or other person or persons
entitled under the laws of the sending state to act for, advise, or
otherwise function with respect to any inmate shall not be deprived
of or restricted in his exercise of any power in respect of any
inmate confined pursuant to the terms of this compact.

ARTICLE V
Acts Not Reviewable in Receiving State; Extradition

(a) Any decision of the sending state in respect of any matter
over which it retains jurisdiction pursuant to this compact shall be
conclusive upon and not reviewable within the receiving state, but if
at the time the sending state seeks to remove an inmate from an
institution in the receiving state there is pending against the
inmate within such state any criminal charge or if the inmate is
suspected of having committed within such state a criminal offense,
the inmate shall not be returned without the consent of the receiving
state until discharged from prosecution or other form of proceeding,
imprisonment or detention for such offense. The duly accredited
officers of the sending state shall be permitted to transport inmates
pursuant to this compact through any and all states party to this
compact without interference.
(b) An inmate who escapes from an institution in which he is
confined pursuant to this compact shall be deemed a fugitive from the
sending state and from the state in which the institution is
situated. In the case of an escape to a jurisdiction other than the
sending or receiving state, the responsibility for institution of
extradition proceedings shall be that of the sending state, but
nothing contained herein shall be construed to prevent or affect the
activities of officers and agencies of any jurisdiction directed
toward the apprehension and return of an escapee.

ARTICLE VI
Federal Aid

Any state party to this compact may accept federal aid for use in
connection with any institution or program, the use of which is or
may be affected by this compact or any contract pursuant hereto and
any inmate in a receiving state pursuant to this compact may
participate in any such federally aided program or activity for which
the sending and receiving states have made contractual provision
provided that if such program or activity is not part of the
customary correctional regimen the express consent of the appropriate
official of the sending state shall be required therefor.

ARTICLE VII
Entry Into Force

This compact shall enter into force and become effective and
binding upon the states so acting when it has been enacted into law
by any two contiguous states from among the States of Alaska,
Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska,
Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. For the
purpose of this article, Alaska and Hawaii shall be deemed contiguous
to each other; to any and all of the States of California, Oregon
and Washington; and to Guam. Thereafter, this compact shall enter
into force and become effective and binding as to any other of said
states, or any other state contiguous to at least one party state
upon similar action by such state. Guam may become party to this
compact by taking action similar to that provided for joinder by any
other eligible party state and upon the consent of Congress to such
joinder. For the purposes of this article, Guam shall be deemed
contiguous to Alaska, Hawaii, California, Oregon and Washington.

ARTICLE VIII
Withdrawal and Termination

This compact shall continue in force and remain binding upon a
party state until it shall have enacted a statute repealing the same
and providing for the sending of formal written notice of withdrawal
from the compact to the appropriate officials of all other party
states. An actual withdrawal shall not take effect until two years
after the notices provided in said statute have been sent. Such
withdrawal shall not relieve the withdrawing state from its
obligations assumed hereunder prior to the effective date of
withdrawal. Before the effective date of withdrawal, a withdrawing
state shall remove to its territory, at its own expense, such inmates
as it may have confined pursuant to the provisions of this compact.


ARTICLE IX
Other Arrangements Unaffected

Nothing contained in this compact shall be construed to abrogate
or impair any agreement or other arrangement which a party state may
have with a nonparty state for the confinement, rehabilitation or
treatment of inmates nor to repeal any other laws of a party state
authorizing the making of co-operative institutional arrangements.

ARTICLE X
Construction and Severability

The provisions of this compact shall be liberally construed and
shall be severable. If any phrase, clause, sentence or provision of
this compact is declared to be contrary to the constitution of any
participating state or of the United States or the applicability
thereof to any government, agency, person or circumstance is held
invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person or
circumstance shall not be affected thereby. If this compact shall be
held contrary to the constitution of any state participating
therein, the compact shall remain in full force and effect as to the
remaining states and in full force and effect as to the state
affected as to all severable matters.




11191. (a) Any court or other agency or officer of this state
having power to commit or transfer an inmate (as defined in Article
II(d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact) to any institution for confinement
may commit or transfer that inmate to any institution within or
without this state if this state has entered into a contract or
contracts for the confinement of inmates in that institution pursuant
to Article III of the Interstate Corrections Compact or of the
Western Interstate Corrections Compact. The inmate shall have the
right to a private consultation with an attorney of his choice, or
with a public defender if the inmate cannot afford counsel,
concerning his rights and obligations under this section, and shall
be informed of those rights prior to executing the written consent.
At any time more than five years after the transfer, the inmate shall
be entitled to revoke his consent and to transfer to an institution
in this state. In which case, the transfer shall occur within the
next 30 days.
(b) Notwithstanding subdivision (a), no inmate with serious
medical or mental health conditions, as determined by the Plata
Receiver, or an inmate in the mental health delivery system at the
Enhanced Outpatient Program level of care or higher may be committed
or transferred to an institution outside of this state unless he has
executed a written consent to the transfer.
(c) This section shall remain in effect only until July 1, 2011,
or until such time as the Department of Corrections and
Rehabilitation has replaced "temporary beds," as defined in paragraph
(3) of subdivision (a) of Section 15819.34 of the Government Code,
whichever is sooner, and as of January 1, 2012, shall be repealed,
unless a later enacted statute deletes or extends that date.



11191. (a) Any court or other agency or officer of this state
having power to commit or transfer an inmate (as defined in Article
II(d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact) to any institution for confinement
may commit or transfer that inmate to any institution within or
without this state if this state has entered into a contract or
contracts for the confinement of inmates in that institution pursuant
to Article III of the Interstate Corrections Compact or of the
Western Interstate Corrections Compact, but no inmate sentenced under
California law may be committed or transferred to an institution
outside of this state, unless he or she has executed a written
consent to the transfer. The inmate shall have the right to a private
consultation with an attorney of his choice, or with a public
defender if the inmate cannot afford counsel, concerning his rights
and obligations under this section, and shall be informed of those
rights prior to executing the written consent. At any time more than
five years after the transfer, the inmate shall be entitled to revoke
his consent and to transfer to an institution in this state. In such
cases, the transfer shall occur within the next 30 days.
(b) This section shall become operative on July 1, 2011, or at
such time as the Department of Corrections and Rehabilitation has
replaced "temporary beds," as defined in paragraph (3) of subdivision
(a) of Section 15819.34 of the Government Code, whichever is sooner.




11192. The courts, departments, agencies and officers of this State
and its subdivisions shall enforce this compact and shall do all
things appropriate to the effectuation of its purposes and intent
which may be within their respective jurisdictions including but not
limited to the making and submission of such reports as are required
by the compact.



11193. Any inmate sentenced under California law who is imprisoned
in another state, pursuant to a compact, shall be entitled to all
hearings, within 120 days of the time and under the same standards,
which are normally accorded to persons similarly sentenced who are
confined in institutions in this state. If the inmate consents in
writing, such hearings may be conducted by the corresponding agencies
or officials of such other jurisdiction. The Board of Prison Terms
or its duly authorized representative is hereby authorized and
directed to hold such hearings as may be requested by such other
jurisdiction or the inmate pursuant to this section or to Article IV
(f) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact.



11194. The Director of Corrections is hereby empowered to enter
into such contracts on behalf of this state as may be appropriate to
implement the participation of this state in the Interstate
Corrections Compact and the Western Interstate Corrections Compact
pursuant to Article III thereof. No such contract shall be of any
force or effect until approved by the Director of General Services.
Such contracts may authorize confinement of inmates in, or transfer
of inmates from, only such institutions in this state as are under
the jurisdiction of the Department of Corrections, and no such
contract may provide for transfer out of this state of any person
committed to the custody of the Director of the Youth Authority. No
such contract may authorize the confinement of an inmate, who is in
the custody of the Director of Corrections, in an institution of a
state other than a state that is a party to the Interstate
Corrections Compact or to the Western Interstate Corrections Compact.
The Director of Corrections, subject to the approval of the Board
of Prison Terms, must first determine, on the basis of an inspection
made by his direction, that such institution of another state is a
suitable place for confinement of prisoners committed to his custody
before entering into a contract permitting such confinement, and
shall, at least annually, redetermine the suitability of such
confinement. In determining the suitability of such institution of
another state, the director shall assure himself that such
institution maintains standards of care and discipline not
incompatible with those of the State of California and that all
inmates therein are treated equitably, regardless of race, religion,
color, creed or national origin.


11194.5. (a) At the request of the board of supervisors of any
county that is adjacent to another state, the county sheriff shall
negotiate with the appropriate officials of the adjacent state to
contract pursuant to the authority of Article III of a compact
executed under Section 11189 or 11190 for the confinement of county
jail prisoners in corresponding facilities located in the adjacent
state. The sheriff shall determine that the corresponding facilities
are a suitable place of confinement of prisoners submitted to his or
her custody and shall at least annually redetermine the suitability
as a precondition to any contract under this section. In determining
the suitability of the facilities of the other states, the sheriff
shall assure himself or herself that it maintains standards of care
and discipline not incompatible with those of this state and that all
inmates therein are treated equally, regardless of race, religion,
color, creed, or national origin.
(b) With the approval of the board of supervisors including
agreement as to terms for payments to be made for prisoner
maintenance and expenses, the county sheriff may enter into a
contract negotiated under subdivision (a).
(c) No prisoner may be transferred to an institution outside of
this state under this section unless he or she has executed a written
consent to the transfer.
(d) Any person who was sent to another state from a county under
the authority of this section shall be released within the territory
of the county unless the person, the sheriff of the sending county,
and the corresponding official or agency of the other state shall
agree upon release in another place. The county shall bear the cost
of transporting the person to the place of release.




11195. Every prisoner released from a prison without this state to
which he has been committed or transferred from this state pursuant
to this article shall be entitled to the same benefits, including,
but not limited to money and tools, as are allowed to a prisoner
released from a prison in this state. Any person who has been sent
to another state for confinement pursuant to this article shall be
released within the territory of this state unless the person, the
Director of Corrections of California, and the corresponding agency
or official of the other state shall agree upon release in some other
place. This state shall bear the cost of transporting the person to
the place of release.


11196. The provisions of this article shall be severable and if any
phrase, clause, sentence, or provision of this article is declared
to be unconstitutional or the applicability thereof to any state,
agency, person or circumstance is held invalid, the constitutionality
of this article and the applicability thereof to any other state,
agency, person or circumstance shall, with respect to all severable
matters, not be affected thereby. It is the legislative intent that
the provisions of this article be reasonably and liberally construed.



11197. No person sentenced under California law who is committed or
transferred to an institution outside of this state shall be
competent to testify for the prosecution in any criminal proceeding
in this state unless counsel for each defendant in such proceeding is
notified that the prosecution may call the person as a witness and
is given an opportunity to interview the person no less than 10 days
before the commencement of the proceeding or, in the event the
prosecution is not at that time considering the possibility of using
such testimony, the notice and opportunity for interview shall be
given at the earliest possible time. Nothing in this section shall
be construed to compel the prisoner to submit to such an interview.




11198. (a) Except as authorized by California statute, no city,
county, city and county, or private entity shall cause to be brought
into, housed in, confined in, or detained in this state any person
sentenced to serve a criminal commitment under the authority of any
jurisdiction outside of California.
(b) It is the intent of the Legislature that this act shall
neither prohibit nor authorize the confinement of federal prisoners
in this state.

[هيثم الفقى]

Reports of Animal Cruelty, Abuse, or Neglect

11199. (a) Any employee of a county child or adult protective
services agency, while acting in his or her professional capacity or
within the scope of his or her employment, who has knowledge of or
observes an animal whom he or she knows or reasonably suspects has
been the victim of cruelty, abuse, or neglect, may report the known
or reasonably suspected animal cruelty, abuse, or neglect to the
entity or entities that investigate reports of animal cruelty, abuse,
and neglect in that county.
(b) The report may be made within two working days of receiving
the information concerning the animal by facsimile transmission of a
written report presented in the form described in subdivision (e) or
by telephone if all of the information that is required to be
provided pursuant to subdivision (e) is furnished. In cases where an
immediate response may be necessary in order to protect the health
and safety of the animal or others, the report may be made by
telephone as soon as possible.
(c) Nothing in this section shall be construed to impose a duty to
investigate known or reasonably suspected animal cruelty, abuse, or
neglect.
(d) As used in this section, the terms "animal," "cruelty,"
"abuse," "neglect," "reasonable suspicion," and "owner" are defined
as follows:
(1) "Animal" includes every dumb creature.
(2) "Cruelty," "abuse," and "neglect" include every act, omission,
or neglect whereby unnecessary or unjustifiable physical pain or
suffering is caused or permitted.
(3) "Reasonable suspicion" means that it is objectively reasonable
for a person to entertain a suspicion, based upon facts that could
cause a reasonable person in a like position, drawing, when
appropriate, on his or her training and experience, to suspect animal
cruelty, abuse, or neglect.
(4) "Owner" means any person who is the legal owner, keeper,
harborer, possessor, or the actual custodian of an animal. "Owner"
includes corporations as well as individuals.
(e) Reports made pursuant to this section may be made on a
preprinted form prepared by the entity or entities that investigate
reports of animal cruelty, abuse, and neglect in that county that
includes the definitions contained in subdivision (d), and a space
for the reporter to include each of the following:
(1) His or her name and title.
(2) His or her business address and telephone number.
(3) The name, if known, of the animal owner or custodian.
(4) The location of the animal and the premises on which the known
or reasonably suspected animal cruelty, abuse, or neglect took
place.
(5) A description of the location of the animal and the premises.

(6) Type and numbers of animals involved.
(7) A description of the animal and its condition.
(8) The date, time, and a description of the observation or
incident which led the reporter to suspect animal cruelty, abuse, or
neglect and any other information the reporter believes may be
relevant.
(f) When two or more employees of a county child or adult
protective services agency are present and jointly have knowledge of
known or reasonably suspected animal cruelty, abuse, or neglect, and
where there is agreement among them, a report may be made by one
person by mutual agreement. Any reporter who has knowledge that the
person designated to report has failed to do so may thereafter make
the report.

[هيثم الفقى]

. PREVENTION AND ABATEMENT OF UNLAWFUL ACTIVITIES
. Unlawful Liquor Sale Abatement Law


11200. Every building or place used for the purpose of unlawfully
selling, serving or giving away any spirituous, vinous, malt or other
alcoholic liquor, and every building or place in or upon which such
liquors are unlawfully sold, served or given away, is a nuisance
which shall be enjoined, abated and prevented, whether it is a public
or private nuisance.



11201. Whenever there is reason to believe that a nuisance as
defined in this article is kept, maintained or exists in any county,
the district attorney, in the name of the people of the State of
California, shall, or the city attorney of an incorporated city, or
any citizen of the state resident within the county, in his or her
own name may, maintain an action in equity to abate and prevent the
nuisance and to perpetually enjoin the person or persons conducting
or maintaining it, and the owner, lessee or agent of the building, or
place, in or upon which the nuisance exists, from directly or
indirectly maintaining or permitting it.
The complaint in the action shall be verified unless filed by the
district attorney.



11202. Whenever the existence of a nuisance is shown in an action
brought under this article to the satisfaction of the court or judge
thereof, either by verified complaint or affidavit, and the court or
judge is satisfied that the owner of the property has received
written notice of the existence of the nuisance, signed by the
complainant or the district attorney at least two weeks prior to the
filing of the complaint, the court or judge shall allow a temporary
writ of injunction to abate and prevent the continuance or recurrence
of the nuisance. On granting such writ the court or judge shall
require an undertaking on the part of the applicant to the effect
that the applicant will pay to the party enjoined such damages, not
exceeding an amount to be specified, as the opposing party may
sustain by reason of the injunction, if the court finally decides
that the applicant was not entitled to the injunction.



11203. Actions brought under this article shall have precedence
over all other actions, excepting criminal proceedings, election
contests and hearings on injunctions. If a complaint is filed under
this article by a citizen, it shall not be dismissed by the plaintiff
or for want of prosecution except upon a sworn statement made by the
complainant and his attorney, setting forth the reasons why the
action should be dismissed, and the dismissal ordered by the court.
In case of failure to prosecute any such action with reasonable
diligence, or at the request of the plaintiff, the court, in its
discretion, may substitute any other citizen consenting thereto for
the plaintiff. If the action is brought by a citizen and the court
finds there was no reasonable ground or cause therefor, the costs
shall be taxed against such citizen.



11204. If the existence of a nuisance is established in an action
as provided in this article, an order of abatement shall be entered
as part of the judgment in the case, and plaintiff's costs in such
action are a lien upon the building and place, enforceable and
collectible by execution issued by order of the court.




11205. Any violation or disobedience of an injunction or order
expressly provided for in this article is punishable as a contempt of
court by a fine of not less than two hundred dollars ($200) nor more
than one thousand dollars ($1,000), or by imprisonment in the county
jail for not less than one nor more than six months, or by both.




11206. Whenever the owner of a building or place upon which an act
or acts constituting a contempt as defined in this article has been
committed is guilty of a contempt of court, and is fined therefor in
any proceedings under this article, the fine is a lien upon such
building and place to the extent of the interest of such person
therein, enforceable and collectible by execution issued by order of
the court.



11207. "Person," as used in this article, means individuals,
corporations, associations, partnerships, limited liability
companies, trustees, lessees, agents and assignees.

[هيثم الفقى]

Red Light Abatement Law


11225. (a) Every building or place used for the purpose of illegal
gambling as defined by state law or local ordinance, lewdness,
assignation, or prostitution, and every building or place in or upon
which acts of illegal gambling as defined by state law or local
ordinance, lewdness, assignation, or prostitution, are held or occur,
is a nuisance which shall be enjoined, abated, and prevented, and
for which damages may be recovered, whether it is a public or private
nuisance.
Nothing in this subdivision shall be construed to apply the
definition of a nuisance to a private residence where illegal
gambling is conducted on an intermittent basis and without the
purpose of producing profit for the owner or occupier of the
premises.
(b) Every building or place used as a bathhouse which as a primary
activity encourages or permits conduct that according to the
guidelines of the federal Centers for Disease Control can transmit
AIDS, including, but not limited to, anal intercourse, oral
copulation, or vaginal intercourse, is a nuisance which shall be
enjoined, abated, and prevented, and for which damages may be
recovered, whether it is a public or private nuisance.
For purposes of this subdivision, a "bathhouse" means a business
which, as its primary purpose, provides facilities for a spa,
whirlpool, communal bath, sauna, steam bath, mineral bath, mud bath,
or facilities for swimming.



11226. Whenever there is reason to believe that a nuisance as
defined in this article is kept, maintained, or is in existence in
any county, the district attorney, in the name of the people of the
State of California, or the city attorney of an incorporated city or
any city and county may, or any citizen of the state resident within
the county in his or her own name may, maintain an action in equity
to abate and prevent the nuisance and to perpetually enjoin the
person conducting or maintaining it, and the owner, lessee, or agent
of the building or place, in or upon which the nuisance exists, from
directly or indirectly maintaining or permitting it.
The complaint in the action shall be verified unless filed by the
district attorney or the city attorney.



11227. (a) Whenever the existence of a nuisance is shown in an
action brought under this article to the satisfaction of the court or
judge thereof, either by verified complaint or affidavit, the court
or judge shall allow a temporary restraining order or injunction to
abate and prevent the continuance or recurrence of the nuisance.
(b) A temporary restraining order or injunction may enjoin
subsequent owners, commercial lessees, or agents who acquire the
building or place where the nuisance exists with notice of the order
or injunction, specifying that the owner of the property subject to
the temporary restraining order or injunction shall notify any
prospective purchaser, commercial lessee, or other successor in
interest of the existence of the order or injunction, and of its
application to successors in interest, prior to entering into any
agreement to sell or lease the property. The temporary restraining
order or injunction shall not constitute a title defect, lien, or
encumbrance on the real property.


11228. Actions brought under this article have precedence over all
actions, excepting criminal proceedings, election contests and
hearings on injunctions, and in such actions evidence of the general
reputation of a place is admissible for the purpose of proving the
existence of a nuisance. If the complaint is filed by a citizen, it
shall not be dismissed by the plaintiff or for want of prosecution
except upon a sworn statement made by the complainant and his
attorney, setting forth the reasons why the action should be
dismissed, and the dismissal ordered by the court. In case of
failure to prosecute any such action with reasonable diligence, or at
the request of the plaintiff, the court, in its discretion, may
substitute any other citizen consenting thereto for the plaintiff.
If the action is brought by a citizen and the court finds there was
no reasonable ground or cause therefor, the costs shall be taxed
against such citizen.


11229. Any violation or disobedience of an injunction or order
expressly provided for by this article is punishable as a contempt of
court by a fine of not less than two hundred dollars ($200) nor more
than one thousand dollars ($1,000), by imprisonment in the county
jail for not less than one nor more than six months, or by both.




11230. (a) (1) If the existence of a nuisance is established in an
action as provided in this article, an order of abatement shall be
entered as a part of the judgment in the case, directing the removal
from the building or place of all fixtures, musical instruments and
movable property used in conducting, maintaining, aiding, or abetting
the nuisance, and directing the sale thereof in the manner provided
for the sale of chattels under execution, and the effectual closing
of the building or place against its use for any purpose, and that it
be kept closed for a period of one year, unless sooner released. If
the court finds that any vacancy resulting from closure of the
building or place may create a nuisance or that closure is otherwise
harmful to the community, in lieu of ordering the building or place
closed, the court may order the person who is responsible for the
existence of the nuisance to pay damages in an amount equal to the
fair market rental value of the building or place for one year to the
city or county in whose jurisdiction the nuisance is located. The
actual amount of rent being received for the rental of the building
or place, or the existence of any vacancy therein, may be considered,
but shall not be the sole determinant of the fair market rental
value. Expert testimony may be used to determine the fair market
rental value.
(2) While the order remains in effect as to closing, the building
or place is and shall remain in the custody of the court.
(3) For removing and selling the movable property, the officer is
entitled to charge and receive the same fees as he or she would for
levying upon and selling like property on execution.
(4) For closing the premises and keeping them closed, a reasonable
sum shall be allowed by the court.
(b) The court may assess a civil penalty not to exceed twenty-five
thousand dollars ($25,000) against any and all of the defendants,
based upon the severity of the nuisance and its duration.
(c) One-half of the civil penalties collected pursuant to this
section shall be deposited in the Restitution Fund in the State
Treasury, the proceeds of which shall be available for appropriation
by the Legislature to indemnify persons filing claims pursuant to
Article 1 (commencing with Section 13959) of Chapter 5 of Part 4 of
Division 3 of Title 2 of the Government Code, and one-half of the
civil penalties collected shall be paid to the city in which the
judgment was entered, if the action was brought by the city attorney
or city prosecutor. If the action was brought by a district
attorney, one-half of the civil penalties collected shall be paid to
the treasurer of the county in which the judgment was entered.




11231. The proceeds of the sale of the property, as provided in
Section 11230, shall be applied as follows:
1. To the fees and costs of removal and sale;
2. To the allowances and costs of closing and keeping closed the
building or place;
3. To the payment of plaintiff's costs in the action;
4. The balance, if any, shall be paid to the owner of the property
so sold.
If the proceeds of the sale do not fully discharge all such costs,
fees and allowances, the building and place shall also be sold under
execution issued upon the order of the court or judge and the
proceeds of such sale applied in like manner.



11232. If the owner of the building or place is not guilty of any
contempt of court in the proceedings, and appears and pays all costs,
fees and allowances which are a lien on the building or place and
files a bond in the full value of the property, to be ascertained by
the court, conditioned that the owner will immediately abate any
nuisance that may exist at the building or place and prevent the
nuisance from being established or kept thereat within a period of
one year thereafter, the court, or judge thereof, may, if satisfied
of the owner's good faith, order the premises closed under the order
of abatement, to be delivered to the owner, and the order of
abatement canceled so far as the order relates to the property. The
release of the property under the provisions of this section does not
release it from any judgment, lien, penalty or liability to which it
may be subject by law.



11233. Whenever the owner of a building or place upon which an act
or acts constituting a contempt as defined in this article has been
committed, is guilty of a contempt of court and fined therefor under
this article, the fine shall be a lien upon the building and place to
the extent of the interest of such person therein, enforceable and
collectible by execution issued by the order of the court.




11234. "Person" as used in this article means individuals,
corporations, associations, partnerships, limited liability
companies, trustees, lessees, agents and assignees.




11235. "Building" as used in this article means so much of any
building or structure of any kind as is or may be entered through the
same outside entrance.

[هيثم الفقى]

Control of Gambling Ships


11300. It is unlawful for any person, within this State, to
solicit, entice, induce, persuade or procure, or to aid in
soliciting, enticing, inducing, persuading or procuring any person to
visit any gambling ship, whether such gambling ship be within or
without the jurisdiction of the State.



11301. As used in this article "craft" includes every boat, ship,
vessel, craft, barge, hulk, float or other thing capable of floating.



11302. It is unlawful for any person, within this State, to
solicit, entice, induce, persuade or procure, or to aid in
soliciting, enticing, inducing, persuading or procuring any person to
visit any craft, whether such craft is within or without the
jurisdiction of the State, from which craft any person is
transported, conveyed or carried to any gambling ship, whether such
gambling ship is within or without the jurisdiction of the State.



11303. It is unlawful for any person, firm, association or
corporation to transport, convey or carry, or to aid in transporting,
conveying or carrying any person to any gambling ship, whether such
gambling ship is within or without the jurisdiction of the State.




11304. It is unlawful for any person, firm, association or
corporation to transport, convey or carry, or to aid in transporting,
conveying or carrying any person to any craft, whether such craft is
within or without the jurisdiction of the State, from which craft
any person is transported, conveyed, or carried to any gambling ship,
whether such gambling ship is within or without the jurisdiction of
the State.



11305. Any boat, ship, vessel, watercraft, barge, airplane,
seaplane or aircraft, hereinafter called "means of conveyance," used
for the purpose of transporting, conveying or carrying persons in
violation of this article is a public nuisance which shall be
enjoined, abated and prevented.



11306. Whenever there is reason to believe that a nuisance as
defined in this article is kept, maintained or exists in any county,
the district attorney, in the name of the people, shall, or any
citizen of the State resident in the county, in his own name, may,
maintain an action to abate and prevent the nuisance and perpetually
to enjoin the person or persons conducting or maintaining it, whether
as principal, agent, servant, employee or otherwise, from directly
or indirectly maintaining or permitting the nuisance.
Unless filed by the district attorney, the complaint in the action
shall be verified.
In any such action the plaintiff, at the time of issuing the
summons, or at any time afterward, may have the means of conveyance,
with its tackle, apparel and furniture, seized and kept as security
for the satisfaction of any judgment that may be entered in the
action.



11307. When any means of conveyance is seized pursuant to Section
11306, the owner thereof or any other person otherwise entitled to
possession thereof may apply to the court in which the action is
pending for leave to file bond and regain possession of the means of
conveyance during the pendency of the proceedings. The bond shall be
in an amount determined by the judge to be the actual value of the
means of conveyance at the time of its release. Upon giving said
bond conditioned upon compliance with the terms of any temporary writ
of injunction entered in the action and upon the return of the means
of conveyance to the custody of the court in the event the same is
ordered forfeited, the person on whose behalf such bond is given
shall be put in possession of said means of conveyance and may use it
until it is finally ordered delivered up and forfeited, if such be
the judgment of the court.



11308. If the existence of a nuisance as defined in this article is
shown in any action brought under this article to the satisfaction
of the court or judge, either by verified complaint or affidavit, the
court or judge shall allow a temporary writ of injunction to abate
and prevent the continuance or recurrence of the nuisance. On
granting the temporary writ the court or judge shall require an
undertaking on the part of the applicant to the effect that the
applicant will pay to the defendant enjoined such damages, not
exceeding an amount to be specified, as the defendant sustains by
reason of the injunction if the court finally decides that the
applicant was not entitled to it.



11309. Actions brought under this article shall have precedence
over all other actions, except criminal proceedings, election
contests and hearings on injunctions.
If the complaint is filed by a citizen it shall not be dismissed
by him or for want of prosecution except upon a sworn statement made
by him and his attorney, setting forth the reasons why the action
should be dismissed, and by dismissal ordered by the court.
In case of failure to prosecute the action with reasonable
diligence, or at the request of the plaintiff, the court, in its
discretion, may substitute any other citizen consenting thereto for
the plaintiff.
If the action is brought by a citizen and the court finds there
was no reasonable ground or cause therefor, the costs shall be taxed
against him.


11310. If the existence of a nuisance as defined in this article is
established in an action brought thereunder, an order of abatement
shall be entered as part of the judgment in the case, and plaintiff's
costs in the action are a lien upon the means of conveyance, and
upon its tackle, apparel and furniture. The lien is enforceable and
collectible by execution issued by order of the court.



11311. A violation or disobedience of an injunction or order for
abatement provided for in this article is punishable as a contempt of
court by a fine of not less than two hundred dollars ($200) or more
than one thousand dollars ($1,000), or by imprisonment in the county
jail for not less than one nor more than six months, or by both.




11312. If the existence of a nuisance as defined in this article is
established in an action brought thereunder, an order of abatement
shall be entered as a part of the judgment, which order shall direct
the seizure and forfeiture of the means of conveyance with its
tackle, apparel and furniture, and the sale thereof in the manner
provided for the sale of like chattels under execution.
While the order of abatement remains in effect, the means of
conveyance is in the custody of the court.
For seizing and selling the means of conveyance, the officer is
entitled to charge and receive the same fees as he would for levying
upon and selling like property on execution.



11313. The proceeds of the sale of the means of conveyance shall be
applied as follows:
First--To the fees and costs of the seizure and sale.
Second--To the payment of the plaintiff's costs in the action.
Third--The balance, if any, shall be paid into the State Treasury
to the credit of the General Fund.



11314. If the owner of the means of conveyance has not been guilty
of any contempt of court in a proceeding brought under this article,
and appears and pays all costs, fees, and allowances that are a lien
on the means of conveyance and files a bond in the full value of the
means of conveyance, to be ascertained by the court, conditioned that
the owner will immediately abate the nuisance and prevent it from
being established or resumed within a period of one year thereafter,
the court or judge may, if satisfied of the owner's good faith, order
the means of conveyance to be delivered to the owner, and the order
of abatement canceled so far as it may relate thereto. The release
of such means of conveyance under the provisions of this section does
not release it from any judgment, lien, penalty, or liability to
which it may be subject.



11315. Whenever the owner of the means of conveyance, or the owner
of any interest therein, has been guilty of a contempt of court, and
fined in any proceeding under this article, the fine is a lien upon
the property to the extent of his interest in it. The lien is
enforceable and collectible by execution issued by order of the
court.



11316. Any person, firm, association or corporation, either as
principal, agent, servant, employee or otherwise, who violates any of
the provisions of this article is guilty of a misdemeanor.



11317. The term "gambling ship" as used in this article means any
boat, ship, vessel, watercraft or barge kept, operated or maintained
for the purpose of gambling, whether within or without the
jurisdiction of the State, and whether it is anchored, lying to, or
navigating.



11318. If any section, subsection, paragraph, sentence or clause of
this article is for any reason held to be invalid, the Legislature
hereby declares that had it known of the invalidity of that portion
at the time of this enactment, it would have passed the remainder of
the article without the invalid portion and that it is the intention
of the Legislature that the remainder of the article operate in the
event of the invalidity of any portion thereof.



11319. It is unlawful for any person to do any of the following:
(a) Violate any provision of Chapter 9 (commencing with Section
319), Chapter 10 (commencing with Section 330), or Chapter 10.5
(commencing with Section 337.1) of Title 9 of Part 1 on a craft that
embarks from any point within the state, and disembarks at the same
or another point within the state, during which time the person
intentionally causes or knowingly permits gambling activity to be
conducted, whether within or without the waters of the state.
(b) Manage, supervise, control, operate, or own any craft that
embarks from any point within the state, and disembarks at the same
or another point within the state, during which time the person
intentionally causes or knowingly permits gambling activity which
would violate any provision of Chapter 9 (commencing with Section
319), Chapter 10 (commencing with Section 330), or Chapter 10.5
(commencing with Section 337.1) of Title 9 of Part 1 to be conducted,
whether within or without the waters of the state.
(c) This section shall not apply to gambling activity conducted on
United States-flagged or foreign-flagged craft during travel from a
foreign nation or another state or possession of the United States up
to the point of first entry into California waters or during travel
to a foreign nation or another state or possession of the United
States from the point of departure from California waters, provided
that nothing herein shall preclude prosecution for any other offense
under this article.

[هيثم الفقى]

Terrorizing


11410. (a) The Legislature finds and declares that it is the right
of every person regardless of actual or perceived disability, gender,
nationality, race or ethnicity, religion, ***ual orientation, or
association with a person or group of these actual or perceived
characteristics, to be secure and protected from fear, intimidation,
and physical harm caused by the activities of violent groups and
individuals. It is not the intent of this chapter to interfere with
the exercise of rights protected by the Constitution of the United
States. The Legislature recognizes the constitutional right of every
citizen to harbor and express beliefs on any subject whatsoever and
to associate with others who share similar beliefs. The Legislature
further finds however, that the advocacy of unlawful violent acts by
groups against other persons or groups under circumstances where
death or great bodily injury is likely to result is not
constitutionally protected, poses a threat to public order and safety
and should be subject to criminal and civil sanctions.
(b) For purposes of this section, the terms "disability," "gender,"
"nationality," "race or ethnicity," "religion," "***ual orientation,"
and "association with a person or group with these actual or
perceived characteristics" have the same meaning as in Section 422.55
and 422.56.


11411. (a) Any person who places or displays a sign, mark, symbol,
emblem, or other physical impression, including, but not limited to,
a Nazi swastika on the private property of another, without
authorization, for the purpose of terrorizing the owner or occupant
of that private property or in reckless disregard of the risk of
terrorizing the owner or occupant of that private property shall be
punished by imprisonment in the county jail not to exceed one year,
by a fine not to exceed five thousand dollars ($5,000), or by both
the fine and imprisonment for the first conviction and by
imprisonment in the county jail not to exceed one year, by a fine not
to exceed fifteen thousand dollars ($15,000), or by both the fine
and imprisonment for any subsequent conviction.
(b) Any person who engages in a pattern of conduct for the purpose
of terrorizing the owner or occupant of private property or in
reckless disregard of terrorizing the owner or occupant of that
private property, by placing or displaying a sign, mark, symbol,
emblem, or other physical impression, including, but not limited to,
a Nazi swastika, on the private property of another on two or more
occasions, shall be punished by imprisonment in the state prison for
16 months or 2 or 3 years, by a fine not to exceed ten thousand
dollars ($10,000), or by both the fine and imprisonment, or by
imprisonment in a county jail not to exceed one year, by a fine not
to exceed five thousand dollars ($5,000), or by both the fine and
imprisonment. A violation of this subdivision shall not constitute
felonious conduct for purposes of Section 186.22.
(c) Any person who burns or desecrates a cross or other religious
symbol, knowing it to be a religious symbol, on the private property
of another without authorization for the purpose of terrorizing the
owner or occupant of that private property or in reckless disregard
of the risk of terrorizing the owner or occupant of that private
property, or who burns, desecrates, or destroys a cross or other
religious symbol, knowing it to be a religious symbol, on the
property of a primary school, junior high school, or high school for
the purpose of terrorizing any person who attends or works at the
school or who is otherwise associated with the school, shall be
punished by imprisonment in the state prison for 16 months or 2 or 3
years, by a fine of not more than ten thousand dollars ($10,000), or
by both the fine and imprisonment, or by imprisonment in a county
jail not to exceed one year, by a fine not to exceed five thousand
dollars ($5,000), or by both the fine and imprisonment for the first
conviction and by imprisonment in the state prison for 16 months or 2
or 3 years, by a fine of not more than ten thousand dollars
($10,000), or by both the fine and imprisonment, or by imprisonment
in a county jail not to exceed one year, by a fine not to exceed
fifteen thousand dollars ($15,000), or by both the fine and
imprisonment for any subsequent conviction.
(d) As used in this section, "terrorize" means to cause a person
of ordinary emotions and sensibilities to fear for personal safety.
(e) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.



11412. Any person who, with intent to cause, attempts to cause or
causes another to refrain from exercising his or her religion or from
engaging in a religious service by means of a threat, directly
communicated to such person, to inflict an unlawful injury upon any
person or property, and it reasonably appears to the recipient of the
threat that such threat could be carried out is guilty of a felony.




11413. (a) Any person who explodes, ignites, or attempts to explode
or ignite any destructive device or any explosive, or who commits
arson, in or about any of the places listed in subdivision (b), for
the purpose of terrorizing another or in reckless disregard of
terrorizing another is guilty of a felony, and shall be punished by
imprisonment in the state prison for three, five, or seven years, and
a fine not exceeding ten thousand dollars ($10,000).
(b) Subdivision (a) applies to the following places:
(1) Any health facility licensed under Chapter 2 (commencing with
Section 1250) of Division 2 of the Health and Safety Code, or any
place where medical care is provided by a licensed health care
professional.
(2) Any church, temple, synagogue, mosque, or other place of
worship.
(3) The buildings, offices, and meeting sites of organizations
that counsel for or against abortion or among whose major activities
are lobbying, publicizing, or organizing with respect to public or
private issues relating to abortion.
(4) Any place at which a lecture, film-showing, or other private
meeting or presentation that educates or propagates with respect to
abortion practices or policies, whether on private property or at a
meeting site authorized for specific use by a private group on public
property, is taking place.
(5) Any bookstore or public or private library.
(6) Any building or facility designated as a courthouse.
(7) The home or office of a judicial officer.
(8) Any building or facility regularly occupied by county
probation department personnel in which the employees perform
official duties of the probation department.
(9) Any private property, if the property was targeted in whole or
in part because of any of the actual or perceived characteristics of
the owner or occupant of the property listed in subdivision (a) of
Section 422.55.
(10) Any public or private school providing instruction in
kindergarten or grades 1 to 12, inclusive.
(c) As used in this section, "judicial officer" means a
magistrate, judge, justice, commissioner, referee, or any person
appointed by a court to serve in one of these capacities, of any
state or federal court located in this state.
(d) As used in this section, "terrorizing" means to cause a person
of ordinary emotions and sensibilities to fear for personal safety.

(e) Nothing in this section shall be construed to prohibit the
prosecution of any person pursuant to Section 12303.3 or any other
provision of law in lieu of prosecution pursuant to this section.



11414. (a) Any person who intentionally harasses the child or ward
of any other person because of that person's employment, is guilty of
a misdemeanor.
(b) For purposes of this section, the following definitions shall
apply:
(1) "Child" and "ward" mean a person under the age of 16 years.
(2) "Harasses" means knowing and willful conduct directed at a
specific child that seriously alarms, annoys, torments, or terrorizes
the child, and that serves no legitimate purpose. The conduct must
be such as would cause a reasonable child to suffer substantial
emotional distress, and actually cause the victim to suffer
substantial emotional distress.
(c) A second conviction under this section shall be punished by
imprisonment in a county jail for not less than five days. A third
or subsequent conviction under this section shall be punished by
imprisonment in a county jail for not less than 30 days.

[هيثم الفقى]

The Hertzberg-Alarcon California Prevention of
Terrorism Act


11415. This article shall be known and may be cited as the
Hertzberg-Alarcon California Prevention of Terrorism Act.



11416. The Legislature hereby finds and declares that the threat of
terrorism involving weapons of mass destruction, including, but not
limited to, chemical, biological, nuclear, or radiological agents, is
a significant public safety concern. The Legislature also
recognizes that terrorism involving weapons of mass destruction could
result in an intentional disaster placing residents of California in
great peril. The Legislature also finds it necessary to sanction
the possession, manufacture, use, or threatened use of chemical,
biological, nuclear, or radiological weapons, as well as the
intentional use or threatened use of industrial or commercial
chemicals as weapons against persons or animals.



11417. (a) For the purposes of this article, the following terms
have the following meanings:
(1) "Weapon of mass destruction" includes chemical warfare agents,
weaponized biological or biologic warfare agents, restricted
biological agents, nuclear agents, radiological agents, or the
intentional release of industrial agents as a weapon, or an aircraft,
vessel, or vehicle, as described in Section 34500 of the Vehicle
Code, which is used as a destructive weapon.
(2) "Chemical Warfare Agents" includes, but is not limited to, the
following weaponized agents, or any analog of these agents:
(A) Nerve agents, including Tabun (GA), Sarin (GB), Soman (GD),
GF, and VX.
(B) Choking agents, including Phosgene (CG) and Diphosgene (DP).
(C) Blood agents, including Hydrogen Cyanide (AC), Cyanogen
Chloride (CK), and Arsine (SA).
(D) Blister agents, including mustards (H, HD (sulfur mustard),
HN-1, HN-2, HN-3 (nitrogen mustard)), arsenicals, such as Lewisite
(L), urticants, such as CX; and incapacitating agents, such as BZ.
(3) "Weaponized biological or biologic warfare agents" include
weaponized pathogens, such as bacteria, viruses, rickettsia, yeasts,
fungi, or genetically engineered pathogens, toxins, vectors, and
endogenous biological regulators (EBRs).
(4) "Nuclear or radiological agents" includes any improvised
nuclear device (IND) which is any explosive device designed to cause
a nuclear yield; any radiological dispersal device (RDD) which is any
explosive device utilized to spread radioactive material; or a
simple radiological dispersal device (SRDD) which is any act or
container designed to release radiological material as a weapon
without an explosion.
(5) "Vector" means a living organism or a molecule, including a
recombinant molecule, or a biological product that may be engineered
as a result of biotechnology, that is capable of carrying a
biological agent or toxin to a host.
(6) "Weaponization" is the deliberate processing, preparation,
packaging, or synthesis of any substance for use as a weapon or
munition. "Weaponized agents" are those agents or substances
prepared for dissemination through any explosive, thermal, pneumatic,
or mechanical means.
(7) For purposes of this section, "used as a destructive weapon"
means to use with the intent of causing widespread great bodily
injury or death by causing a fire or explosion or the release of a
chemical, biological, or radioactive agent.
(b) The intentional release of a dangerous chemical or hazardous
material generally utilized in an industrial or commercial process
shall be considered use of a weapon of mass destruction when a person
knowingly utilizes those agents with the intent to cause harm and
the use places persons or animals at risk of serious injury, illness,
or death, or endangers the environment.
(c) The lawful use of chemicals for legitimate mineral extraction,
industrial, agricultural, or commercial purposes is not proscribed
by this article.
(d) No university, research institution, private company,
individual, or hospital engaged in scientific or public health
research and, as required, registered with the Centers for Disease
Control and Prevention (CDC) pursuant to Part 113 (commencing with
Section 113.1) of Subchapter E of Chapter 1 of Title 9 or pursuant to
Part 72 (commencing with Section 72.1) of Subchapter E of Chapter 1
of Title 42 of the Code of Federal Regulations, or any successor
provisions, shall be subject to this article.



11418. (a) (1) Any person, without lawful authority, who possesses,
develops, manufactures, produces, transfers, acquires, or retains
any weapon of mass destruction, shall be punished by imprisonment in
the state prison for 4, 8, or 12 years.
(2) Any person who commits a violation of paragraph (1) and who
has been previously convicted of Section 11411, 11412, 11413, 11418,
11418.1, 11418.5, 11419, 11460, 12303.1, 12303.2, or 12303.3 shall be
punished by imprisonment in the state prison for 5, 10, or 15 years.

(b) (1) Any person who uses or directly employs against another
person a weapon of mass destruction in a form that may cause
widespread, disabling illness or injury in human beings shall be
punished by imprisonment in the state prison for life.
(2) Any person who uses or directly employs against another person
a weapon of mass destruction in a form that may cause widespread
great bodily injury or death and causes the death of any human being
shall be punished by imprisonment in the state prison for life
without the possibility of parole. Nothing in this paragraph shall
prevent punishment instead under Section 190.2.
(3) Any person who uses a weapon of mass destruction in a form
that may cause widespread damage to or disruption of the food supply
or "source of drinking water" as defined in subdivision (d) of
Section 25249.11 of the Health and Safety Code shall be punished by
imprisonment in the state prison for 5, 8, or 12 years and by a fine
of not more than one hundred thousand dollars ($100,000).
(4) Any person who maliciously uses against animals, crops, or
seed and seed stock, a weapon of mass destruction in a form that may
cause widespread damage to or substantial diminution in the value of
stock animals or crops, including seeds used for crops or product of
the crops, shall be punished by imprisonment in the state prison for
4, 8, or 12 years and by a fine of not more than one hundred thousand
dollars ($100,000).
(c) Any person who uses a weapon of mass destruction in a form
that may cause widespread and significant damage to public natural
resources, including coastal waterways and beaches, public parkland,
surface waters, ground water, and wildlife, shall be punished by
imprisonment in the state prison for 3, 4, or 6 years.
(d) (1) Any person who uses recombinant technology or any other
biological advance to create new pathogens or more virulent forms of
existing pathogens for use in any crime described in subdivision (b)
shall be punished by imprisonment in the state prison for 4, 8, or 12
years and by a fine of not more than two hundred fifty thousand
dollars ($250,000).
(2) Any person who uses recombinant technology or any other
biological advance to create new pathogens or more virulent forms of
existing pathogens for use in any crime described in subdivision (c)
shall be punished by imprisonment in the state prison for three, six,
or nine years and by a fine of not more than two hundred fifty
thousand dollars ($250,000).
(e) Nothing in this section shall be construed to prevent
punishment instead pursuant to any other provision of law that
imposes a greater or more severe punishment.




11418.1. Any person who gives, mails, sends, or causes to be sent
any false or facsimile of a weapon of mass destruction to another
person, or places, causes to be placed, or possesses any false or
facsimile of a weapon of mass destruction, with the intent to cause
another person to fear for his or her own safety, or for the personal
safety of others, is guilty of a misdemeanor. If the person's
conduct causes another person to be placed in sustained fear, the
person shall be punished by imprisonment in a county jail for not
more than one year or in the state prison for 16 months, or two or
three years and by a fine of not more than two hundred fifty thousand
dollars ($250,000). For purposes of this section, "sustained fear"
has the same meaning as in Section 11418.5.



11418.5. (a) Any person who knowingly threatens to use a weapon of
mass destruction, with the specific intent that the statement as
defined in Section 225 of the Evidence Code or a statement made by
means of an electronic communication device, is to be taken as a
threat, even if there is no intent of actually carrying it out,
which, on its face and under the circumstances in which it is made,
is so unequivocal, immediate, and specific as to convey to the person
threatened, a gravity of purpose and an immediate prospect of
execution of the threat, and thereby causes that person reasonably to
be in sustained fear for his or her own safety, or for his or her
immediate family's safety shall be punished by imprisonment in a
county jail for up to one year or in the state prison for 3, 4, or 6
years, and by a fine of not more than two hundred fifty thousand
dollars ($250,000).
(b) For the purposes of this section, "sustained fear" can be
established by, but is not limited to, conduct such as evacuation of
any building by any occupant, evacuation of any school by any
employee or student, evacuation of any home by any resident or
occupant, any isolation, quarantine, or decontamination effort.
(c) The fact that the person who allegedly violated this section
did not actually possess a biological agent, toxin, or chemical
weapon does not constitute a defense to the crime specified in this
section.
(d) Nothing in this section shall be construed to prevent
punishment instead pursuant to any other provision of law that
imposes a greater or more severe punishment.



11419. (a) Any person or entity possessing any of the restricted
biological agents enumerated in subdivision (b) shall be punished by
imprisonment in the state prison for 4, 8, or 12 years, and by a fine
of not more than two hundred fifty thousand dollars ($250,000).
(b) For the purposes of this section, "restricted biological
agents" means the following:
(1) Viruses: Crimean-Congo hemorrhagic fever virus, eastern
equine encephalitis virus, ebola viruses, equine morbilli virus,
lassa fever virus, marburg virus, Rift Valley fever virus, South
African hemorrhagic fever viruses (Junin, Machupo, Sabia, Flexal,
Guanarito), tick-borne encephalitis complex viruses, variola major
virus (smallpox virus), Venezuelan equine encephalitis virus, viruses
causing hantavirus pulmonary syndrome, yellow fever virus.
(2) Bacteria: bacillus anthracis (commonly known as anthrax),
brucella abortus, brucella melitensis, brucella suis, burkholderia
(pseudomonas) mallei, burkholderia (pseudomonas) pseudomallei,
clostridium botulinum, francisella tularensis, yersinia pestis
(commonly known as plague).
(3) Rickettsiae: coxiella burnetii, rickettsia prowazekii,
rickettsia rickettsii.
(4) Fungi: coccidioides immitis.
(5) Toxins: abrin, aflatoxins, botulinum toxins, clostridium
perfringens epsilon toxin, conotoxins, diacetoxyscirpenol, ricin,
saxitoxin, shigatoxin, staphylococcal enterotoxins, tabtoxin,
tetrodotoxin, T-2 toxin.
(6) Any other microorganism, virus, infectious substance, or
biological product that has the same characteristics as, or is
substantially similar to, the substances prohibited in this section.

(c) (1) This section shall not apply to any physician,
veterinarian, pharmacist, or licensed medical practitioner authorized
to dispense a prescription under Section 11026 of the Health and
Safety Code, or universities, research institutions, or
pharmaceutical corporations, or any person possessing the agents
pursuant to a lawful prescription issued by a person defined in
Section 11026 of the Health and Safety Code, if the person possesses
vaccine strains of the viral agents Junin virus strain #1, Rift
Valley fever virus strain MP-12, Venezuelan equine encephalitis virus
strain TC-83 and yellow fever virus strain 17-D; any vaccine strain
described in Section 78.1 of Subpart A of Part 78 of Subchapter C of
Chapter 1 of Title 9 of the Code of Federal Regulations, or any
successor provisions, and any toxin for medical use, inactivated for
use as vaccines, or toxin preparation for biomedical research use at
a median lethal dose for vertebrates of more than 100 ng/kg, as well
as any national standard toxin required for biologic potency testing
as described in Part 113 (commencing with Section 113.1) of
Subchapter E of Chapter 1 of Title 9 of the Code of Federal
Regulations, or any successor provisions.
(2) For the purposes of this section, no person shall be deemed to
be in possession of an agent if the person is naturally exposed to,
or innocently infected or contaminated with, the agent.
(d) Any peace officer who encounters any of the restricted agents
mentioned above shall immediately notify and consult with a local
public health officer to ensure proper consideration of any public
health risk.
(e) Nothing in this section shall be construed to prevent
punishment instead pursuant to any other provision of law that
imposes a greater or more severe punishment.

[هيثم الفقى]

Paramilitary Organizations

11460. (a) Any two or more persons who assemble as a paramilitary
organization for the purpose of practicing with weapons shall be
punished 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.
As used in this subdivision, "paramilitary organization" means an
organization which is not an agency of the United States government
or of the State of California, or which is not a private school
meeting the requirements set forth in Section 48222 of the Education
Code, but which engages in instruction or training in guerrilla
warfare or sabotage, or which, as an organization, engages in rioting
or the violent disruption of, or the violent interference with,
school activities.
(b) (1) Any person who teaches or demonstrates to any other person
the use, application, or making of any firearm, explosive, or
destructive device, or technique capable of causing injury or death
to persons, knowing or having reason to know or intending that these
objects or techniques will be unlawfully employed for use in, or in
the furtherance of a civil disorder, or any person who assembles with
one or more other persons for the purpose of training with,
practicing with, or being instructed in the use of any firearm,
explosive, or destructive device, or technique capable of causing
injury or death to persons, with the intent to cause or further a
civil disorder, shall be punished by imprisonment in the 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.
Nothing in this subdivision shall make unlawful any act of any
peace officer or a member of the military forces of this state or of
the United States, performed in the lawful course of his or her
official duties.
(2) As used in this section:
(A) "Civil disorder" means any disturbance involving acts of
violence which cause an immediate danger of or results in damage or
injury to the property or person of any other individual.
(B) "Destructive device" has the same meaning as in Section 12301.

(C) "Explosive" has the same meaning as in Section 12000 of the
Health and Safety Code.
(D) "Firearm" means any device designed to be used as a weapon, or
which may readily be converted to a weapon, from which is expelled a
projectile by the force of any explosion or other form of
combustion, or the frame or receiver of this weapon.
(E) "Peace officer" means any peace officer or other officer
having the powers of arrest of a peace officer, specified in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2.

[هيثم الفقى]

STATEWIDE PROGRAMS OF EDUCATION, TRAINING, AND
RESEARCH FOR LOCAL PUBLIC PROSECUTORS AND PUBLIC
DEFENDERS


11500. The purpose of this title is to improve the administration
of criminal justice by providing funding for statewide programs of
education, training, and research for local public prosecutors and
public defenders.


11501. (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820, a
program of financial assistance to provide for statewide programs of
education, training, and research for local public prosecutors and
public defenders. All funds made available to the agency or agencies
designated by the Director of Finance pursuant to Section 13820 for
the purposes of this chapter shall be administered and distributed by
the executive director of the office.
(b) The Executive Director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820 is authorized to
allocate and award funds to public agencies or private nonprofit
organizations for purposes of establishing statewide programs of
education, training, and research for public prosecutors and public
defenders, which programs meet criteria established pursuant to
Section 11502.
(c) Annually, the executive director shall submit a report to the
Legislature describing the operation and accomplishments of the
statewide programs authorized by this title.



11502. (a) Criteria for selection of education, training, and
research programs for local public prosecutors and public defenders
shall be developed by the agency or agencies designated by the
Director of Finance pursuant to Section 13820 in consultation with an
advisory group entitled the Prosecutors and Public Defenders
Education and Training Advisory Committee.
(b) The Prosecutors and Public Defenders Education and Training
Advisory Committee shall be composed of six local public prosecutors
and six local public defender representatives, all of whom are
appointed by the executive director of the agency or agencies
designated by the Director of Finance pursuant to Section 13820, who
shall provide staff services to the advisory committee. In
appointing the members of the committee, the executive director shall
invite the Attorney General, the State Public Defender, the Speaker
of the Assembly, and the Senate President pro Tempore to participate
as ex officio members of the committee.
(c) The agency or agencies designated by the Director of Finance
pursuant to Section 13820, in consultation with the advisory
committee, shall develop specific guidelines including criteria for
selection of organizations to provide education, training, and
research services.
(d) In determining the equitable allocation of funds between
prosecution and defense functions, the agency or agencies designated
by the Director of Finance pursuant to Section 13820 and the advisory
committee shall give consideration to the amount of local government
expenditures on a statewide basis for the support of those
functions.
(e) The administration of the overall program shall be performed
by the agency or agencies designated by the Director of Finance
pursuant to Section 13820. The agency or agencies so designated may,
out of any appropriation for this program, expend an amount not to
exceed 7.5 percent for any fiscal year for those purposes.
(f) No funds appropriated pursuant to this title shall be used to
support a legislative advocate.
(g) To the extent necessary to meet the requirements of the State
Bar of California relating to certification of training for legal
specialists, the executive director shall ensure that, where
appropriate, all programs funded under this title are open to all
members of the State Bar of California. The program guidelines
established pursuant to subdivision (c) shall provide for the
reimbursement of costs for all participants deemed eligible by the
agency or agencies designated by the Director of Finance pursuant to
Section 13820, in conjunction with the Legal Training Advisory
Committee, by means of course attendance.



11503. There is hereby created in the State Treasury the Local
Public Prosecutors and Public Defenders Training Fund for the support
of the Prosecutors and Public Defenders Education and Training
Program, established pursuant to this title.




11504. To the extent funds are appropriated from the Assessment
Fund to the Local Public Prosecutors and Public Defenders Training
Fund established pursuant to Section 11503, the agency or agencies
designated by the Director of Finance pursuant to Section 13820 shall
allocate financial resources for statewide programs of education,
training, and research for local public prosecutors and public
defenders.

[هيثم الفقى]

CONTROL OF DEADLY WEAPONS
FIREARMS
General Provisions


12000. This chapter shall be known and may be cited as "The
Dangerous Weapons Control Law."



12001. (a) (1) As used in this title, the terms "pistol,"
"revolver," and "firearm capable of being concealed upon the person"
shall apply to and include any device designed to be used as a
weapon, from which is expelled a projectile by the force of any
explosion, or other form of combustion, and that has a barrel less
than 16 inches in length. These terms also include any device that
has a barrel 16 inches or more in length which is designed to be
interchanged with a barrel less than 16 inches in length.
(2) As used in this title, the term "handgun" means any "pistol,"
"revolver," or "firearm capable of being concealed upon the person."
(b) As used in this title, "firearm" means any device, designed to
be used as a weapon, from which is expelled through a barrel, a
projectile by the force of any explosion or other form of combustion.

(c) As used in Sections 12021, 12021.1, 12070, 12071, 12072,
12073, 12078, 12101, and 12801 of this code, and Sections 8100, 8101,
and 8103 of the Welfare and Institutions Code, the term "firearm"
includes the frame or receiver of the weapon.
(d) For the purposes of Sections 12025 and 12031, the term
"firearm" also shall include any rocket, rocket propelled projectile
launcher, or similar device containing any explosive or incendiary
material whether or not the device is designed for emergency or
distress signaling purposes.
(e) For purposes of Sections 12070, 12071, and paragraph (8) of
subdivision (a), and subdivisions (b), (c), (d), and (f) of Section
12072, the term "firearm" does not include an unloaded firearm that
is defined as an "antique firearm" in Section 921(a)(16) of Title 18
of the United States Code.
(f) Nothing shall prevent a device defined as a "handgun,"
"pistol," "revolver," or "firearm capable of being concealed upon the
person" from also being found to be a short-barreled shotgun or a
short-barreled rifle, as defined in Section 12020.
(g) For purposes of Sections 12551 and 12552, the term "BB device"
means any instrument that expels a projectile, such as a BB or a
pellet, not exceeding 6mm caliber, through the force of air pressure,
gas pressure, or spring action, or any spot marker gun.
(h) As used in this title, "wholesaler" means any person who is
licensed as a dealer pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations issued
pursuant thereto who sells, transfers, or assigns firearms, or parts
of firearms, to persons who are licensed as manufacturers,
importers, or gunsmiths pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code, or persons
licensed pursuant to Section 12071, and includes persons who receive
finished parts of firearms and assemble them into completed or
partially completed firearms in furtherance of that purpose.
"Wholesaler" shall not include a manufacturer, importer, or
gunsmith who is licensed to engage in those activities pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code or a person licensed pursuant to Section 12071 and the
regulations issued pursuant thereto. A wholesaler also does not
include those persons dealing exclusively in grips, stocks, and other
parts of firearms that are not frames or receivers thereof.
(i) As used in Section 12071 or 12072, "application to purchase"
means any of the following:
(1) The initial completion of the register by the purchaser,
transferee, or person being loaned the firearm as required by
subdivision (b) of Section 12076.
(2) The initial completion and transmission to the department of
the record of electronic or telephonic transfer by the dealer on the
purchaser, transferee, or person being loaned the firearm as required
by subdivision (c) of Section 12076.
(j) For purposes of Section 12023, a firearm shall be deemed to be
"loaded" whenever both the firearm and the unexpended ammunition
capable of being discharged from the firearm are in the immediate
possession of the same person.
(k) For purposes of Sections 12021, 12021.1, 12025, 12070, 12072,
12073, 12078, 12101, and 12801 of this code, and Sections 8100, 8101,
and 8103 of the Welfare and Institutions Code, notwithstanding the
fact that the term "any firearm" may be used in those sections, each
firearm or the frame or receiver of the same shall constitute a
distinct and separate offense under those sections.
(l) For purposes of Section 12020, a violation of that section as
to each firearm, weapon, or device enumerated therein shall
constitute a distinct and separate offense.
(m) Each application that requires any firearms eligibility
determination involving the issuance of any license, permit, or
certificate pursuant to this title shall include two copies of the
applicant's fingerprints on forms prescribed by the Department of
Justice. One copy of the fingerprints may be submitted to the United
States Federal Bureau of Investigation.
(n) As used in this chapter, a "personal handgun importer" means
an individual who meets all of the following criteria:
(1) He or she is not a person licensed pursuant to Section 12071.

(2) He or she is not a licensed manufacturer of firearms pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code.
(3) He or she is not a licensed importer of firearms pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
(4) He or she is the owner of a handgun.
(5) He or she acquired that handgun outside of California.
(6) He or she moves into this state on or after January 1, 1998,
as a resident of this state.
(7) He or she intends to possess that handgun within this state on
or after January 1, 1998.
(8) The handgun was not delivered to him or her by a person
licensed pursuant to Section 12071 who delivered that firearm
following the procedures set forth in Section 12071 and subdivision
(c) of Section 12072.
(9) He or she, while a resident of this state, had not previously
reported his or her ownership of that handgun to the Department of
Justice in a manner prescribed by the department that included
information concerning him or her and a description of the firearm.
(10) The handgun is not a firearm that is prohibited by
subdivision (a) of Section 12020.
(11) The handgun is not an assault weapon, as defined in Section
12276 or 12276.1.
(12) The handgun is not a machinegun, as defined in Section 12200.

(13) The person is 18 years of age or older.
(o) For purposes of paragraph (6) of subdivision (n):
(1) Except as provided in paragraph (2), residency shall be
determined in the same manner as is the case for establishing
residency pursuant to Section 12505 of the Vehicle Code.
(2) In the case of members of the Armed Forces of the United
States, residency shall be deemed to be established when he or she
was discharged from active service in this state.
(p) As used in this code, "basic firearms safety certificate"
means a certificate issued by the Department of Justice pursuant to
Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of
Part 4, prior to January 1, 2003.
(q) As used in this code, "handgun safety certificate" means a
certificate issued by the Department of Justice pursuant to Article 8
(commencing with Section 12800) of Chapter 6 of Title 2 of Part 4,
as that article is operative on or after January 1, 2003.
(r) As used in this title, "gunsmith" means any person who is
licensed as a dealer pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations issued
pursuant thereto, who is engaged primarily in the business of
repairing firearms, or making or fitting special barrels, stocks, or
trigger mechanisms to firearms, or the agent or employee of that
person.
(s) As used in this title, "consultant-evaluator" means a
consultant or evaluator who, in the course of his or her profession
is loaned firearms from a person licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto, for his or her research
or evaluation, and has a current certificate of eligibility issued to
him or her pursuant to Section 12071.



12001.1. (a) Any person in this state who commercially manufactures
or causes to be commercially manufactured, or who knowingly imports
into the state for commercial sale, or who knowingly exports out of
this state for commercial, dealer, wholesaler, or distributor sale,
or who keeps for commercial sale, or offers or exposes for
commercial, dealer, wholesaler, or distributor sale, any undetectable
knife is guilty of a misdemeanor. As used in this section, an
"undetectable knife" means any 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 that is commercially
manufactured to be used as a weapon and is not detectable by a metal
detector or magnetometer, either handheld or otherwise, that is set
at standard calibration.
(b) Notwithstanding any other provision of law, commencing January
1, 2000, all knives 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 that are commercially manufactured in
this state that utilize materials that are not detectable by a metal
detector or magnetometer, shall be manufactured to include materials
that will ensure they are detectable by a metal detector or
magnetometer, either handheld or otherwise, that is set at standard
calibration.
(c) This section shall not apply to the manufacture or importation
of undetectable knives for sale to a law enforcement or military
entity with a valid agency, department, or unit purchase order, nor
shall this section apply to the subsequent sale of these knives to a
law enforcement or military entity.
(d) This section shall not apply to the manufacture or importation
of undetectable knives for sale to federal, state, and local
historical societies, museums, and institutional collections which
are open to the public, provided that the undetectable knives are
properly housed and secured from unauthorized handling, nor shall
this section apply to the subsequent sale of the knives to these
societies, museums, and collections.



12001.5. Except as expressly provided in Section 12020, and solely
in accordance with Section 12020, no person may manufacture, import
into this state, keep for sale, offer for sale, give, lend, or
possess any short-barreled shotgun or short-barreled rifle, as
defined in Section 12020, and nothing else in this chapter shall be
construed as authorizing the manufacture, importation into the state,
keeping for sale, offering for sale, or giving, lending, or
possession of any short-barreled shotgun or short-barreled rifle, as
defined in Section 12020.


12001.6. As used in this chapter, an offense which involves the
violent use of a firearm includes any of the following:
(a) A violation of paragraph (2) or (3) of subdivision (a) of
Section 245 or a violation of subdivision (d) of Section 245.
(b) A violation of Section 246.
(c) A violation of paragraph (2) of subdivision (a) of Section
417.
(d) A violation of subdivision (c) of Section 417.



12002. (a) Nothing in this chapter prohibits police officers,
special police officers, peace officers, or law enforcement officers
from carrying any wooden club, baton, or any equipment authorized for
the enforcement of law or ordinance in any city or county.
(b) Nothing in this chapter prohibits a uniformed security guard,
regularly employed and compensated by a person engaged in any lawful
business, while actually employed and engaged in protecting and
preserving property or life within the scope of his or her
employment, from carrying any wooden club or baton if the uniformed
security guard has satisfactorily completed a course of instruction
certified by the Department of Consumer Affairs in the carrying and
use of the club or baton. The training institution certified by the
Department of Consumer Affairs to present this course, whether public
or private, is authorized to charge a fee covering the cost of the
training.
(c) The Department of Consumer Affairs, in cooperation with the
Commission on Peace Officer Standards and Training, shall develop
standards for a course in the carrying and use of the club or baton.

(d) Any uniformed security guard who successfully completes a
course of instruction under this section is entitled to receive a
permit to carry and use a club or baton within the scope of his or
her employment, issued by the Department of Consumer Affairs. The
department may authorize certified training institutions to issue
permits to carry and use a club or baton. A fee in the amount
provided by law shall be charged by the Department of Consumer
Affairs to offset the costs incurred by the department in course
certification, quality control activities associated with the course,
and issuance of the permit.
(e) Any person who has received a permit or certificate which
indicates satisfactory completion of a club or baton training course
approved by the Commission on Peace Officer Standards and Training
prior to January 1, 1983, shall not be required to obtain a baton or
club permit or complete a course certified by the Department of
Consumer Affairs.
(f) Any person employed as a county sheriff's or police security
officer, as defined in Section 831.4, shall not be required to obtain
a club or baton permit or to complete a course certified by the
Department of Consumer Affairs in the carrying and use of a club or
baton, provided that the person completes a course approved by the
Commission on Peace Officer Standards and Training in the carrying
and use of the club or baton, within 90 days of employment.
(g) Nothing in this chapter prohibits an animal control officer,
as described in Section 830.9, from carrying any wooden club or baton
if the animal control officer has satisfactorily completed a course
of instruction certified by the Department of Consumer Affairs in the
carrying and use of the club or baton. The training institution
certified by the Department of Consumer Affairs to present this
course, whether public or private, is authorized to charge a fee
covering the cost of the training.



12003. If any section, subsection, sentence, clause or phrase of
this chapter is for any reason held to be unconstitutional such
decision shall not affect the validity of the remaining portions of
this chapter. The Legislature hereby declares that it would have
passed this act and each section, subsection, sentence, clause and
phrase thereof, irrespective of the fact that any one or more other
sections, subsections, sentences, clauses or phrases be declared
unconstitutional.

[هيثم الفقى]

Prohibited Armed Persons File

12010. (a) The Attorney General shall establish and maintain an
online database to be known as the Prohibited Armed Persons File.
The purpose of the file is to cross-reference persons who have
ownership or possession of a firearm on or after January 1, 1991, as
indicated by a record in the Consolidated Firearms Information
System, and who, subsequent to the date of that ownership or
possession of a firearm, fall within a class of persons who are
prohibited from owning or possessing a firearm.
(b) The information contained in the Prohibited Armed Persons File
shall only be available to those entities specified in, and pursuant
to, subdivision (b) or (c) of Section 11105, through the California
Law Enforcement Telecommunications System, for the purpose of
determining if persons are armed and prohibited from possessing
firearms.


12011. The Prohibited Armed Persons File database shall function as
follows:
(a) Upon entry into the Automated Criminal History System of a
disposition for a conviction of any felony, a conviction for any
firearms-prohibiting charge specified in Section 12021, a conviction
for an offense described in Section 12021.1, a firearms prohibition
pursuant to Section 8100 or 8103 of the Welfare and Institutions
Code, or any firearms possession prohibition identified by the
federal National Instant Check System, the Department of Justice
shall determine if the subject has an entry in the Consolidated
Firearms Information System indicating possession or ownership of a
firearm on or after January 1, 1991, or an assault weapon
registration, or a .50 BMG rifle registration.
(b) Upon an entry into any department automated information system
that is used for the identification of persons who are prohibited
from acquiring, owning, or possessing firearms, the department shall
determine if the subject has an entry in the Consolidated Firearms
Information System indicating ownership or possession of a firearm on
or after January 1, 1991, or an assault weapon registration, or a .
50 BMG rifle registration.
(c) If the department determines that, pursuant to subdivision (a)
or (b), the subject has an entry in the Consolidated Firearms
Information System indicating possession or ownership of a firearm on
or after January 1, 1991, or an assault weapon registration, or a .
50 BMG rifle registration, the following information shall be entered
into the Prohibited Armed Persons File:
(1) The subject's name.
(2) The subject's date of birth.
(3) The subject's physical description.
(4) Any other identifying information regarding the subject that
is deemed necessary by the Attorney General.
(5) The basis of the firearms possession prohibition.
(6) A description of all firearms owned or possessed by the
subject, as reflected by the Consolidated Firearms Information
System.



12012. The Attorney General shall provide investigative assistance
to local law enforcement agencies to better ensure the investigation
of individuals who are armed and prohibited from possessing a
firearm.

[هيثم الفقى]

Unlawful Carrying and Possession of Weapons


12020. (a) Any person in this state who does any of the following
is punishable by imprisonment in a county jail not exceeding one year
or in the state prison:
(1) Manufactures or causes to be manufactured, imports into the
state, keeps for sale, or offers or exposes for sale, or who gives,
lends, or possesses any cane gun or wallet gun, any undetectable
firearm, any firearm which is not immediately recognizable as a
firearm, any camouflaging firearm container, any ammunition which
contains or consists of any flechette dart, any bullet containing or
carrying an explosive agent, any ballistic knife, any multiburst
trigger activator, any nunchaku, any short-barreled shotgun, any
short-barreled rifle, any metal knuckles, any belt buckle knife, any
leaded cane, any zip gun, any shuriken, any unconventional pistol,
any lipstick case knife, any cane sword, any shobi-zue, any air gauge
knife, any writing pen knife, any metal military practice
handgrenade or metal replica handgrenade, or any instrument or weapon
of the kind commonly known as a blackjack, slungshot, billy,
sandclub, sap, or sandbag.
(2) Commencing January 1, 2000, manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, or lends, any large-capacity
magazine.
(3) Carries concealed upon his or her person any explosive
substance, other than fixed ammunition.
(4) Carries concealed upon his or her person any dirk or dagger.
However, a first offense involving any metal military practice
handgrenade or metal replica handgrenade shall be punishable only as
an infraction unless the offender is an active participant in a
criminal street gang as defined in the Street Terrorism and
Enforcement and Prevention Act (Chapter 11 (commencing with Section
186.20) of Title 7 of Part 1). A bullet containing or carrying an
explosive agent is not a destructive device as that term is used in
Section 12301.
(b) Subdivision (a) does not apply to any of the following:
(1) The sale to, purchase by, or possession of short-barreled
shotguns or short-barreled rifles by police departments, sheriffs'
offices, marshals' offices, the California Highway Patrol, the
Department of Justice, or the military or naval forces of this state
or of the United States for use in the discharge of their official
duties or the possession of short-barreled shotguns and
short-barreled rifles by peace officer members of a police
department, sheriff's office, marshal's office, the California
Highway Patrol, or the Department of Justice when on duty and the use
is authorized by the agency and is within the course and scope of
their duties and the peace officer has completed a training course in
the use of these weapons certified by the Commission on Peace
Officer Standards and Training.
(2) The manufacture, possession, transportation or sale of
short-barreled shotguns or short-barreled rifles when authorized by
the Department of Justice pursuant to Article 6 (commencing with
Section 12095) of this chapter and not in violation of federal law.
(3) The possession of a nunchaku on the premises of a school which
holds a regulatory or business license and teaches the arts of
self-defense.
(4) The manufacture of a nunchaku for sale to, or the sale of a
nunchaku to, a school which holds a regulatory or business license
and teaches the arts of self-defense.
(5) Any antique firearm. For purposes of this section, "antique
firearm" means any firearm not designed or redesigned for using
rimfire or conventional center fire ignition with fixed ammunition
and manufactured in or before 1898 (including any matchlock,
flintlock, percussion cap, or similar type of ignition system or
replica thereof, whether actually manufactured before or after the
year 1898) and also any firearm using fixed ammunition manufactured
in or before 1898, for which ammunition is no longer manufactured in
the United States and is not readily available in the ordinary
channels of commercial trade.
(6) Tracer ammunition manufactured for use in shotguns.
(7) Any firearm or ammunition that is a curio or relic as defined
in Section 478.11 of Title 27 of the Code of Federal Regulations and
which is in the possession of a person permitted to possess the
items pursuant to Chapter 44 (commencing with Section 921) of Title
18 of the United States Code and the regulations issued pursuant
thereto. Any person prohibited by Section 12021, 12021.1, or 12101
of this code or Section 8100 or 8103 of the Welfare and Institutions
Code from possessing firearms or ammunition who obtains title to
these items by bequest or intestate succession may retain title for
not more than one year, but actual possession of these items at any
time is punishable pursuant to Section 12021, 12021.1, or 12101 of
this code or Section 8100 or 8103 of the Welfare and Institutions
Code. Within the year, the person shall transfer title to the
firearms or ammunition by sale, gift, or other disposition. Any
person who violates this paragraph is in violation of subdivision
(a).
(8) Any other weapon as defined in subsection (e) of Section 5845
of Title 26 of the United States Code and which is in the possession
of a person permitted to possess the weapons pursuant to the federal
Gun Control Act of 1968 (Public Law 90-618), as amended, and the
regulations issued pursuant thereto. Any person prohibited by
Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103
of the Welfare and Institutions Code from possessing these weapons
who obtains title to these weapons by bequest or intestate succession
may retain title for not more than one year, but actual possession
of these weapons at any time is punishable pursuant to Section 12021,
12021.1, or 12101 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code. Within the year, the person shall
transfer title to the weapons by sale, gift, or other disposition.
Any person who violates this paragraph is in violation of subdivision
(a). The exemption provided in this subdivision does not apply to
pen guns.
(9) Instruments or devices that are possessed by federal, state,
and local historical societies, museums, and institutional
collections which are open to the public, provided that these
instruments or devices are properly housed, secured from unauthorized
handling, and, if the instrument or device is a firearm, unloaded.
(10) Instruments or devices, other than short-barreled shotguns or
short-barreled rifles, that are possessed or utilized during the
course of a motion picture, television, or video production or
entertainment event by an authorized participant therein in the
course of making that production or event or by an authorized
employee or agent of the entity producing that production or event.
(11) Instruments or devices, other than short-barreled shotguns or
short-barreled rifles, that are sold by, manufactured by, exposed or
kept for sale by, possessed by, imported by, or lent by persons who
are in the business of selling instruments or devices listed in
subdivision (a) solely to the entities referred to in paragraphs (9)
and (10) when engaging in transactions with those entities.
(12) The sale to, possession of, or purchase of any weapon,
device, or ammunition, other than a short-barreled rifle or
short-barreled shotgun, by any federal, state, county, city and
county, or city agency that is charged with the enforcement of any
law for use in the discharge of their official duties, or the
possession of any weapon, device, or ammunition, other than a
short-barreled rifle or short-barreled shotgun, by peace officers
thereof when on duty and the use is authorized by the agency and is
within the course and scope of their duties.
(13) Weapons, devices, and ammunition, other than a short-barreled
rifle or short-barreled shotgun, that are sold by, manufactured by,
exposed or kept for sale by, possessed by, imported by, or lent by,
persons who are in the business of selling weapons, devices, and
ammunition listed in subdivision (a) solely to the entities referred
to in paragraph (12) when engaging in transactions with those
entities.
(14) The manufacture for, sale to, exposing or keeping for sale
to, importation of, or lending of wooden clubs or batons to special
police officers or uniformed security guards authorized to carry any
wooden club or baton pursuant to Section 12002 by entities that are
in the business of selling wooden batons or clubs to special police
officers and uniformed security guards when engaging in transactions
with those persons.
(15) Any plastic toy handgrenade, or any metal military practice
handgrenade or metal replica handgrenade that is a relic, curio,
memorabilia, or display item, that is filled with a permanent inert
substance or that is otherwise permanently altered in a manner that
prevents ready modification for use as a grenade.
(16) Any instrument, ammunition, weapon, or device listed in
subdivision (a) that is not a firearm that is found and possessed by
a person who meets all of the following:
(A) The person is not prohibited from possessing firearms or
ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of
subdivision (b) of Section 12316 of this code or Section 8100 or 8103
of the Welfare and Institutions Code.
(B) The person possessed the instrument, ammunition, weapon, or
device no longer than was necessary to deliver or transport the same
to a law enforcement agency for that agency's disposition according
to law.
(C) If the person is transporting the listed item, he or she is
transporting the listed item to a law enforcement agency for
disposition according to law.
(17) Any firearm, other than a short-barreled rifle or
short-barreled shotgun, that is found and possessed by a person who
meets all of the following:
(A) The person is not prohibited from possessing firearms or
ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of
subdivision (b) of Section 12316 of this code or Section 8100 or 8103
of the Welfare and Institutions Code.
(B) The person possessed the firearm no longer than was necessary
to deliver or transport the same to a law enforcement agency for that
agency's disposition according to law.
(C) If the person is transporting the firearm, he or she is
transporting the firearm to a law enforcement agency for disposition
according to law.
(D) Prior to transporting the firearm to a law enforcement agency,
he or she has given prior notice to that law enforcement agency that
he or she is transporting the firearm to that law enforcement agency
for disposition according to law.
(E) The firearm is transported in a locked container as defined in
subdivision (d) of Section 12026.2.
(18) The possession of any weapon, device, or ammunition, by a
forensic laboratory or any authorized agent or employee thereof in
the course and scope of his or her authorized activities.
(19) The sale of, giving of, lending of, importation into this
state of, or purchase of, any large-capacity magazine to or by any
federal, state, county, city and county, or city agency that is
charged with the enforcement of any law, for use by agency employees
in the discharge of their official duties whether on or off duty, and
where the use is authorized by the agency and is within the course
and scope of their duties.
(20) The sale to, lending to, transfer to, purchase by, receipt
of, or importation into this state of, a large-capacity magazine by a
sworn peace officer as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 who is authorized to carry a
firearm in the course and scope of his or her duties.
(21) The sale or purchase of any large-capacity magazine to or by
a person licensed pursuant to Section 12071.
(22) The loan of a lawfully possessed large-capacity magazine
between two individuals if all of the following conditions are met:
(A) The person being loaned the large-capacity magazine is not
prohibited by Section 12021, 12021.1, or 12101 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code from
possessing firearms or ammunition.
(B) The loan of the large-capacity magazine occurs at a place or
location where the possession of the large-capacity magazine is not
otherwise prohibited and the person who lends the large-capacity
magazine remains in the accessible vicinity of the person to whom the
large-capacity magazine is loaned.
(23) The importation of a large-capacity magazine by a person who
lawfully possessed the large-capacity magazine in the state prior to
January 1, 2000, lawfully took it out of the state, and is returning
to the state with the large-capacity magazine previously lawfully
possessed in the state.
(24) The lending or giving of any large-capacity magazine to a
person licensed pursuant to Section 12071, or to a gunsmith, for the
purposes of maintenance, repair, or modification of that
large-capacity magazine.
(25) The return to its owner of any large-capacity magazine by a
person specified in paragraph (24).
(26) The importation into this state of, or sale of, any
large-capacity magazine by a person who has been issued a permit to
engage in those activities pursuant to Section 12079, when those
activities are in accordance with the terms and conditions of that
permit.
(27) The sale of, giving of, lending of, importation into this
state of, or purchase of, any large-capacity magazine, to or by
entities that operate armored vehicle businesses pursuant to the laws
of this state.
(28) The lending of large-capacity magazines by the entities
specified in paragraph (27) to their authorized employees, while in
the course and scope of their employment for purposes that pertain to
the entity's armored vehicle business.
(29) The return of those large-capacity magazines to those
entities specified in paragraph (27) by those employees specified in
paragraph (28).
(30) (A) The manufacture of a large-capacity magazine for any
federal, state, county, city and county, or city agency that is
charged with the enforcement of any law, for use by agency employees
in the discharge of their official duties whether on or off duty, and
where the use is authorized by the agency and is within the course
and scope of their duties.
(B) The manufacture of a large-capacity magazine for use by a
sworn peace officer as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 who is authorized to carry a
firearm in the course and scope of his or her duties.
(C) The manufacture of a large-capacity magazine for export or for
sale to government agencies or the military pursuant to applicable
federal regulations.
(31) The loan of a large-capacity magazine for use solely as a
prop for a motion picture, television, or video production.
(32) The purchase of a large-capacity magazine by the holder of a
special weapons permit issued pursuant to Section 12095, 12230,
12250, 12286, or 12305, for any of the following purposes:
(A) For use solely as a prop for a motion picture, television, or
video production.
(B) For export pursuant to federal regulations.
(C) For resale to law enforcement agencies, government agencies,
or the military, pursuant to applicable federal regulations.
(c) (1) As used in this section, a "short-barreled shotgun" means
any of the following:
(A) A firearm which is designed or redesigned to fire a fixed
shotgun shell and having a barrel or barrels of less than 18 inches
in length.
(B) A firearm which has an overall length of less than 26 inches
and which is designed or redesigned to fire a fixed shotgun shell.
(C) Any weapon made from a shotgun (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 18 inches in length.
(D) Any device which may be readily restored to fire a fixed
shotgun shell which, when so restored, is a device defined in
subparagraphs (A) to (C), inclusive.
(E) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subparagraphs (A) to (C),
inclusive, or any combination of parts from which a device defined in
subparagraphs (A) to (C), inclusive, can be readily assembled if
those parts are in the possession or under the control of the same
person.
(2) As used in this section, a "short-barreled rifle" means any of
the following:
(A) A rifle having a barrel or barrels of less than 16 inches in
length.
(B) A rifle with an overall length of less than 26 inches.
(C) Any weapon made from a rifle (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 16 inches in length.
(D) Any device which may be readily restored to fire a fixed
cartridge which, when so restored, is a device defined in
subparagraphs (A) to (C), inclusive.
(E) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subparagraphs (A) to (C),
inclusive, or any combination of parts from which a device defined in
subparagraphs (A) to (C), inclusive, may be readily assembled if
those parts are in the possession or under the control of the same
person.
(3) As used in this section, a "nunchaku" means an instrument
consisting of two or more sticks, clubs, bars or rods to be used as
handles, connected by a rope, cord, wire, or chain, in the design of
a weapon used in connection with the practice of a system of
self-defense such as karate.
(4) As used in this section, a "wallet gun" means any firearm
mounted or enclosed in a case, resembling a wallet, designed to be or
capable of being carried in a pocket or purse, if the firearm may be
fired while mounted or enclosed in the case.
(5) As used in this section, a "cane gun" means any firearm
mounted or enclosed in a stick, staff, rod, crutch, or similar
device, designed to be, or capable of being used as, an aid in
walking, if the firearm may be fired while mounted or enclosed
therein.
(6) As used in this section, a "flechette dart" means a dart,
capable of being fired from a firearm, that measures approximately
one inch in length, with tail fins that take up approximately
five-sixteenths of an inch of the body.
(7) As used in this section, "metal knuckles" means any device or
instrument made wholly or partially of metal which is worn for
purposes of offense or defense in or on the hand and which either
protects the wearer's hand while striking a blow or increases the
force of impact from the blow or injury to the individual receiving
the blow. The metal contained in the device may help support the
hand or fist, provide a shield to protect it, or consist of
projections or studs which would contact the individual receiving a
blow.
(8) As used in this section, a "ballistic knife" means a device
that propels a knifelike blade as a projectile by means of a coil
spring, elastic material, or compressed gas. Ballistic knife does
not include any device which propels an arrow or a bolt by means of
any common bow, compound bow, crossbow, or underwater speargun.
(9) As used in this section, a "camouflaging firearm container"
means a container which meets all of the following criteria:
(A) It is designed and intended to enclose a firearm.
(B) It is designed and intended to allow the firing of the
enclosed firearm by external controls while the firearm is in the
container.
(C) It is not readily recognizable as containing a firearm.
"Camouflaging firearm container" does not include any camouflaging
covering used while engaged in lawful hunting or while going to or
returning from a lawful hunting expedition.
(10) As used in this section, a "zip gun" means any weapon or
device which meets all of the following criteria:
(A) It was not imported as a firearm by an importer licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
(B) It was not originally designed to be a firearm by a
manufacturer licensed pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto.
(C) No tax was paid on the weapon or device nor was an exemption
from paying tax on that weapon or device granted under Section 4181
and Subchapters F (commencing with Section 4216) and G (commencing
with Section 4221) of Chapter 32 of Title 26 of the United States
Code, as amended, and the regulations issued pursuant thereto.
(D) It is made or altered to expel a projectile by the force of an
explosion or other form of combustion.
(11) As used in this section, a "shuriken" means any instrument,
without handles, consisting of a metal plate having three or more
radiating points with one or more sharp edges and designed in the
shape of a polygon, trefoil, cross, star, diamond, or other geometric
shape for use as a weapon for throwing.
(12) As used in this section, an "unconventional pistol" means a
firearm that does not have a rifled bore and has a barrel or barrels
of less than 18 inches in length or has an overall length of less
than 26 inches.
(13) As used in this section, a "belt buckle knife" is a knife
which is made an integral part of a belt buckle and consists of a
blade with a length of at least 21/2 inches.
(14) As used in this section, a "lipstick case knife" means a
knife enclosed within and made an integral part of a lipstick case.
(15) As used in this section, a "cane sword" means a cane, swagger
stick, stick, staff, rod, pole, umbrella, or similar device, having
concealed within it a blade that may be used as a sword or stiletto.

(16) As used in this section, a "shobi-zue" means a staff, crutch,
stick, rod, or pole concealing a knife or blade within it which may
be exposed by a flip of the wrist or by a mechanical action.
(17) As used in this section, a "leaded cane" means a staff,
crutch, stick, rod, pole, or similar device, unnaturally weighted
with lead.
(18) As used in this section, an "air gauge knife" means a device
that appears to be an air gauge but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which is exposed by mechanical action or gravity which locks into
place when extended.
(19) As used in this section, a "writing pen knife" means a device
that appears to be a writing pen but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which is exposed by mechanical action or gravity which locks into
place when extended or the pointed, metallic shaft is exposed by the
removal of the cap or cover on the device.
(20) As used in this section, a "rifle" means a weapon designed or
redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use the
energy of the explosive in a fixed cartridge to fire only a single
projectile through a rifled bore for each single pull of the trigger.

(21) As used in this section, a "shotgun" means a weapon designed
or redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use the
energy of the explosive in a fixed shotgun shell to fire through a
smooth bore either a number of projectiles (ball shot) or a single
projectile for each pull of the trigger.
(22) As used in this section, an "undetectable firearm" means any
weapon which meets one of the following requirements:
(A) When, after removal of grips, stocks, and magazines, it is not
as detectable as the Security Exemplar, by walk-through metal
detectors calibrated and operated to detect the Security Exemplar.
(B) When any major component of which, when subjected to
inspection by the types of X-ray machines commonly used at airports,
does not generate an image that accurately depicts the shape of the
component. Barium sulfate or other compounds may be used in the
fabrication of the component.
(C) For purposes of this paragraph, the terms "firearm," "major
component," and "Security Exemplar" have the same meanings as those
terms are defined in Section 922 of Title 18 of the United States
Code.
All firearm detection equipment newly installed in nonfederal
public buildings in this state shall be of a type identified by
either the United States Attorney General, the Secretary of
Transportation, or the Secretary of the Treasury, as appropriate, as
available state-of-the-art equipment capable of detecting an
undetectable firearm, as defined, while distinguishing innocuous
metal objects likely to be carried on one's person sufficient for
reasonable passage of the public.
(23) As used in this section, a "multiburst trigger activator"
means one of the following devices:
(A) A device designed or redesigned to be attached to a
semiautomatic firearm which allows the firearm to discharge two or
more shots in a burst by activating the device.
(B) A manual or power-driven trigger activating device constructed
and designed so that when attached to a semiautomatic firearm it
increases the rate of fire of that firearm.
(24) As used in this section, a "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. A nonlocking folding knife, a folding knife that is not
prohibited by Section 653k, or a pocketknife is capable of ready use
as a stabbing weapon that may inflict great bodily injury or death
only if the blade of the knife is exposed and locked into position.
(25) As used in this section, "large-capacity magazine" means any
ammunition feeding device with the capacity to accept more than 10
rounds, but shall not be construed to include any of the following:
(A) A feeding device that has been permanently altered so that it
cannot accommodate more than 10 rounds.
(B) A .22 caliber tube ammunition feeding device.
(C) A tubular magazine that is contained in a lever-action
firearm.
(d) Knives carried in sheaths which are worn openly suspended from
the waist of the wearer are not concealed within the meaning of this
section.



12020.1. Any person in this state who commercially manufactures or
causes to be commercially manufactured, or who knowingly imports into
the state for commercial sale, keeps for commercial sale, or offers
or exposes for commercial sale, any hard plastic knuckles is guilty
of a misdemeanor. As used in this section, "hard plastic knuckles"
means any device or instrument made wholly or partially of plastic
that is not a metal knuckle as defined in paragraph (7) of
subdivision (c) of Section 12020, that is worn for purposes of
offense or defense in or on the hand, and that either protects the
wearer's hand while striking a blow or increases the force of impact
from the blow or injury to the individual receiving the blow. The
plastic contained in the device may help support the hand or fist,
provide a shield to protect it, or consist of projections or studs
that would contact the individual receiving a blow.



12020.3. Any person who, for commercial purposes, purchases, sells,
manufacturers, ships, transports, distributes, or receives a
firearm, where the coloration of the entire exterior surface of the
firearm is bright orange or bright green, either singly, in
combination, or as the predominant color in combination with other
colors in any pattern, is liable for a civil fine in an action
brought by the city attorney of the city or the district attorney for
the county of not more than ten thousand dollars ($10,000).



12020.5. It shall be unlawful for any person, as defined in Section
12277, to advertise the sale of any weapon or device whose
possession is prohibited by Section 12020, 12220, 12280, 12303,
12320, 12321, 12355, or 12520 in any newspaper, magazine, circular,
form letter, or open publication that is published, distributed, or
circulated in this state, or on any billboard, card, label, or other
advertising medium, or by means of any other advertising device.



12021. (a) (1) Any person who has been convicted of a felony under
the laws of the United States, the State of California, or any other
state, government, or country or of an offense enumerated in
subdivision (a), (b), or (d) of Section 12001.6, or who is addicted
to the use of any narcotic drug, and who owns, purchases, receives,
or has in his or her possession or under his or her custody or
control any firearm is guilty of a felony.
(2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns,
purchases, receives, or has in his or her possession or under his or
her custody or control any firearm is guilty of a felony.
(b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section 12001.6,
when that conviction results from certification by the juvenile
court for prosecution as an adult in an adult court under Section 707
of the Welfare and Institutions Code, and who owns or has in his or
her possession or under his or her custody or control any firearm is
guilty of a felony.
(c) (1) Except as provided in subdivision (a) or paragraph (2) of
this subdivision, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9,
646.9, 12023, or 12024, subdivision (b) or (d) of Section 12034,
Section 12040, subdivision (b) of Section 12072, subdivision (a) of
former Section 12100, Section 12220, 12320, or 12590, or Section
8100, 8101, or 8103 of the Welfare and Institutions Code, any
firearm-related offense pursuant to Sections 871.5 and 1001.5 of the
Welfare and Institutions Code, or of the conduct punished in
paragraph (3) of subdivision (g) of Section 12072, and who, within 10
years of the conviction, owns, purchases, receives, or has in his or
her possession or under his or her custody or control, any firearm
is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine. The court, on forms prescribed by
the Department of Justice, shall notify the department of persons
subject to this subdivision. However, the prohibition in this
paragraph may be reduced, eliminated, or conditioned as provided in
paragraph (2) or (3).
(2) Any person employed as a peace officer described in Section
830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or
livelihood is dependent on the ability to legally possess a firearm,
who is subject to the prohibition imposed by this subdivision because
of a conviction under Section 273.5, 273.6, or 646.9, may petition
the court only once for relief from this prohibition. The petition
shall be filed with the court in which the petitioner was sentenced.
If possible, the matter shall be heard before the same judge who
sentenced the petitioner. Upon filing the petition, the clerk of the
court shall set the hearing date and shall notify the petitioner and
the prosecuting attorney of the date of the hearing. Upon making each
of the following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
(A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
(B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
(C) (i) Finds that the petitioner does not have a previous
conviction under this subdivision no matter when the prior conviction
occurred.
(ii) In making its decision, the court shall consider the
petitioner's continued employment, the interest of justice, any
relevant evidence, and the totality of the circumstances. The court
shall require, as a condition of granting relief from the prohibition
under this section, that the petitioner agree to participate in
counseling as deemed appropriate by the court. Relief from the
prohibition shall not relieve any other person or entity from any
liability that might otherwise be imposed. It is the intent of the
Legislature that courts exercise broad discretion in fashioning
appropriate relief under this paragraph in cases in which relief is
warranted. However, nothing in this paragraph shall be construed to
require courts to grant relief to any particular petitioner. It is
the intent of the Legislature to permit persons who were convicted of
an offense specified in Section 273.5, 273.6, or 646.9 to seek
relief from the prohibition imposed by this subdivision.
(3) Any person who is subject to the prohibition imposed by this
subdivision because of a conviction of an offense prior to that
offense being added to paragraph (1) may petition the court only once
for relief from this prohibition. The petition shall be filed with
the court in which the petitioner was sentenced. If possible, the
matter shall be heard before the same judge that sentenced the
petitioner. Upon filing the petition, the clerk of the court shall
set the hearing date and notify the petitioner and the prosecuting
attorney of the date of the hearing. Upon making each of the
following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
(A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
(B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
(C) (i) Finds that the petitioner does not have a previous
conviction under this subdivision, no matter when the prior
conviction occurred.
(ii) In making its decision, the court may consider the interest
of justice, any relevant evidence, and the totality of the
circumstances. It is the intent of the Legislature that courts
exercise broad discretion in fashioning appropriate relief under this
paragraph in cases in which relief is warranted. However, nothing in
this paragraph shall be construed to require courts to grant relief
to any particular petitioner.
(4) Law enforcement officials who enforce the prohibition
specified in this subdivision against a person who has been granted
relief pursuant to paragraph (2) or (3) shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in his or her possession a
certified copy of the court order that granted the person relief from
the prohibition. This immunity from liability shall not relieve any
person or entity from any other liability that might otherwise be
imposed.
(d) (1) Any person who, as an express condition of probation, is
prohibited or restricted from owning, possessing, controlling,
receiving, or purchasing a firearm and who owns, purchases, receives,
or has in his or her possession or under his or her custody or
control, any firearm but who is not subject to subdivision (a) or (c)
is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine. The court, on forms provided by the
Department of Justice, shall notify the department of persons subject
to this subdivision. The notice shall include a copy of the order of
probation and a copy of any minute order or abstract reflecting the
order and conditions of probation.
(2) For any person who is subject to subdivision (a), (b), or (c),
the court shall, at the time judgment is imposed, provide on a form
supplied by the Department of Justice, a notice to the defendant
prohibited by this section from owning, purchasing, receiving,
possessing or having under his or her custody or control, any
firearm. The notice shall inform the defendant of the prohibition
regarding firearms and include a form to facilitate the transfer of
firearms. Failure to provide the notice shall not be a defense to a
violation of this section.
(e) Any person who (1) is alleged to have committed an offense
listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, an offense described in subdivision (b) of Section
1203.073, any offense enumerated in paragraph (1) of subdivision
(c), or any offense described in subdivision (a) of Section 12025,
subdivision (a) of Section 12031, or subdivision (a) of Section
12034, and (2) is subsequently adjudged a ward of the juvenile court
within the meaning of Section 602 of the Welfare and Institutions
Code because the person committed an offense listed in subdivision
(b) of Section 707 of the Welfare and Institutions Code, an offense
described in subdivision (b) of Section 1203.073, any offense
enumerated in paragraph (1) of subdivision (c), or any offense
described in subdivision (a) of Section 12025, subdivision (a) of
Section 12031, or subdivision (a) of Section 12034, shall not own, or
have in his or her possession or under his or her custody or
control, any firearm until the age of 30 years. A violation of this
subdivision shall be punishable by imprisonment in a county jail not
exceeding one year or in the state prison, by a fine not exceeding
one thousand dollars ($1,000), or by both that imprisonment and fine.
The juvenile court, on forms prescribed by the Department of
Justice, shall notify the department of persons subject to this
subdivision. Notwithstanding any other law, the forms required to be
submitted to the department pursuant to this subdivision may be used
to determine eligibility to acquire a firearm.
(f) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:
(1) Conviction of a like offense under California law can only
result in imposition of felony punishment.
(2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.
(g) (1) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that he or she is prohibited
from doing so by a temporary restraining order or injunction issued
pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, a
protective order as defined in Section 6218 of the Family Code, a
protective order issued pursuant to Section 136.2 or 646.91 of this
code, or a protective order issued pursuant to Section 15657.03 of
the Welfare and Institutions Code, is guilty of a public offense,
which shall be punishable by imprisonment in a county jail not
exceeding one year or in the state prison, by a fine not exceeding
one thousand dollars ($1,000), or by both that imprisonment and fine.

(2) Every person who owns or possesses a firearm knowing that he
or she is prohibited from doing so by a temporary restraining order
or injunction issued pursuant to Section 527.6 or 527.8 of the Code
of Civil Procedure, a protective order as defined in Section 6218 of
the Family Code, a protective order issued pursuant to Section 136.2
or 646.91 of this code, or a protective order issued pursuant to
Section 15657.03 of the Welfare and Institutions Code, is guilty of a
public offense, which shall be punishable by imprisonment in a
county jail not exceeding one year, by a fine not exceeding one
thousand dollars ($1,000), or by both that imprisonment and fine.
(3) The Judicial Council shall provide notice on all protective
orders that the respondent is prohibited from owning, possessing,
purchasing, receiving, or attempting to purchase or receive a firearm
while the protective order is in effect. The order shall also state
that the firearm shall be relinquished to the local law enforcement
agency for that jurisdiction or sold to a licensed gun dealer, and
that proof of surrender or sale shall be filed within a specified
time of receipt of the order. The order shall state the penalties for
a violation of the prohibition. The order shall also state on its
face the expiration date for relinquishment.
(4) If probation is granted upon conviction of a violation of this
subdivision, the court shall impose probation consistent with
Section 1203.097.
(h) (1) A violation of subdivision (a), (b), (c), (d), or (e) is
justifiable where all of the following conditions are met:
(A) The person found the firearm or took the firearm from a person
who was committing a crime against him or her.
(B) The person possessed the firearm no longer than was necessary
to deliver or transport the firearm to a law enforcement agency for
that agency's disposition according to law.
(C) If the firearm was transported to a law enforcement agency, it
was transported in accordance with paragraph (18) of subdivision (a)
of Section 12026.2.
(D) If the firearm is being transported to a law enforcement
agency, the person transporting the firearm has given prior notice to
the law enforcement agency that he or she is transporting the
firearm to the law enforcement agency for disposition according to
law.
(2) Upon the trial for violating subdivision (a), (b), (c), (d),
or (e), the trier of fact shall determine whether the defendant was
acting within the provisions of the exemption created by this
subdivision.
(3) The defendant has the burden of proving by a preponderance of
the evidence that he or she comes within the provisions of the
exemption created by this subdivision.
(i) Subject to available funding, the Attorney General, working
with the Judicial Council, the California Alliance Against Domestic
Violence, prosecutors, and law enforcement, probation, and parole
officers, shall develop a protocol for the implementation of the
provisions of this section. The protocol shall be designed to
facilitate the enforcement of restrictions on firearm ownership,
including provisions for giving notice to defendants who are
restricted, provisions for informing those defendants of the
procedures by which defendants shall dispose of firearms when
required to do so, provisions explaining how defendants shall provide
proof of the lawful disposition of firearms, and provisions
explaining how defendants may obtain possession of seized firearms
when legally permitted to do so pursuant to this section or any other
provision of law. The protocol shall be completed on or before
January 1, 2005.


12021.1. (a) Notwithstanding subdivision (a) of Section 12021, any
person who has been previously convicted of any of the offenses
listed in subdivision (b) and who owns or has in his or her
possession or under his or her custody or control any firearm is
guilty of a felony. A dismissal of an accusatory pleading pursuant
to Section 1203.4a involving an offense set forth in subdivision (b)
does not affect the finding of a previous conviction. If probation
is granted, or if the imposition or execution of sentence is
suspended, it shall be a condition of the probation or suspension
that the defendant serve at least six months in a county jail.
(b) As used in this section, a violent offense includes any of the
following:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape.
(4) Sodomy by force, violence, duress, menace, or threat of great
bodily harm.
(5) Oral copulation by force, violence, duress, menace, or threat
of great bodily harm.
(6) Lewd acts on a child under the age of 14 years.
(7) Any felony punishable by death or imprisonment in the state
prison for life.
(8) Any other felony in which the defendant inflicts great bodily
injury on any person, other than an accomplice, that has been charged
and proven, or any felony in which the defendant uses a firearm
which use has been charged and proven.
(9) Attempted murder.
(10) Assault with intent to commit rape or robbery.
(11) Assault with a deadly weapon or instrument on a peace
officer.
(12) Assault by a life prisoner on a noninmate.
(13) Assault with a deadly weapon by an inmate.
(14) Arson.
(15) Exploding a destructive device or any explosive with intent
to injure.
(16) Exploding a destructive device or any explosive causing great
bodily injury.
(17) Exploding a destructive device or any explosive with intent
to murder.
(18) Robbery.
(19) Kidnapping.
(20) Taking of a hostage by an inmate of a state prison.
(21) Attempt to commit a felony punishable by death or
imprisonment in the state prison for life.
(22) Any felony in which the defendant personally used a dangerous
or deadly weapon.
(23) Escape from a state prison by use of force or violence.
(24) Assault with a deadly weapon or force likely to produce great
bodily injury.
(25) Any felony violation of Section 186.22.
(26) Any attempt to commit a crime listed in this subdivision
other than an assault.
(27) Any offense enumerated in subdivision (a), (b), or (d) of
Section 12001.6.
(28) Carjacking.
(29) Any offense enumerated in subdivision (c) of Section 12001.6
if the person has two or more convictions for violating paragraph (2)
of subdivision (a) of Section 417.
(c) Any person previously convicted of any of the offenses listed
in subdivision (b) which conviction results from certification by the
juvenile court for prosecution as an adult in adult court under the
provisions of Section 707 of the Welfare and Institutions Code, who
owns or has in his or her possession or under his or her custody or
control any firearm is guilty of a felony. If probation is granted,
or if the imposition or execution of sentence is suspended, it shall
be a condition of the probation or suspension that the defendant
serve at least six months in a county jail.
(d) The court shall apply the minimum sentence as specified in
subdivisions (a) and (c) except in unusual cases where the interests
of justice would best be served by granting probation or suspending
the imposition or execution of sentence without the imprisonment
required by subdivisions (a) and (c), or by granting probation or
suspending the imposition or execution of sentence with conditions
other than those set forth in subdivisions (a) and (c), 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 the disposition.



12021.3. (a) (1) Any person who claims title to any firearm that is
in the custody or control of a court or law enforcement agency and
who wishes to have the firearm returned to him or her shall make
application for a determination by the Department of Justice as to
whether he or she is eligible to possess a firearm. The application
shall include the following:
(A) The applicant's name, date and place of birth, gender,
telephone number, and complete address.
(B) Whether the applicant is a United States citizen. If the
applicant is not a United States citizen, he or she shall also
provide his or her country of citizenship and his or her alien
registration or I-94 number.
(C) If the firearm is a handgun, the firearm's make, model,
caliber, barrel length, handgun type, country of origin, and serial
number.
(D) For residents of California, the applicant's valid California
driver's license number or valid California identification card
number issued by the Department of Motor Vehicles. For nonresidents
of California, a copy of the applicant's military identification with
orders indicating that the individual is stationed in California, or
a copy of the applicant's valid driver's license from the state of
residence, or a copy of the applicant's state identification card
from the state of residence. Copies of the documents provided by
non-California residents shall be notarized.
(E) The name of the court or law enforcement agency holding the
firearm.
(F) The signature of the applicant and the date of signature.
(G) Any person furnishing a fictitious name or address or
knowingly furnishing any incorrect information or knowingly omitting
any information required to be provided for the application,
including any notarized information pursuant to subparagraph (D) of
paragraph (1) of subdivision (a) shall be guilty of a misdemeanor.
(2) A person who owns a firearm that is in the custody of a court
or law enforcement agency and who does not wish to obtain possession
of the firearm, and the firearm is an otherwise legal firearm, and
the person otherwise has right to title of the firearm, shall be
entitled to sell or transfer title of the firearm to a licensed
dealer as defined in Section 12071.
(3) Any person furnishing a fictitious name or address, or
knowingly furnishing any incorrect information or knowingly omitting
any information required to be provided for the application,
including any notarized information pursuant to subparagraph (D) of
paragraph (1) of subdivision (a) is punishable as a misdemeanor.
(b) No law enforcement agency or court that has taken custody of
any firearm may return the firearm to any individual unless the
following requirements are satisfied:
(1) That individual presents to the agency or court notification
of a determination by the department pursuant to subdivision (e) that
the person is eligible to possess firearms.
(2) If the agency or court has direct access to the Automated
Firearms System, the agency or court has verified that the firearm is
not listed as stolen pursuant to Section 11108, and that the firearm
has been recorded in the Automated Firearms System in the name of
the individual who seeks its return.
(3) If the firearm has been reported lost or stolen pursuant to
Section 11108, a law enforcement agency shall notify the owner or
person entitled to possession pursuant to Section 11108.5. However,
that person shall provide proof of eligibility to possess a firearm
pursuant to subdivision (e). Nothing in this subdivision shall
prevent the local law enforcement agency from charging the rightful
owner or person entitled to possession of the firearm the fees
described in subdivision (j). However, individuals who are applying
for a background check to retrieve a firearm that comes into the
custody or control of the court or law enforcement agency pursuant to
subdivision (a) shall be exempt from the fees in subdivision (c)
provided that the court or agency determines the firearm was reported
stolen to a law enforcement agency prior to the date the firearm
came into custody or control of the court or law enforcement agency
or within five business days of the firearm being stolen from its
owner. The court or agency shall notify the Department of Justice of
this fee exemption in a manner prescribed by the department.
(c) The Department of Justice shall establish a fee of twenty
dollars ($20) per request for return of a firearm, plus a
three-dollar ($3) charge for each additional handgun being processed
as part of the request to return a firearm, to cover its costs for
processing firearm clearance determinations submitted pursuant to
this section. The fees shall be deposited into the Dealers' Record of
Sale Special Account. The department may increase the fee by using
the California Consumer Price Index as compiled and reported by the
California Department of Industrial Relations to determine an annual
rate of increase. Any fee increase shall be rounded to the nearest
dollar.
(d) When the Department of Justice receives a completed
application pursuant to subdivision (a) accompanied with the fee
required pursuant to subdivision (c), it shall conduct an eligibility
check of the applicant to determine whether the applicant is
eligible to possess firearms.
(e) (1) If the department determines that the applicant is
eligible to possess the firearm, the department shall provide the
applicant with written notification that includes the following:
(A) The identity of the applicant.
(B) A statement that the applicant is eligible to possess a
firearm.
(C) If the firearm is a handgun, a description of the handgun by
make, model, and serial number.
(2) If the firearm is a handgun, the department shall enter a
record of the handgun into the Automated Firearms System.
(3) The department shall have 30 days from the date of receipt to
complete the background check unless delayed by circumstances beyond
the control of the department. The applicant may contact the
department to inquire about the reason for the delay.
(f) If the department denies the application, and the firearm is
an otherwise legal firearm, the department shall notify the applicant
of the denial and provide a form for the applicant to use to sell or
transfer the firearm to a licensed dealer as defined in Section
12071. The applicant may contact the department to inquire about the
reason for the denial.
(g) Notwithstanding any other provision of law, no law enforcement
agency or court shall be required to retain a firearm for more than
180 days after the owner of the firearm has been notified by the
court or law enforcement agency that the firearm has been made
available for return. An unclaimed firearm may be disposed of after
the 180-day period has expired.
(h) Notwithstanding Section 11106, the department may retain
personal information about an applicant in connection with a claim
for a firearm that is not a handgun to allow for law enforcement
confirmation of compliance with this section. The information
retained may include personal identifying information regarding the
individual applying for the clearance, but may not include
information that identifies any particular firearm that is not a
handgun.
(i) (1) If a law enforcement agency determines that the applicant
is the legal owner of any firearm deposited with the law enforcement
agency and is prohibited from possessing any firearm and the firearm
is an otherwise legal firearm, the applicant shall be entitled to
sell or transfer the firearm to a licensed dealer as defined in
Section 12071.
(2) If the firearm has been lost or stolen, the firearm shall be
restored to the lawful owner pursuant to Section 11108.5 upon his or
her identification of the firearm and proof of ownership, and proof
of eligibility to possess a firearm pursuant to subdivision (e).
Nothing in this subdivision shall prevent the local law enforcement
agency from charging the rightful owner of the firearm the fees
described in subdivision (j).
(3) Subdivision (a) of Section 12070 shall not apply to
deliveries, transfers, or returns of firearms made by a court or a
law enforcement agency pursuant to this section.
(4) Subdivision (d) of Section 12072 shall not apply to
deliveries, transfers, or returns of firearms made pursuant to this
section.
(j) (1) A city, county, or city and county, or a state agency may
adopt a regulation, ordinance, or resolution imposing a charge equal
to its administrative costs relating to the seizure, impounding,
storage, or release of firearms. The fees shall not exceed the actual
costs incurred for the expenses directly related to taking
possession of a firearm, storing the firearm, and surrendering
possession of the firearm to a licensed firearms dealer or to the
owner. Those administrative costs may be waived by the local or state
agency upon verifiable proof that the firearm was reported stolen at
the time the firearm came into the custody or control of the law
enforcement agency.
(2) The following apply to any charges imposed for administrative
costs pursuant to this subdivision:
(A) The charges shall only be imposed on the person claiming title
to the firearms.
(B) Any charges shall be collected by the local or state authority
only from the person claiming title to the firearm.
(C) The charges shall be in addition to any other charges
authorized or imposed pursuant to this code.
(D) No charge may be imposed for any hearing or appeal relating to
the removal, impound, storage, or release of a firearm unless that
hearing or appeal was requested in writing by the legal owner of the
firearm. In addition, the charge may be imposed only upon the person
requesting that hearing or appeal.
(3) No costs for any hearing or appeal related to the release of a
firearm shall be charged to the legal owner who redeems the firearm
unless the legal owner voluntarily requests the post storage hearing
or appeal. No city, county, city and county, or state agency shall
require a legal owner to request a poststorage hearing as a
requirement for release of the firearm to the legal owner.
(k) In a proceeding for the return of a firearm seized and not
returned pursuant to this section, where the defendant or
cross-defendant is a law enforcement agency, the court shall award
reasonable attorney's fees to the prevailing party.



12021.5. (a) Every person who carries a loaded or unloaded firearm
on his or her person, or in a vehicle, during the commission or
attempted commission of any street gang crimes described in
subdivision (a) or (b) of Section 186.22, shall, upon conviction of
the felony or attempted felony, be punished by an additional term of
imprisonment in the state prison for one, two, or three years in the
court's discretion. The court shall impose the middle term unless
there are circumstances in aggravation or mitigation. The court
shall state the reasons for its enhancement choice on the record at
the time of sentence.
(b) Every person who carries a loaded or unloaded firearm together
with a detachable shotgun magazine, a detachable pistol magazine, a
detachable magazine, or a belt-feeding device on his or her person,
or in a vehicle, during the commission or attempted commission of any
street gang crimes described in subdivision (a) or (b) of Section
186.22, shall, upon conviction of the felony or attempted felony, be
punished by an additional term of imprisonment in the state prison
for two, three, or four years in the court's discretion. The court
shall impose the middle term unless there are circumstances in
aggravation or mitigation. The court shall state the reasons for its
enhancement choice on the record at the time of sentence.
(c) As used in this section, the following definitions shall
apply:
(1) "Detachable magazine" means a device that is designed or
redesigned to do all of the following:
(A) To be attached to a rifle that is designed or redesigned to
fire ammunition.
(B) To be attached to, and detached from, a rifle that is designed
or redesigned to fire ammunition.
(C) To feed ammunition continuously and directly into the loading
mechanism of a rifle that is designed or redesigned to fire
ammunition.
(2) "Detachable pistol magazine" means a device that is designed
or redesigned to do all of the following:
(A) To be attached to a semiautomatic firearm that is not a rifle
or shotgun that is designed or redesigned to fire ammunition.
(B) To be attached to, and detached from, a firearm that is not a
rifle or shotgun that is designed or redesigned to fire ammunition.
(C) To feed ammunition continuously and directly into the loading
mechanism of a firearm that is not a rifle or a shotgun that is
designed or redesigned to fire ammunition.
(3) "Detachable shotgun magazine" means a device that is designed
or redesigned to do all of the following:
(A) To be attached to a firearm that is designed or redesigned to
fire a fixed shotgun shell through a smooth or rifled bore.
(B) To be attached to, and detached from, a firearm that is
designed or redesigned to fire a fixed shotgun shell through a smooth
bore.
(C) To feed fixed shotgun shells continuously and directly into
the loading mechanism of a firearm that is designed or redesigned to
fire a fixed shotgun shell.
(4) "Belt-feeding device" means a device that is designed or
redesigned to continuously feed ammunition into the loading mechanism
of a machinegun or a semiautomatic firearm.
(5) "Rifle" shall have the same meaning as specified in paragraph
(20) of subdivision (c) of Section 12020.
(6) "Shotgun" shall have the same meaning as specified in
paragraph (21) of subdivision (c) of Section 12020.



12022. (a) (1) Except as provided in subdivisions (c) and (d), any
person who is armed with a firearm in the commission of a felony or
attempted felony shall be punished by an additional and consecutive
term of imprisonment in the state prison for one year, unless the
arming is an element of that offense. This additional term shall
apply to any person who is a principal in the commission of a felony
or attempted felony if one or more of the principals is armed with a
firearm, whether or not the person is personally armed with a
firearm.
(2) Except as provided in subdivision (c), and notwithstanding
subdivision (d), if the firearm is an assault weapon, as defined in
Section 12276 or Section 12276.1, or a machinegun, as defined in
Section 12200, or a .50 BMG rifle, as defined in Section 12278, the
additional and consecutive term described in this subdivision shall
be three years whether or not the arming is an element of the offense
of which the person was convicted. The additional term provided in
this paragraph shall apply to any person who is a principal in the
commission of a felony or attempted felony if one or more of the
principals is armed with an assault weapon or machinegun, or a .50
BMG rifle, whether or not the person is personally armed with an
assault weapon or machinegun, or a .50 BMG rifle.
(b) (1) Any person who personally uses a deadly or dangerous
weapon in the commission of a felony or attempted felony shall be
punished by an additional and consecutive term of imprisonment in the
state prison for one year, unless use of a deadly or dangerous
weapon is an element of that offense.
(2) If the person described in paragraph (1) has been convicted of
carjacking or attempted carjacking, the additional term shall be
one, two, or three years.
(3) When a person is found to have personally used a deadly or
dangerous weapon in the commission of a felony or attempted felony as
provided in this subdivision and the weapon is owned by that person,
the court shall order that the weapon be deemed a nuisance and
disposed of in the manner provided in Section 12028.
(c) Notwithstanding the enhancement set forth in subdivision (a),
any person who is personally armed with a firearm in the commission
of a violation or attempted violation of Section 11351, 11351.5,
11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6
of the Health and Safety Code, shall be punished by an additional and
consecutive term of imprisonment in the state prison for three,
four, or five years.
(d) Notwithstanding the enhancement set forth in subdivision (a),
any person who is not personally armed with a firearm who, knowing
that another principal is personally armed with a firearm, is a
principal in the commission of an offense or attempted offense
specified in subdivision (c), shall be punished by an additional and
consecutive term of imprisonment in the state prison for one, two, or
three years.
(e) For purposes of imposing an enhancement under Section 1170.1,
the enhancements under this section shall count as one, single
enhancement.
(f) Notwithstanding any other provision of law, the court may
strike the additional punishment for the enhancements provided in
subdivision (c) or (d) in an unusual case where the interests of
justice would best be served, if the court specifies on the record
and enters into the minutes the circumstances indicating that the
interests of justice would best be served by that disposition.



12022.1. (a) For the purposes of this section only:
(1) "Primary offense" means a felony offense for which a person
has been released from custody on bail or on his or her own
recognizance prior to the judgment becoming final, including the
disposition of any appeal, or for which release on bail or his or her
own recognizance has been revoked. In cases where the court has
granted a stay of execution of a county jail commitment or state
prison commitment, "primary offense" also means a felony offense for
which a person is out of custody during the period of time between
the pronouncement of judgment and the time the person actually
surrenders into custody or is otherwise returned to custody.
(2) "Secondary offense" means a felony offense alleged to have
been committed while the person is released from custody for a
primary offense.
(b) Any person arrested for a secondary offense which was alleged
to have been committed while that person was released from custody on
a primary offense shall be subject to a penalty enhancement of an
additional two years in state prison which shall be served
consecutive to any other term imposed by the court.
(c) The enhancement allegation provided in subdivision (b) shall
be pleaded in the information or indictment which alleges the
secondary offense, or in the information or indictment of the primary
offense if a conviction has already occurred in the secondary
offense, and shall be proved as provided by law. The enhancement
allegation may be pleaded in a complaint but need not be proved at
the preliminary hearing or grand jury hearing.
(d) Whenever there is a conviction for the secondary offense and
the enhancement is proved, and the person is sentenced on the
secondary offense prior to the conviction of the primary offense, the
imposition of the enhancement shall be stayed pending imposition of
the sentence for the primary offense. The stay shall be lifted by
the court hearing the primary offense at the time of sentencing for
that offense and shall be recorded in the abstract of judgment. If
the person is acquitted of the primary offense the stay shall be
permanent.
(e) If the person is convicted of a felony for the primary
offense, is sentenced to state prison for the primary offense, and is
convicted of a felony for the secondary offense, any state prison
sentence for the secondary offense shall be consecutive to the
primary sentence.
(f) If the person is convicted of a felony for the primary
offense, is granted probation for the primary offense, and is
convicted of a felony for the secondary offense, any state prison
sentence for the secondary offense shall be enhanced as provided in
subdivision (b).
(g) If the primary offense conviction is reversed on appeal, the
enhancement shall be suspended pending retrial of that felony. Upon
retrial and reconviction, the enhancement shall be reimposed. If the
person is no longer in custody for the secondary offense upon
reconviction of the primary offense, the court may, at its
discretion, reimpose the enhancement and order him or her recommitted
to custody.



12022.2. (a) Any person who, while armed with a firearm in the
commission or attempted commission of any felony, has in his or her
immediate possession ammunition for the firearm designed primarily to
penetrate metal or armor, shall upon conviction of that felony or
attempted felony, in addition and consecutive to the punishment
prescribed for the felony or attempted felony, be punished by an
additional term of 3, 4, or 10 years. The court shall order the
middle term unless there are circumstances in aggravation or
mitigation. The court shall state the reasons for its enhancement
choice on the record at the time of the sentence.
(b) Any person who wears a body vest in the commission or
attempted commission of a violent offense, as defined in subdivision
(b) of Section 12021.1, shall, upon conviction of that felony or
attempted felony, in addition and consecutive to the punishment
prescribed for the felony or attempted felony of which he or she has
been convicted, be punished by an additional term of one, two, or
five years. The court shall order the middle term unless there are
circumstances in aggravation or mitigation. The court shall state
the reasons for its enhancement choice on the record at the time of
the sentence.
(c) As used in this section, "body vest" means any
bullet-resistant material intended to provide ballistic and trauma
protection for the wearer.



12022.3. For each violation or attempted violation of Section 261,
262, 264.1, 286, 288, 288a, or 289, and in addition to the sentence
provided, any person shall receive the following:
(a) A 3-, 4-, or 10-year enhancement if the person uses a firearm
or a deadly weapon in the commission of the violation.
(b) A one-, two-, or five-year enhancement if the person is armed
with a firearm or a deadly weapon. The court shall order the middle
term unless there are circumstances in aggravation or mitigation.
The court shall state the reasons for its enhancement choice on the
record at the time of the sentence.



12022.4. Any person who, during the commission or attempted
commission of a felony, furnishes or offers to furnish a firearm to
another for the purpose of aiding, abetting, or enabling that person
or any other person to commit a felony shall, in addition and
consecutive to the punishment prescribed by the felony or attempted
felony of which the person has been convicted, be punished by an
additional term of one, two, or three years in the state prison. The
court shall order the middle term unless there are circumstances in
aggravation or mitigation. The court shall state the reasons for its
enhancement choice on the record at the time of the sentence. The
additional term provided in this section shall not be imposed unless
the fact of the furnishing is charged in the accusatory pleading and
admitted or found to be true by the trier of fact.



12022.5. (a) Except as provided in subdivision (b), any person who
personally uses a firearm in the commission of a felony or attempted
felony shall be punished by an additional and consecutive term of
imprisonment in the state prison for 3, 4, or 10 years, unless use of
a firearm is an element of that offense.
(b) Notwithstanding subdivision (a), any person who personally
uses an assault weapon, as specified in Section 12276 or Section
12276.1, or a machinegun, as defined in Section 12200, in the
commission of a felony or attempted felony, shall be punished by an
additional and consecutive term of imprisonment in the state prison
for 5, 6, or 10 years.
(c) Notwithstanding Section 1385 or any other provisions of law,
the court shall not strike an allegation under this section or a
finding bringing a person within the provisions of this section.
(d) Notwithstanding the limitation in subdivision (a) relating to
being an element of the offense, the additional term provided by this
section shall be imposed for any violation of Section 245 if a
firearm is used, or for murder if the killing is perpetrated by means
of shooting a firearm from a motor vehicle, intentionally at another
person outside of the vehicle with the intent to inflict great
bodily injury or death.
(e) When a person is found to have personally used a firearm, an
assault weapon, a machinegun, or a .50 BMG rifle, in the commission
of a felony or attempted felony as provided in this section and the
firearm, assault weapon, machinegun, or a .50 BMG rifle, is owned by
that person, the court shall order that the firearm be deemed a
nuisance and disposed of in the manner provided in Section 12028.
(f) For purposes of imposing an enhancement under Section 1170.1,
the enhancements under this section shall count as one, single
enhancement.



12022.53. (a) This section applies to the following felonies:
(1) Section 187 (murder).
(2) Section 203 or 205 (mayhem).
(3) Section 207, 209, or 209.5 (kidnapping).
(4) Section 211 (robbery).
(5) Section 215 (carjacking).
(6) Section 220 (assault with intent to commit a specified
felony).
(7) Subdivision (d) of Section 245 (assault with a firearm on a
peace officer or firefighter).
(8) Section 261 or 262 (rape).
(9) Section 264.1 (rape or ***ual penetration in concert).
(10) Section 286 (sodomy).
(11) Section 288 or 288.5 (lewd act on a child).
(12) Section 288a (oral copulation).
(13) Section 289 (***ual penetration).
(14) Section 4500 (assault by a life prisoner).
(15) Section 4501 (assault by a prisoner).
(16) Section 4503 (holding a hostage by a prisoner).
(17) Any felony punishable by death or imprisonment in the state
prison for life.
(18) Any attempt to commit a crime listed in this subdivision
other than an assault.
(b) Notwithstanding any other provision of law, any person who, in
the commission of a felony specified in subdivision (a), personally
uses a firearm, shall be punished by an additional and consecutive
term of imprisonment in the state prison for 10 years. The firearm
need not be operable or loaded for this enhancement to apply.
(c) Notwithstanding any other provision of law, any person who, in
the commission of a felony specified in subdivision (a), personally
and intentionally discharges a firearm, shall be punished by an
additional and consecutive term of imprisonment in the state prison
for 20 years.
(d) Notwithstanding any other provision of law, any person who, in
the commission of a felony specified in subdivision (a), Section
246, or subdivision (c) or (d) of Section 12034, personally and
intentionally discharges a firearm and proximately causes great
bodily injury, as defined in Section 12022.7, or death, to any person
other than an accomplice, shall be punished by an additional and
consecutive term of imprisonment in the state prison for 25 years to
life.
(e) (1) The enhancements provided in this section shall apply to
any person who is a principal in the commission of an offense if both
of the following are pled and proved:
(A) The person violated subdivision (b) of Section 186.22.
(B) Any principal in the offense committed any act specified in
subdivision (b), (c), or (d).
(2) An enhancement for participation in a criminal street gang
pursuant to Chapter 11 (commencing with Section 186.20) of Title 7 of
Part 1 shall not be imposed on a person in addition to an
enhancement imposed pursuant to this subdivision, unless the person
personally used or personally discharged a firearm in the commission
of the offense.
(f) Only one additional term of imprisonment under this section
shall be imposed per person for each crime. If more than one
enhancement per person is found true under this section, the court
shall impose upon that person the enhancement that provides the
longest term of imprisonment. An enhancement involving a firearm
specified in Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or
12022.55 shall not be imposed on a person in addition to an
enhancement imposed pursuant to this section. An enhancement for
great bodily injury as defined in Section 12022.7, 12022.8, or
12022.9 shall not be imposed on a person in addition to an
enhancement imposed pursuant to subdivision (d).
(g) Notwithstanding any other provision of law, probation shall
not be granted to, nor shall the execution or imposition of sentence
be suspended for, any person found to come within the provisions of
this section.
(h) Notwithstanding Section 1385 or any other provision of law,
the court shall not strike an allegation under this section or a
finding bringing a person within the provisions of this section.
(i) The total amount of credits awarded pursuant to Article 2.5
(commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 or
pursuant to Section 4019 or any other provision of law shall not
exceed 15 percent of the total term of imprisonment imposed on a
defendant upon whom a sentence is imposed pursuant to this section.
(j) For the penalties in this section to apply, the existence of
any fact required under subdivision (b), (c), or (d) shall be alleged
in the accusatory pleading and either admitted by the defendant in
open court or found to be true by the trier of fact. When an
enhancement specified in this section has been admitted or found to
be true, the court shall impose punishment for that enhancement
pursuant to this section rather than imposing punishment authorized
under any other provision of law, unless another enhancement provides
for a greater penalty or a longer term of imprisonment.
(k) When a person is found to have used or discharged a firearm in
the commission of an offense that includes an allegation pursuant to
this section and the firearm is owned by that person, a
coparticipant, or a coconspirator, the court shall order that the
firearm be deemed a nuisance and disposed of in the manner provided
in Section 12028.
(l) The enhancements specified in this section shall not apply to
the lawful use or discharge of a firearm by a public officer, as
provided in Section 196, or by any person in lawful self-defense,
lawful defense of another, or lawful defense of property, as provided
in Sections 197, 198, and 198.5.


12022.55. Notwithstanding Section 12022.5, any person who, with the
intent to inflict great bodily injury or death, inflicts great
bodily injury, as defined in Section 12022.7, or causes the death of
a person, other than an occupant of a motor vehicle, as a result of
discharging a firearm from a motor vehicle in the commission of a
felony or attempted felony, shall be punished by an additional and
consecutive term of imprisonment in the state prison for 5, 6, or 10
years.


12022.6. (a) When any person takes, damages, or destroys any
property in the commission or attempted commission of a felony, with
the intent to cause that taking, damage, or destruction, the court
shall impose an additional term as follows:
(1) If the loss exceeds sixty-five thousand dollars ($65,000), the
court, in addition and consecutive to the punishment prescribed for
the felony or attempted felony of which the defendant has been
convicted, shall impose an additional term of one year.
(2) If the loss exceeds two hundred thousand dollars ($200,000),
the court, in addition and consecutive to the punishment prescribed
for the felony or attempted felony of which the defendant has been
convicted, shall impose an additional term of two years.
(3) If the loss exceeds one million three hundred thousand dollars
($1,300,000), the court, in addition and consecutive to the
punishment prescribed for the felony or attempted felony of which the
defendant has been convicted, shall impose an additional term of
three years.
(4) If the loss exceeds three million two hundred thousand dollars
($3,200,000), the court, in addition and consecutive to the
punishment prescribed for the felony or attempted felony of which the
defendant has been convicted, shall impose an additional term of
four years.
(b) In any accusatory pleading involving multiple charges of
taking, damage, or destruction, the additional terms provided in this
section may be imposed if the aggregate losses to the victims from
all felonies exceed the amounts specified in this section and arise
from a common scheme or plan. All pleadings under this section shall
remain subject to the rules of joinder and severance stated in
Section 954.
(c) The additional terms provided in this section shall not be
imposed unless the facts of the taking, damage, or destruction in
excess of the amounts provided in this section are charged in the
accusatory pleading and admitted or found to be true by the trier of
fact.
(d) This section applies to, but is not limited to, property
taken, damaged, or destroyed in violation of Section 502 or
subdivision (b) of Section 502.7. This section shall also apply to
applicable prosecutions for a violation of Section 350, 653h, 653s,
or 653w.
(e) For the purposes of this section, the term "loss" has the
following meanings:
(1) When counterfeit items of computer software are manufactured
or possessed for sale, the "loss" from the counterfeiting of those
items shall be equivalent to the retail price or fair market value of
the true items that are counterfeited.
(2) When counterfeited but unassembled components of computer
software packages are recovered, including, but not limited to,
counterfeited computer diskettes, instruction manuals, or licensing
envelopes, the "loss" from the counterfeiting of those components of
computer software packages shall be equivalent to the retail price or
fair market value of the number of completed computer software
packages that could have been made from those components.
(f) It is the intent of the Legislature that the provisions of
this section be reviewed within 10 years to consider the effects of
inflation on the additional terms imposed. For that reason this
section shall remain in effect only until January 1, 2018, and as of
that date is repealed unless a later enacted statute, which is
enacted before January 1, 2018, deletes or extends that date.



12022.7. (a) Any person who personally inflicts great bodily injury
on any person other than an accomplice in the commission of a felony
or attempted felony shall be punished by an additional and
consecutive term of imprisonment in the state prison for three years.

(b) Any person who personally inflicts great bodily injury on any
person other than an accomplice in the commission of a felony or
attempted felony which causes the victim to become comatose due to
brain injury or to suffer paralysis of a permanent nature, shall be
punished by an additional and consecutive term of imprisonment in the
state prison for five years. As used in this subdivision,
"paralysis" means a major or complete loss of motor function
resulting from injury to the nervous system or to a muscular
mechanism.
(c) Any person who personally inflicts great bodily injury on a
person who is 70 years of age or older, other than an accomplice, in
the commission of a felony or attempted felony shall be punished by
an additional and consecutive term of imprisonment in the state
prison for five years.
(d) Any person who personally inflicts great bodily injury on a
child under the age of five years in the commission of a felony or
attempted felony shall be punished by an additional and consecutive
term of imprisonment in the state prison for four, five, or six
years.
(e) Any person who personally inflicts great bodily injury under
circumstances involving domestic violence in the commission of a
felony or attempted felony shall be punished by an additional and
consecutive term of imprisonment in the state prison for three, four,
or five years. As used in this subdivision, "domestic violence" has
the meaning provided in subdivision (b) of Section 13700.
(f) As used in this section, "great bodily injury" means a
significant or substantial physical injury.
(g) This section shall not apply to murder or manslaughter or a
violation of Section 451 or 452. Subdivisions (a), (b), (c), and (d)
shall not apply if infliction of great bodily injury is an element
of the offense.
(h) The court shall impose the additional terms of imprisonment
under either subdivision (a), (b), (c), or (d), but may not impose
more than one of those terms for the same offense.



12022.75. (a) Except as provided in subdivision (b), any person
who, for the purpose of committing a felony, administers by
injection, inhalation, ingestion, or any other means, any controlled
substance listed in Section 11054, 11055, 11056, 11057, or 11058 of
the Health and Safety Code, against the victim's will by means of
force, violence, or fear of immediate and unlawful bodily injury to
the victim or another person, shall, in addition and consecutive to
the penalty provided for the felony or attempted felony of which he
or she has been convicted, be punished by an additional term of three
years.
(b) (1) Any person who, in the commission or attempted commission
of any offense specified in paragraph (2), administers any controlled
substance listed in Section 11054, 11055, 11056, 11057, or 11058 of
the Health and Safety Code to the victim shall be punished by an
additional and consecutive term of imprisonment in the state prison
for five years.
(2) This subdivision shall apply to the following offenses:
(A) Rape, in violation of paragraph (3) or (4) of subdivision (a)
of Section 261.
(B) Sodomy, in violation of subdivision (f) or (i) of Section 286.

(C) Oral copulation, in violation of subdivision (f) or (i) of
Section 288a.
(D) ***ual penetration, in violation of subdivision (d) or (e) of
Section 289.
(E) Any offense specified in subdivision (c) of Section 667.61.



12022.8. Any person who inflicts great bodily injury, as defined in
Section 12022.7, on any victim in a violation or attempted violation
of paragraph (2), (3), or (6) of subdivision (a) of Section 261,
paragraph (1) or (4) of subdivision (a) of Section 262, Section
264.1, subdivision (b) of Section 288, subdivision (a) of Section
289, or sodomy or oral copulation by force, violence, duress, menace,
or fear of immediate and unlawful bodily injury on the victim or
another person as provided in Section 286 or 288a shall receive a
five-year enhancement for each such violation in addition to the
sentence provided for the felony conviction.




12022.85. (a) Any person who violates one or more of the offenses
listed in subdivision (b) with knowledge that he or she has acquired
immune deficiency syndrome (AIDS) or with the knowledge that he or
she carries antibodies of the human immunodeficiency virus at the
time of the commission of those offenses, shall receive a three-year
enhancement for each violation in addition to the sentence provided
under those sections.
(b) Subdivision (a) applies to the following crimes:
(1) Rape in violation of Section 261.
(2) Unlawful intercourse with a person under 18 years of age in
violation of Section 261.5.
(3) Rape of a spouse in violation of Section 262.
(4) Sodomy in violation of Section 286.
(5) Oral copulation in violation of Section 288a.
(c) For purposes of proving the knowledge requirement of this
section, the prosecuting attorney may use test results received under
subdivision (c) of Section 1202.1 or subdivision (g) of Section
1202.6.



12022.9. Any person who, during the commission of a felony or
attempted felony, knows or reasonably should know that the victim is
pregnant, and who, with intent to inflict injury, and without the
consent of the woman, personally inflicts injury upon a pregnant
woman that results in the termination of the pregnancy shall be
punished by an additional and consecutive term of imprisonment in the
state prison for five years. The additional term provided in this
subdivision shall not be imposed unless the fact of that injury is
charged in the accusatory pleading and admitted or found to be true
by the trier of fact.
Nothing in this section shall be construed as affecting the
applicability of subdivision (a) of Section 187.



12022.95. Any person convicted of a violation of Section 273a, who
under circumstances or conditions likely to produce great bodily harm
or death, willfully causes or permits any child to suffer, or
inflicts thereon unjustifiable physical pain or injury that results
in death, or having the care or custody of any child, under
circumstances likely to produce great bodily harm or death, willfully
causes or permits that child to be injured or harmed, and that
injury or harm results in death, shall receive a four-year
enhancement for each violation, in addition to the sentence provided
for that conviction. Nothing in this paragraph shall be construed as
affecting the applicability of subdivision (a) of Section 187 or
Section 192. This section shall not apply unless the allegation is
included within an accusatory pleading and admitted by the defendant
or found to be true by the trier of fact.



12023. (a) Every person who carries a loaded firearm with the
intent to commit a felony is guilty of armed criminal action.
(b) Armed criminal action is punishable by imprisonment in a
county jail not exceeding one year, or in the state prison.




12024. Every person having upon him or her any deadly weapon, with
intent to assault another, is guilty of a misdemeanor.



12025. (a) A person is guilty of carrying a concealed firearm when
he or she does any of the following:
(1) Carries concealed within any vehicle which is under his or her
control or direction any pistol, revolver, or other firearm capable
of being concealed upon the person.
(2) Carries concealed upon his or her person any pistol, revolver,
or other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which he
or she is an occupant any pistol, revolver, or other firearm capable
of being concealed upon the person.
(b) Carrying a concealed firearm in violation of this section is
punishable, as follows:
(1) Where the person previously has been convicted of any felony,
or of any crime made punishable by this chapter, as a felony.
(2) Where the firearm is stolen and the person knew or had
reasonable cause to believe that it was stolen, as a felony.
(3) Where the person is an active participant in a criminal street
gang, as defined in subdivision (a) of Section 186.22, under the
Street Terrorism Enforcement and Prevention Act (Chapter 11
(commencing with Section 186.20) of Title 7 of Part 1), as a felony.

(4) Where the person is not in lawful possession of the firearm,
as defined in this section, or the person is within a class of
persons prohibited from possessing or acquiring a firearm pursuant to
Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code, as a felony.
(5) Where the person has been convicted of a crime against a
person or property, or of a narcotics or dangerous drug violation, by
imprisonment in the state prison, or by imprisonment in a county
jail not to exceed one year, by a fine not to exceed one thousand
dollars ($1,000), or by both that imprisonment and fine.
(6) By imprisonment in the state prison, or by imprisonment in a
county jail not to exceed one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that fine and imprisonment if
both of the following conditions are met:
(A) Both the pistol, revolver, or other firearm capable of being
concealed upon the person and the unexpended ammunition capable of
being discharged from that firearm are either in the immediate
possession of the person or readily accessible to that person, or the
pistol, revolver, or other firearm capable of being concealed upon
the person is loaded as defined in subdivision (g) of Section 12031.

(B) The person is not listed with the Department of Justice
pursuant to paragraph (1) of subdivision (c) of Section 11106, as the
registered owner of that pistol, revolver, or other firearm capable
of being concealed upon the person.
(7) In all cases other than those specified in paragraphs (1) to
(6), inclusive, by imprisonment in a county jail not to exceed one
year, by a fine not to exceed one thousand dollars ($1,000), or by
both that imprisonment and fine.
(c) A peace officer may arrest a person for a violation of
paragraph (6) of subdivision (b) if the peace officer has probable
cause to believe that the person is not listed with the Department of
Justice pursuant to paragraph (1) of subdivision (c) of Section
11106 as the registered owner of the pistol, revolver, or other
firearm capable of being concealed upon the person, and one or more
of the conditions in subparagraph (A) of paragraph (6) of subdivision
(b) is met.
(d) (1) Every person convicted under this section who previously
has been convicted of a misdemeanor offense enumerated in Section
12001.6 shall be punished by imprisonment in a county jail for at
least three months and not exceeding six months, or, if granted
probation, or if the execution or imposition of sentence is
suspended, it shall be a condition thereof that he or she be
imprisoned in a county jail for at least three months.
(2) Every person convicted under this section who has previously
been convicted of any felony, or of any crime made punishable by this
chapter, if probation is granted, or if the execution or imposition
of sentence is suspended, it shall be a condition thereof that he or
she be imprisoned in a county jail for not less than three months.
(e) The court shall apply the three-month minimum sentence as
specified in subdivision (d), except in unusual cases where the
interests of justice would best be served by granting probation or
suspending the imposition or execution of sentence without the
minimum imprisonment required in subdivision (d) or by granting
probation or suspending the imposition or execution of sentence with
conditions other than those set forth in subdivision (d), 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 that disposition.
(f) Firearms carried openly in belt holsters are not concealed
within the meaning of this section.
(g) For purposes of this section, "lawful possession of the
firearm" means that the person who has possession or custody of the
firearm either lawfully owns the firearm or has the permission of the
lawful owner or a person who otherwise has apparent authority to
possess or have custody of the firearm. A person who takes a firearm
without the permission of the lawful owner or without the permission
of a person who has lawful custody of the firearm does not have
lawful possession of the firearm.
(h) (1) The district attorney of each county shall submit annually
a report on or before June 30, to the Attorney General consisting of
profiles by race, age, gender, and ethnicity of any person charged
with a felony or a misdemeanor under this section and any other
offense charged in the same complaint, indictment, or information.
(2) The Attorney General shall submit annually, a report on or
before December 31, to the Legislature compiling all of the reports
submitted pursuant to paragraph (1).
(3) This subdivision shall remain operative until January 1, 2005,
and as of that date shall be repealed.



12025.5. (a) A violation of Section 12025 is justifiable when a
person who possesses a firearm reasonably believes that he or she is
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 his or her
life or safety. This section may 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. It is
not the intent of the Legislature to limit, restrict, or narrow the
application of current statutory or judicial authority to apply this
or other justifications to defendants charged with violating Section
12025 or of committing other similar offenses.
(b) Upon trial for violating Section 12025, the trier of fact
shall determine whether the defendant was acting out of a reasonable
belief that he or she was in grave danger.


12026. (a) Section 12025 shall not apply to or affect any citizen
of the United States or legal resident over the age of 18 years who
resides or is temporarily within this state, and who is not within
the excepted classes prescribed by Section 12021 or 12021.1 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code,
who carries, either openly or concealed, anywhere within the citizen'
s or legal resident's place of residence, place of business, or on
private property owned or lawfully possessed by the citizen or legal
resident any pistol, revolver, or other firearm capable of being
concealed upon the person.
(b) No permit or license to purchase, own, possess, keep, or
carry, either openly or concealed, shall be required of any citizen
of the United States or legal resident over the age of 18 years who
resides or is temporarily within this state, and who is not within
the excepted classes prescribed by Section 12021 or 12021.1 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code, to
purchase, own, possess, keep, or carry, either openly or concealed,
a pistol, revolver, or other firearm capable of being concealed upon
the person within the citizen's or legal resident's place of
residence, place of business, or on private property owned or
lawfully possessed by the citizen or legal resident.
(c) Nothing in this section shall be construed as affecting the
application of Section 12031.



12026.1. (a) Section 12025 shall not be construed to prohibit any
citizen of the United States over the age of 18 years who resides or
is temporarily within this state, and who is not within the excepted
classes prescribed by Section 12021 or 12021.1 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code, from
transporting or carrying any pistol, revolver, or other firearm
capable of being concealed upon the person, provided that the
following applies to the firearm:
(1) The firearm is within a motor vehicle and it is locked in the
vehicle's trunk or in a locked container in the vehicle other than
the utility or glove compartment.
(2) The firearm is carried by the person directly to or from any
motor vehicle for any lawful purpose and, while carrying the firearm,
the firearm is contained within a locked container.
(b) The provisions of this section do not prohibit or limit the
otherwise lawful carrying or transportation of any pistol, revolver,
or other firearm capable of being concealed upon the person in
accordance with this chapter.
(c) As used in this section, "locked container" means a secure
container which is fully enclosed and locked by a padlock, key lock,
combination lock, or similar locking device.



12026.2. (a) Section 12025 does not apply to, or affect, any of the
following:
(1) The possession of a firearm by an authorized participant in a
motion picture, television, or video production or entertainment
event when the participant lawfully uses the firearm as part of that
production or event or while going directly to, or coming directly
from, that production or event.
(2) The possession of a firearm in a locked container by a member
of any club or organization, organized for the purpose of lawfully
collecting and lawfully displaying pistols, revolvers, or other
firearms, while the member is at meetings of the clubs or
organizations or while going directly to, and coming directly from,
those meetings.
(3) The transportation of a firearm by a participant when going
directly to, or coming directly from, a recognized safety or hunter
safety class, or a recognized sporting event involving that firearm.

(4) The transportation of a firearm by a person listed in Section
12026 directly between any of the places mentioned in Section 12026.

(5) The transportation of a firearm by a person when going
directly to, or coming directly from, a fixed place of business or
private residential property for the purpose of the lawful repair or
the lawful transfer, sale, or loan of that firearm.
(6) The transportation of a firearm by a person listed in Section
12026 when going directly from the place where that person lawfully
received that firearm to that person's place of residence or place of
business or to private property owned or lawfully possessed by that
person.
(7) The transportation of a firearm by a person when going
directly to, or coming directly from, a gun show, swap meet, or
similar event to which the public is invited, for the purpose of
displaying that firearm in a lawful manner.
(8) The transportation of a firearm by an authorized employee or
agent of a supplier of firearms when going directly to, or coming
directly from, a motion picture, television, or video production or
entertainment event for the purpose of providing that firearm to an
authorized participant to lawfully use as a part of that production
or event.
(9) The transportation of a firearm by a person when going
directly to, or coming directly from, a target range, which holds a
regulatory or business license, for the purposes of practicing
shooting at targets with that firearm at that target range.
(10) The transportation of a firearm by a person when going
directly to, or coming directly from, a place designated by a person
authorized to issue licenses pursuant to Section 12050 when done at
the request of the issuing agency so that the issuing agency can
determine whether or not a license should be issued to that person to
carry that firearm.
(11) The transportation of a firearm by a person when going
directly to, or coming directly from, a lawful camping activity for
the purpose of having that firearm available for lawful personal
protection while at the lawful campsite. This paragraph shall not be
construed to override the statutory authority granted to the
Department of Parks and Recreation or any other state or local
governmental agencies to promulgate rules and regulations governing
the administration of parks and campgrounds.
(12) The transportation of a firearm by a person in order to
comply with subdivision (c) or (i) of Section 12078 as it pertains to
that firearm.
(13) The transportation of a firearm by a person in order to
utilize subdivision (l) of Section 12078 as it pertains to that
firearm.
(14) The transportation of a firearm by a person when going
directly to, or coming directly from, a gun show or event, as defined
in Section 478.100 of Title 27 of the Code of Federal Regulations,
for the purpose of lawfully transferring, selling, or loaning that
firearm in accordance with subdivision (d) of Section 12072.
(15) The transportation of a firearm by a person in order to
utilize paragraph (6) of subdivision (a) of Section 12078 as it
pertains to that firearm.
(16) The transportation of a firearm by a person who finds the
firearm in order to comply with Article 1 (commencing with Section
2080) of Chapter 4 of Division 3 of the Civil Code as it pertains to
that firearm and if that firearm is being transported to a law
enforcement agency, the person gives prior notice to the law
enforcement agency that he or she is transporting the firearm to the
law enforcement agency.
(17) The transportation of a firearm by a person in order to
comply with paragraph (2) of subdivision (f) of Section 12072 as it
pertains to that firearm.
(18) The transportation of a firearm by a person who finds the
firearm and is transporting it to a law enforcement agency for
disposition according to law, if he or she gives prior notice to the
law enforcement agency that he or she is transporting the firearm to
the law enforcement agency for disposition according to law.
(19) The transportation of a firearm by a person in order to
comply with paragraph (3) of subdivision (f) of Section 12072 as it
pertains to that firearm.
(20) The transportation of a firearm by a person for the purpose
of obtaining an identification number or mark assigned for that
firearm from the Department of Justice pursuant to Section 12092.
(b) In order for a firearm to be exempted under subdivision (a),
while being transported to or from a place, the firearm shall be
unloaded, kept in a locked container, as defined in subdivision (d),
and the course of travel shall include only those deviations between
authorized locations as are reasonably necessary under the
circumstances.
(c) This section does not prohibit or limit the otherwise lawful
carrying or transportation of any pistol, revolver, or other firearm
capable of being concealed upon the person in accordance with this
chapter.
(d) As used in this section, "locked container" means a secure
container which is fully enclosed and locked by a padlock, keylock,
combination lock, or similar locking device. The term "locked
container" does not include the utility or glove compartment of a
motor vehicle.



12027. Section 12025 does not apply to, or affect, any of the
following:
(a) (1) (A) Any peace officer, listed in Section 830.1 or 830.2,
or subdivision (a) of Section 830.33, whether active or honorably
retired, other duly appointed peace officers, honorably retired peace
officers listed in subdivision (c) of Section 830.5, other honorably
retired peace officers who during the course and scope of their
employment as peace officers were authorized to, and did, carry
firearms, full-time paid peace officers of other states and the
federal government who are carrying out official duties while in
California, or any person summoned by any of these officers to assist
in making arrests or preserving the peace while he or she is
actually engaged in assisting that officer. Any peace officer
described in this paragraph who has been honorably retired shall be
issued an identification certificate by the law enforcement agency
from which the officer has retired. The issuing agency may charge a
fee necessary to cover any reasonable expenses incurred by the agency
in issuing certificates pursuant to this subdivision. As used in
this section and Section 12031, the term "honorably retired" includes
all peace officers who have qualified for, and have accepted, a
service or disability retirement. For purposes of this section and
Section 12031, the term "honorably retired" does not include an
officer who has agreed to a service retirement in lieu of
termination.
(B) Any officer, except an officer listed in Section 830.1 or
830.2, subdivision (a) of Section 830.33, or subdivision (c) of
Section 830.5 who retired prior to January 1, 1981, shall have an
endorsement on the identification certificate stating that the
issuing agency approves the officer's carrying of a concealed
firearm.
(C) No endorsement or renewal endorsement issued pursuant to
paragraph (2) shall be effective unless it is in the format set forth
in subparagraph (D), except that any peace officer listed in
subdivision (f) of Section 830.2 or in subdivision (c) of Section
830.5, who is retired between January 2, 1981, and on or before
December 31, 1988, and who is authorized to carry a concealed firearm
pursuant to this section, shall not be required to have an
endorsement in the format set forth in subparagraph (D) until the
time of the issuance, on or after January 1, 1989, of a renewal
endorsement pursuant to paragraph (2).
(D) A certificate issued pursuant to this paragraph for persons
who are not listed in Section 830.1 or 830.2, subdivision (a) of
Section 830.33, or subdivision (c) of Section 830.5 or for persons
retiring after January 1, 1981, shall be in the following format: it
shall be on a 2 X3 inch card, bear the photograph of the retiree, the
retiree's name, date of birth, the date that the retiree retired,
name and address of the agency from which the retiree retired, have
stamped on it the endorsement "CCW Approved" and the date the
endorsement is to be renewed. A certificate issued pursuant to this
paragraph shall not be valid as identification for the sale,
purchase, or transfer of a firearm.
(E) For purposes of this section and Section 12031, "CCW" means
"carry concealed weapons."
(2) A retired peace officer, except an officer listed in Section
830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c)
of Section 830.5 who retired prior to January 1, 1981, shall
petition the issuing agency for the renewal of his or her privilege
to carry a concealed firearm every five years. An honorably retired
peace officer listed in Section 830.1 or 830.2, subdivision (a) of
Section 830.33, or subdivision (c) of Section 830.5 who retired prior
to January 1, 1981, shall not be required to obtain an endorsement
from the issuing agency to carry a concealed firearm. The agency from
which a peace officer is honorably retired may, upon initial
retirement of that peace officer, or at any time subsequent thereto,
deny or revoke for good cause the retired officer's privilege to
carry a concealed firearm. A peace officer who is listed in Section
830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c)
of Section 830.5 who retired prior to January 1, 1981, shall have
his or her privilege to carry a concealed firearm denied or revoked
by having the agency from which the officer retired stamp on the
officer's identification certificate "No CCW privilege."
(3) An honorably retired peace officer who is listed in
subdivision (c) of Section 830.5 and authorized to carry concealed
firearms by this subdivision shall meet the training requirements of
Section 832 and shall qualify with the firearm at least annually. The
individual retired peace officer shall be responsible for
maintaining his or her eligibility to carry a concealed firearm. The
Department of Justice shall provide subsequent arrest notification
pursuant to Section 11105.2 regarding honorably retired peace
officers listed in subdivision (c) of Section 830.5 to the agency
from which the officer has retired.
(b) The possession or transportation of unloaded pistols,
revolvers, or other firearms capable of being concealed upon the
person as merchandise by a person who is engaged in the business of
manufacturing, importing, wholesaling, repairing, or dealing in
firearms and who is licensed to engage in that business or the
authorized representative or authorized agent of that person while
engaged in the lawful course of the business.
(c) Members of the Army, Navy, Air Force, Coast Guard, or Marine
Corps of the United States, or the National Guard, when on duty, or
organizations which are by law authorized to purchase or receive
those weapons from the United States or this state.
(d) The carrying of unloaded pistols, revolvers, or other firearms
capable of being concealed upon the person by duly authorized
military or civil organizations while parading, or the members
thereof when going to and from the places of meeting of their
respective organizations.
(e) Guards or messengers of common carriers, banks, and other
financial institutions while actually employed in and about the
shipment, transportation, or delivery of any money, treasure,
bullion, bonds, or other thing of value within this state.
(f) Members of any club or organization organized for the purpose
of practicing shooting at targets upon established target ranges,
whether public or private, while the members are using pistols,
revolvers, or other firearms capable of being concealed upon the
person upon the target ranges, or transporting these firearms
unloaded when going to and from the ranges.
(g) Licensed hunters or fishermen carrying pistols, revolvers, or
other firearms capable of being concealed upon the person while
engaged in hunting or fishing, or transporting those firearms
unloaded when going to or returning from the hunting or fishing
expedition.
(h) Transportation of unloaded firearms by a person operating a
licensed common carrier or an authorized agent or employee thereof
when transported in conformance with applicable federal law.
(i) Upon approval of the sheriff of the county in which they
reside, honorably retired federal officers or agents of federal law
enforcement agencies, including, but not limited to, the Federal
Bureau of Investigation, the Secret Service, the United States
Customs Service, the Federal Bureau of Alcohol, Tobacco, and
Firearms, the Federal Bureau of Narcotics, the Drug Enforcement
Administration, the United States Border Patrol, and officers or
agents of the Internal Revenue Service who were authorized to carry
weapons while on duty, who were assigned to duty within the state for
a period of not less than one year, or who retired from active
service in the state.
Retired federal officers or agents shall provide the sheriff with
certification from the agency from which they retired certifying
their service in the state, the nature of their retirement, and
indicating the agency's concurrence that the retired federal officer
or agent should be accorded the privilege of carrying a concealed
firearm.
Upon that approval, the sheriff shall issue a permit to the
retired federal officer or agent indicating that he or she may carry
a concealed firearm in accordance with this subdivision. The permit
shall be valid for a period not exceeding five years, shall be
carried by the retiree while carrying a concealed firearm, and may be
revoked for good cause.
The sheriff of the county in which the retired federal officer or
agent resides may require recertification prior to a permit renewal,
and may suspend the privilege for cause. The sheriff may charge a fee
necessary to cover any reasonable expenses incurred by the county.
(j) The carrying of a pistol, revolver, or other firearm capable
of being concealed upon the person by a person who is authorized to
carry that weapon in a concealed manner pursuant to Article 3
(commencing with Section 12050).



12027.1. (a) (1) (A) (i) Any peace officer employed by an agency
and listed in Section 830.1 or 830.2 or subdivision (c) of Section
830.5 who retired after January 1, 1981, shall have an endorsement on
the identification certificate stating that the issuing agency
approves the officer's carrying of a concealed and loaded firearm.
(ii) Any peace officer listed in Section 830.1 or 830.2 or
subdivision (c) of Section 830.5 who retired prior to January 1,
1981, is authorized to carry a concealed and loaded firearm if the
agency issued the officer an identification certificate and the
certificate has not been stamped as specified in paragraph (2) of
subdivision (a) of Section 12027.
(iii) Peace officers not listed in clause (i) or (ii) who were
authorized to, and did, carry firearms during the course and scope of
their employment as peace officers, shall have an endorsement on the
identification certificate stating that the issuing agency approves
the officer's carrying of a concealed and loaded firearm.
(B) An identification certificate authorizing the officer to carry
a concealed and loaded firearm or an endorsement on the certificate
may be revoked or denied by the issuing agency only upon a showing of
good cause. Good cause shall be determined at a hearing, as
specified in subdivision (d).
(2) A retired peace officer may have his or her privilege to carry
a concealed and loaded firearm revoked or denied by violating any
departmental rule, or state or federal law that, if violated by an
officer on active duty, would result in that officer's arrest,
suspension, or removal from the agency.
(b) (1) An identification certificate authorizing the officer to
carry a concealed and loaded firearm or an endorsement may be revoked
or denied by the issuing agency only upon a showing of good cause.
Good cause shall be determined at a hearing, as specified in
subdivision (d).
(2) An identification certificate authorizing the officer to carry
a concealed and loaded firearm or an endorsement may be revoked only
after a hearing, as specified in subdivision (d). Any retired peace
officer whose identification certificate authorizing the officer to
carry a concealed and loaded firearm or an endorsement is to be
revoked shall have 15 days to respond to the notice of the hearing.
Notice of the hearing shall be served either personally on the
retiree or sent by first-class mail, postage prepaid, return receipt
requested to the retiree's last known place of residence. Upon the
date the agency receives the signed registered receipt or upon the
date the notice is served personally on the retiree, the retiree
shall have 15 days to respond to the notification. A retired peace
officer who fails to respond to the notice of the hearing shall
forfeit his or her right to respond.
(3) An identification certificate authorizing the officer to carry
a concealed and loaded firearm or an endorsement may be denied prior
to a hearing. If a hearing is not conducted prior to the denial of
an endorsement, a retired peace officer, within 15 days of the
denial, shall have the right to request a hearing. A retired peace
officer who fails to request a hearing pursuant to this paragraph
shall forfeit his or her right to the hearing.
(c) A retired peace officer, when notified of the revocation of
his or her privilege to carry a concealed and loaded firearm, after
the hearing, or upon forfeiting his or her right to a hearing, shall
immediately surrender to the issuing agency his or her identification
certificate. The issuing agency shall reissue a new identification
certificate without an endorsement. However, if the peace officer
retired prior to January 1, 1981, and was at the time of his or her
retirement a peace officer listed in Section 830.1 or 830.2 or
subdivision (c) of Section 830.5, the issuing agency shall stamp on
the identification certificate "No CCW privilege."
(d) Any hearing conducted under this section shall be held before
a three-member hearing board. One member of the board shall be
selected by the agency and one member shall be selected by the
retired peace officer or his or her employee organization. The third
member shall be selected jointly by the agency and the retired peace
officer or his or her employee organization.
Any decision by the board shall be binding on the agency and the
retired peace officer.
(e) No peace officer who is retired after January 1, 1989, because
of a psychological disability shall be issued an endorsement to
carry a concealed and loaded firearm pursuant to this section.



12028. (a) The unlawful concealed carrying upon the person of any
explosive substance, other than fixed ammunition, dirk, or dagger, as
provided in Section 12020, the unlawful carrying of any handguns in
violation of Section 12025, and the unlawful possession or carrying
of any item in violation of Section 653k is a nuisance.
(b) (1) Except as provided in paragraph (2), a firearm of any
nature owned or possessed in violation of Section 12021, 12021.1, or
12101 of this code, or Chapter 3 (commencing with Section 8100) of
Division 5 of the Welfare and Institutions Code, or used in the
commission of any misdemeanor as provided in this code, any felony,
or an attempt to commit any misdemeanor as provided in this code or
any felony, is, upon a conviction of the defendant or upon a juvenile
court finding that an offense which would be a misdemeanor or felony
if committed by an adult was committed or attempted by the juvenile
with the use of a firearm, a nuisance. A finding that the defendant
was guilty of the offense but was insane at the time the offense was
committed is a conviction for the purposes of this section.
(2) A firearm is not a nuisance pursuant to this subdivision if
the firearm owner disposes of his or her firearm pursuant to
paragraph (2) of subdivision (d) of Section 12021.
(c) Any weapon described in subdivision (a), or, upon conviction
of the defendant or upon a juvenile court finding that an offense
which would be a misdemeanor or felony if committed by an adult was
committed or attempted by the juvenile with the use of a firearm, any
weapon described in subdivision (b) shall be surrendered to the
sheriff of a county or the chief of police or other head of a
municipal police department of any city or city and county or the
chief of police of any campus of the University of California or the
California State University or the Commissioner of the California
Highway Patrol. For purposes of this subdivision, the Commissioner
of the California Highway Patrol shall receive only weapons that were
confiscated by a member of the California Highway Patrol. The
officers to whom the weapons are surrendered, except upon the
certificate of a judge of a court of record, or of the district
attorney of the county, that the retention thereof is necessary or
proper to the ends of justice, may annually, between the 1st and 10th
days of July, in each year, offer the weapons, which the officers in
charge of them consider to have value with respect to sporting,
recreational, or collection purposes, for sale at public auction to
persons licensed pursuant to Section 12071 to engage in businesses
involving any weapon purchased. If any weapon has been stolen and is
thereafter recovered from the thief or his or her transferee, or is
used in a manner as to constitute a nuisance pursuant to subdivision
(a) or (b) without the prior knowledge of its lawful owner that it
would be so used, it shall not be so offered for sale but shall be
restored to the lawful owner, as soon as its use as evidence has been
served, upon his or her identification of the weapon and proof of
ownership, and after the law enforcement agency has complied with
Section 12021.3.
(d) If, under this section, a weapon is not of the type that can
be sold to the public, generally, or is not sold pursuant to
subdivision (c), the weapon, in the month of July, next succeeding,
or sooner, if necessary to conserve local resources including space
and utilization of personnel who maintain files and security of those
weapons, shall be destroyed so that it can no longer be used as such
a weapon except upon the certificate of a judge of a court of
record, or of the district attorney of the county, that the retention
of it is necessary or proper to the ends of justice.
(e) This section does not apply to any firearm in the possession
of the Department of Fish and Game or which was used in the violation
of any provision of the Fish and Game Code or any regulation adopted
pursuant thereto, or which is forfeited pursuant to Section 5008.6
of the Public Resources Code.
(f) No stolen weapon shall be sold or destroyed pursuant to
subdivision (c) or (d) unless reasonable notice is given to its
lawful owner, if his or her identity and address can be reasonably
ascertained.


12028.5. (a) As used in this section, the following definitions
shall apply:
(1) "Abuse" means any of the following:
(A) Intentionally or recklessly to cause or attempt to cause
bodily injury.
(B) ***ual assault.
(C) To place a person in reasonable apprehension of imminent
serious bodily injury to that person or to another.
(D) To molest, attack, strike, stalk, destroy personal property,
or violate the terms of a domestic violence protective order issued
pursuant to Part 4 (commencing with Section 6300) of Division 10 of
the Family Code.
(2) "Domestic violence" means abuse perpetrated against any of the
following persons:
(A) A spouse or former spouse.
(B) A cohabitant or former cohabitant, as defined in Section 6209
of the Family Code.
(C) A person with whom the respondent is having or has had a
dating or engagement relationship.
(D) A person with whom the respondent has had a child, where the
presumption applies that the male parent is the father of the child
of the female parent under the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12 of the Family Code).
(E) A child of a party or a child who is the subject of an action
under the Uniform Parentage Act, where the presumption applies that
the male parent is the father of the child to be protected.
(F) Any other person related by consanguinity or affinity within
the second degree.
(3) "Deadly weapon" means any weapon, the possession or concealed
carrying of which is prohibited by Section 12020.
(b) A sheriff, undersheriff, deputy sheriff, marshal, deputy
marshal, or police officer of a city, as defined in subdivision (a)
of Section 830.1, a peace officer of the Department of the California
Highway Patrol, as defined in subdivision (a) of Section 830.2, a
member of the University of California Police Department, as defined
in subdivision (b) of Section 830.2, an officer listed in Section
830.6 while acting in the course and scope of his or her employment
as a peace officer, a member of a California State University Police
Department, as defined in subdivision (c) of Section 830.2, a peace
officer of the Department of Parks and Recreation, as defined in
subdivision (f) of Section 830.2, a peace officer, as defined in
subdivision (d) of Section 830.31, a peace officer, as defined in
subdivisions (a) and (b) of Section 830.32, and a peace officer, as
defined in Section 830.5, who is at the scene of a domestic violence
incident involving a threat to human life or a physical assault,
shall take temporary custody of any firearm or other deadly weapon in
plain sight or discovered pursuant to a consensual or other lawful
search as necessary for the protection of the peace officer or other
persons present. Upon taking custody of a firearm or other deadly
weapon, the officer shall give the owner or person who possessed the
firearm a receipt. The receipt shall describe the firearm or other
deadly weapon and list any identification or serial number on the
firearm. The receipt shall indicate where the firearm or other deadly
weapon can be recovered, the time limit for recovery as required by
this section, and the date after which the owner or possessor can
recover the firearm or other deadly weapon. No firearm or other
deadly weapon shall be held less than 48 hours. Except as provided in
subdivision (f), if a firearm or other deadly weapon is not retained
for use as evidence related to criminal charges brought as a result
of the domestic violence incident or is not retained because it was
illegally possessed, the firearm or other deadly weapon shall be made
available to the owner or person who was in lawful possession 48
hours after the seizure or as soon thereafter as possible, but no
later than five business days after the owner or person who was in
lawful possession demonstrates compliance with Section 12021.3. In
any civil action or proceeding for the return of firearms or
ammunition or other deadly weapon seized by any state or local law
enforcement agency and not returned within five business days
following the initial seizure, except as provided in subdivision (d),
the court shall allow reasonable attorney's fees to the prevailing
party.
(c) Any peace officer, as defined in subdivisions (a) and (b) of
Section 830.32, who takes custody of a firearm or deadly weapon
pursuant to this section shall deliver the firearm within 24 hours to
the city police department or county sheriff's office in the
jurisdiction where the college or school is located.
(d) Any firearm or other deadly weapon that has been taken into
custody that has been stolen shall be restored to the lawful owner,
as soon as its use for evidence has been served, upon his or her
identification of the firearm or other deadly weapon and proof of
ownership, and after the law enforcement agency has complied with
Section 12021.3.
(e) Any firearm or other deadly weapon taken into custody and held
by a police, university police, or sheriff's department or by a
marshal's office, by a peace officer of the Department of the
California Highway Patrol, as defined in subdivision (a) of Section
830.2, by a peace officer of the Department of Parks and Recreation,
as defined in subdivision (f) of Section 830.2, by a peace officer,
as defined in subdivision (d) of Section 830.31, or by a peace
officer, as defined in Section 830.5, for longer than 12 months and
not recovered by the owner or person who has lawful possession at the
time it was taken into custody, shall be considered a nuisance and
sold or destroyed as provided in subdivision (c) of Section 12028.
Firearms or other deadly weapons not recovered within 12 months due
to an extended hearing process as provided in subdivision (j), are
not subject to destruction until the court issues a decision, and
then only if the court does not order the return of the firearm or
other deadly weapon to the owner.
(f) In those cases in which a law enforcement agency has
reasonable cause to believe that the return of a firearm or other
deadly weapon would be likely to result in endangering the victim or
the person reporting the assault or threat, the agency shall advise
the owner of the firearm or other deadly weapon, and within 60 days
of the date of seizure, initiate a petition in superior court to
determine if the firearm or other deadly weapon should be returned.
The law enforcement agency may make an ex parte application stating
good cause for an order extending the time to file a petition.
Including any extension of time granted in response to an ex parte
request, a petition must be filed within 90 days of the date of
seizure of the firearm or other deadly weapon.
(g) The law enforcement agency shall inform the owner or person
who had lawful possession of the firearm or other deadly weapon, at
that person's last known address by registered mail, return receipt
requested, that he or she has 30 days from the date of receipt of the
notice to respond to the court clerk to confirm his or her desire
for a hearing, and that the failure to respond shall result in a
default order forfeiting the confiscated firearm or other deadly
weapon. For the purposes of this subdivision, the person's last known
address shall be presumed to be the address provided to the law
enforcement officer by that person at the time of the family violence
incident. In the event the person whose firearm or other deadly
weapon was seized does not reside at the last address provided to the
agency, the agency shall make a diligent, good faith effort to learn
the whereabouts of the person and to comply with these notification
requirements.
(h) If the person requests a hearing, the court clerk shall set a
hearing no later than 30 days from receipt of that request. The court
clerk shall notify the person, the law enforcement agency involved,
and the district attorney of the date, time, and place of the
hearing. Unless it is shown by a preponderance of the evidence that
the return of the firearm or other deadly weapon would result in
endangering the victim or the person reporting the assault or threat,
the court shall order the return of the firearm or other deadly
weapon and shall award reasonable attorney's fees to the prevailing
party.
(i) If the person does not request a hearing or does not otherwise
respond within 30 days of the receipt of the notice, the law
enforcement agency may file a petition for an order of default and
may dispose of the firearm or other deadly weapon as provided in
Section 12028.
(j) If, at the hearing, the court does not order the return of the
firearm or other deadly weapon to the owner or person who had lawful
possession, that person may petition the court for a second hearing
within 12 months from the date of the initial hearing. If there is a
petition for a second hearing, unless it is shown by clear and
convincing evidence that the return of the firearm or other deadly
weapon would result in endangering the victim or the person reporting
the assault or threat, the court shall order the return of the
firearm or other deadly weapon and shall award reasonable attorney's
fees to the prevailing party. If the owner or person who had lawful
possession does not petition the court within this 12-month period
for a second hearing or is unsuccessful at the second hearing in
gaining return of the firearm or other deadly weapon, the firearm or
other deadly weapon may be disposed of as provided in Section 12028.

(k) The law enforcement agency, or the individual law enforcement
officer, shall not be liable for any act in the good faith exercise
of this section.



12028.7. (a) When a firearm is taken into custody by a law
enforcement officer, the officer shall issue the person who possessed
the firearm a receipt describing the firearm, and listing any serial
number or other identification on the firearm.
(b) The receipt shall indicate where the firearm may be recovered,
any applicable time limit for recovery, and the date after which the
owner or possessor may recover the firearm pursuant to Section
12021.3.
(c) Nothing in this section is intended to displace any existing
law regarding the seizure or return of firearms.



12029. Except as provided in Section 12020, blackjacks, slungshots,
billies, nunchakus, sandclubs, sandbags, shurikens, metal knuckles,
short-barreled shotguns or short-barreled rifles as defined in
Section 12020, and any other item which is listed in subdivision (a)
of Section 12020 and is not listed in subdivision (a) of Section
12028 are nuisances, and the Attorney General, district attorney, or
city attorney may bring an action to enjoin the manufacture of,
importation of, keeping for sale of, offering or exposing for sale,
giving, lending, or possession of, any of the foregoing items. These
weapons shall be subject to confiscation and summary destruction
whenever found within the state. These weapons shall be destroyed in
the same manner as other weapons described in Section 12028, except
that upon the certification of a judge or of the district attorney
that the ends of justice will be subserved thereby, the weapon shall
be preserved until the necessity for its use ceases.



12030. (a) The officer having custody of any firearms which may be
useful to the California National Guard, the Coast Guard Auxiliary,
or to any military or naval agency of the federal or state
government, including, but not limited to, the California National
Guard military museum and resource center, may, upon the authority of
the legislative body of the city, city and county, or county by
which he or she is employed and the approval of the Adjutant General,
deliver the firearms to the commanding officer of a unit of the
California National Guard, the Coast Guard Auxiliary, or any other
military agency of the state or federal government in lieu of
destruction as required by this chapter. The officer delivering the
firearms shall take a receipt for them containing a complete
description thereof and shall keep the receipt on file in his or her
office as a public record.
(b) Any law enforcement agency which has custody of any firearms,
or any parts of any firearms, which are subject to destruction as
required by this chapter may, in lieu of destroying the weapons,
retain and use any of them as may be useful in carrying out the
official duties of the agency, or upon approval of a court, may
release them to any other law enforcement agency for use in carrying
out the official duties of that agency, or may turn over to the
criminalistics laboratory of the Department of Justice or the
criminalistics laboratory of a police department, sheriff's office,
or district attorney's office any weapons which may be useful in
carrying out the official duties of their respective agencies.
(c) Any firearm, or part of any firearm, which, rather than being
destroyed, is used for official purposes pursuant to this section
shall be destroyed by the agency using the weapon when it is no
longer needed by the agency for use in carrying out its official
duties. In the case of firearms or weaponry donated to the
California National Guard military museum and resource center, they
may be disposed of pursuant to Section 179 of the Military and
Veterans Code.
(d) Any law enforcement agency which has custody of any firearms,
or any parts of any firearms, which are subject to destruction as
required by this chapter may, in lieu of destroying the firearms,
obtain an order from the superior court directing the release of the
firearms to the sheriff. The sheriff shall enter those weapons into
the Automated Firearms System (AFS), via the California Law
Enforcement Telecommunications System, with a complete description of
each weapon, including the make, type, category, caliber, and serial
number of the firearms, and the name of the academy receiving the
weapon entered into the AFS miscellaneous field. The sheriff shall
then release the firearms to the basic training academy certified by
the Commission on Peace Officer Standards and Training, so that the
firearms may be used for instructional purposes in the certified
courses. As used in this section, the term "firearms" shall not
include destructive devices, as defined in Section 12301. All
firearms released to an academy shall be under the care, custody, and
control of the particular academy.
Any firearm, or part of any firearm, which is not destroyed, and
is used for the purposes authorized by this section, shall be
returned to the law enforcement agency which had original custody of
the firearm when it is no longer needed by the basic training
academy, or when the basic training academy is no longer certified by
the commission. When those firearms are returned, the law
enforcement agency to whom the firearms are returned, shall on the
date of the return, enter into the Automated Firearms System (AFS),
via the California Law Enforcement Telecommunications System, a
complete description of each weapon, including the make, type,
category, caliber, and serial number of the firearms, and the name of
the entity returning the firearm.
(e) Any law enforcement agency that retains custody of any firearm
pursuant to this section or that destroys a firearm pursuant to
Section 12028 shall notify the Department of Justice of the retention
or destruction. This notification shall consist of a complete
description of each firearm, including the name of the manufacturer
or brand name, model, caliber, and serial number.



12031. (a) (1) A person is guilty of carrying a loaded firearm when
he or she carries a loaded firearm on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or in any public place or on any public street in a
prohibited area of unincorporated territory.
(2) Carrying a loaded firearm in violation of this section is
punishable, as follows:
(A) Where the person previously has been convicted of any felony,
or of any crime made punishable by this chapter, as a felony.
(B) Where the firearm is stolen and the person knew or had
reasonable cause to believe that it was stolen, as a felony.
(C) Where the person is an active participant in a criminal street
gang, as defined in subdivision (a) of Section 186.22, under the
Street Terrorism Enforcement and Prevention Act (Chapter 11
(commencing with Section 186.20) of Title 7 of Part 1), as a felony.

(D) Where the person is not in lawful possession of the firearm,
as defined in this section, or is within a class of persons
prohibited from possessing or acquiring a firearm pursuant to Section
12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare
and Institutions Code, as a felony.
(E) Where the person has been convicted of a crime against a
person or property, or of a narcotics or dangerous drug violation, by
imprisonment in the state prison, or by imprisonment in a county
jail not to exceed one year, by a fine not to exceed one thousand
dollars ($1,000), or by both that imprisonment and fine.
(F) Where the person is not listed with the Department of Justice
pursuant to Section 11106, as the registered owner of the pistol,
revolver, or other firearm capable of being concealed upon the
person, by imprisonment in the state prison, or by imprisonment in a
county jail not to exceed one year, or by a fine not to exceed one
thousand dollars ($1,000), or both that fine and imprisonment.
(G) In all cases other than those specified in subparagraphs (A)
to (F), inclusive, as a misdemeanor, punishable by imprisonment in a
county jail not to exceed one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that imprisonment and fine.
(3) For purposes of this section, "lawful possession of the
firearm" means that the person who has possession or custody of the
firearm either lawfully acquired and lawfully owns the firearm or has
the permission of the lawful owner or person who otherwise has
apparent authority to possess or have custody of the firearm. A
person who takes a firearm without the permission of the lawful owner
or without the permission of a person who has lawful custody of the
firearm does not have lawful possession of the firearm.
(4) Nothing in this section shall preclude prosecution under
Sections 12021 and 12021.1 of this code, Section 8100 or 8103 of the
Welfare and Institutions Code, or any other law with a greater
penalty than this section.
(5) (A) Notwithstanding paragraphs (2) and (3) of subdivision (a)
of Section 836, a peace officer may make an arrest without a warrant:

(i) When the person arrested has violated this section, although
not in the officer's presence.
(ii) Whenever the officer has reasonable cause to believe that the
person to be arrested has violated this section, whether or not this
section has, in fact, been violated.
(B) A peace officer may arrest a person for a violation of
subparagraph (F) of paragraph (2), if the peace officer has probable
cause to believe that the person is carrying a loaded pistol,
revolver, or other firearm capable of being concealed upon the person
in violation of this section and that person is not listed with the
Department of Justice pursuant to paragraph (1) of subdivision (c) of
Section 11106 as the registered owner of that pistol, revolver, or
other firearm capable of being concealed upon the person.
(6) (A) Every person convicted under this section who has
previously been convicted of an offense enumerated in Section
12001.6, or of any crime made punishable under this chapter, shall
serve a term of at least three months in a county jail, or, if
granted probation or if the execution or imposition of sentence is
suspended, it shall be a condition thereof that he or she be
imprisoned for a period of at least three months.
(B) The court shall apply the three-month minimum sentence except
in unusual cases where the interests of justice would best be served
by granting probation or suspending the imposition or execution of
sentence without the minimum imprisonment required in this
subdivision or by granting probation or suspending the imposition or
execution 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 that
disposition.
(7) A violation of this section which is punished by imprisonment
in a county jail not exceeding one year shall not constitute a
conviction of a crime punishable by imprisonment for a term exceeding
one year for the purposes of determining federal firearms
eligibility under Section 922(g)(1) of Title 18 of the United States
Code.
(b) Subdivision (a) shall not apply to any of the following:
(1) Peace officers listed in Section 830.1 or 830.2, or
subdivision (a) of Section 830.33, whether active or honorably
retired, other duly appointed peace officers, honorably retired peace
officers listed in subdivision (c) of Section 830.5, other honorably
retired peace officers who during the course and scope of their
employment as peace officers were authorized to, and did, carry
firearms, full-time paid peace officers of other states and the
federal government who are carrying out official duties while in
California, or any person summoned by any of those officers to assist
in making arrests or preserving the peace while the person is
actually engaged in assisting that officer. Any peace officer
described in this paragraph who has been honorably retired shall be
issued an identification certificate by the law enforcement agency
from which the officer has retired. The issuing agency may charge a
fee necessary to cover any reasonable expenses incurred by the agency
in issuing certificates pursuant to this paragraph and paragraph
(3).
Any officer, except an officer listed in Section 830.1 or 830.2,
subdivision (a) of Section 830.33, or subdivision (c) of Section
830.5 who retired prior to January 1, 1981, shall have an endorsement
on the identification certificate stating that the issuing agency
approves the officer's carrying of a loaded firearm.
No endorsement or renewal endorsement issued pursuant to paragraph
(2) shall be effective unless it is in the format set forth in
subparagraph (D) of paragraph (1) of subdivision (a) of Section
12027, except that any peace officer listed in subdivision (f) of
Section 830.2 or in subdivision (c) of Section 830.5, who is retired
between January 2, 1981, and on or before December 31, 1988, and who
is authorized to carry a loaded firearm pursuant to this section,
shall not be required to have an endorsement in the format set forth
in subparagraph (D) of paragraph (1) of subdivision (a) of Section
12027 until the time of the issuance, on or after January 1, 1989, of
a renewal endorsement pursuant to paragraph (2).
(2) A retired peace officer, except an officer listed in Section
830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c)
of Section 830.5 who retired prior to January 1, 1981, shall
petition the issuing agency for renewal of his or her privilege to
carry a loaded firearm every five years. An honorably retired peace
officer listed in Section 830.1 or 830.2, subdivision (a) of Section
830.33, or subdivision (c) of Section 830.5 who retired prior to
January 1, 1981, shall not be required to obtain an endorsement from
the issuing agency to carry a loaded firearm. The agency from which
a peace officer is honorably retired may, upon initial retirement of
the peace officer, or at any time subsequent thereto, deny or revoke
for good cause the retired officer's privilege to carry a loaded
firearm. A peace officer who is listed in Section 830.1 or 830.2,
subdivision (a) of Section 830.33, or subdivision (c) of Section
830.5 who is retired prior to January 1, 1981, shall have his or her
privilege to carry a loaded firearm denied or revoked by having the
agency from which the officer retired stamp on the officer's
identification certificate "No CCW privilege."
(3) An honorably retired peace officer who is listed in
subdivision (c) of Section 830.5 and authorized to carry loaded
firearms by this subdivision shall meet the training requirements of
Section 832 and shall qualify with the firearm at least annually.
The individual retired peace officer shall be responsible for
maintaining his or her eligibility to carry a loaded firearm. The
Department of Justice shall provide subsequent arrest notification
pursuant to Section 11105.2 regarding honorably retired peace
officers listed in subdivision (c) of Section 830.5 to the agency
from which the officer has retired.
(4) Members of the military forces of this state or of the United
States engaged in the performance of their duties.
(5) Persons who are using target ranges for the purpose of
practice shooting with a firearm or who are members of shooting clubs
while hunting on the premises of those clubs.
(6) The carrying of pistols, revolvers, or other firearms capable
of being concealed upon the person by persons who are authorized to
carry those weapons pursuant to Article 3 (commencing with Section
12050) of Chapter 1 of Title 2 of Part 4.
(7) Armored vehicle guards, as defined in Section 7521 of the
Business and Professions Code, (A) if hired prior to January 1, 1977,
or (B) if hired on or after that date, if they have received a
firearms qualification card from the Department of Consumer Affairs,
in each case while acting within the course and scope of their
employment.
(8) Upon approval of the sheriff of the county in which they
reside, honorably retired federal officers or agents of federal law
enforcement agencies, including, but not limited to, the Federal
Bureau of Investigation, the Secret Service, the United States
Customs Service, the Federal Bureau of Alcohol, Tobacco, and
Firearms, the Federal Bureau of Narcotics, the Drug Enforcement
Administration, the United States Border Patrol, and officers or
agents of the Internal Revenue Service who were authorized to carry
weapons while on duty, who were assigned to duty within the state for
a period of not less than one year, or who retired from active
service in the state.
Retired federal officers or agents shall provide the sheriff with
certification from the agency from which they retired certifying
their service in the state, the nature of their retirement, and
indicating the agency's concurrence that the retired federal officer
or agent should be accorded the privilege of carrying a loaded
firearm.
Upon approval, the sheriff shall issue a permit to the retired
federal officer or agent indicating that he or she may carry a loaded
firearm in accordance with this paragraph. The permit shall be
valid for a period not exceeding five years, shall be carried by the
retiree while carrying a loaded firearm, and may be revoked for good
cause.
The sheriff of the county in which the retired federal officer or
agent resides may require recertification prior to a permit renewal,
and may suspend the privilege for cause. The sheriff may charge a
fee necessary to cover any reasonable expenses incurred by the
county.
(c) Subdivision (a) shall not apply to any of the following who
have completed a regular course in firearms training approved by the
Commission on Peace Officer Standards and Training:
(1) Patrol special police officers appointed by the police
commission of any city, county, or city and county under the express
terms of its charter who also, under the express terms of the
charter, (A) are subject to suspension or dismissal after a hearing
on charges duly filed with the commission after a fair and impartial
trial, (B) are not less than 18 years of age or more than 40 years of
age, (C) possess physical qualifications prescribed by the
commission, and (D) are designated by the police commission as the
owners of a certain beat or territory as may be fixed from time to
time by the police commission.
(2) The carrying of weapons by animal control officers or
zookeepers, regularly compensated as such by a governmental agency
when acting in the course and scope of their employment and when
designated by a local ordinance or, if the governmental agency is not
authorized to act by ordinance, by a resolution, either individually
or by class, to carry the weapons, or by persons who are authorized
to carry the weapons pursuant to Section 14502 of the Corporations
Code, while actually engaged in the performance of their duties
pursuant to that section.
(3) Harbor police officers designated pursuant to Section 663.5 of
the Harbors and Navigation Code.
(d) Subdivision (a) shall not apply to any of the following who
have been issued a certificate pursuant to Section 12033. The
certificate shall not be required of any person who is a peace
officer, who has completed all training required by law for the
exercise of his or her power as a peace officer, and who is employed
while not on duty as a peace officer.
(1) Guards or messengers of common carriers, banks, and other
financial institutions while actually employed in and about the
shipment, transportation, or delivery of any money, treasure,
bullion, bonds, or other thing of value within this state.
(2) Guards of contract carriers operating armored vehicles
pursuant to California Highway Patrol and Public Utilities Commission
authority (A) if hired prior to January 1, 1977, or (B) if hired on
or after January 1, 1977, if they have completed a course in the
carrying and use of firearms which meets the standards prescribed by
the Department of Consumer Affairs.
(3) Private investigators and private patrol operators who are
licensed pursuant to Chapter 11.5 (commencing with Section 7512) of,
and alarm company operators who are licensed pursuant to Chapter 11.6
(commencing with Section 7590) of, Division 3 of the Business and
Professions Code, while acting within the course and scope of their
employment.
(4) Uniformed security guards or night watch persons employed by
any public agency, while acting within the scope and course of their
employment.
(5) Uniformed security guards, regularly employed and compensated
in that capacity by persons engaged in any lawful business, and
uniformed alarm agents employed by an alarm company operator, while
actually engaged in protecting and preserving the property of their
employers or on duty or en route to or from their residences or their
places of employment, and security guards and alarm agents en route
to or from their residences or employer-required range training.
Nothing in this paragraph shall be construed to prohibit cities and
counties from enacting ordinances requiring alarm agents to register
their names.
(6) Uniformed employees of private patrol operators and private
investigators licensed pursuant to Chapter 11.5 (commencing with
Section 7512) of Division 3 of the Business and Professions Code,
while acting within the course and scope of their employment.
(e) In order to determine whether or not a firearm is loaded for
the purpose of enforcing this section, peace officers are authorized
to examine any firearm carried by anyone on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or prohibited area of an unincorporated territory.
Refusal to allow a peace officer to inspect a firearm pursuant to
this section constitutes probable cause for arrest for violation of
this section.
(f) As used in this section, "prohibited area" means any place
where it is unlawful to discharge a weapon.
(g) A firearm shall be deemed to be loaded for the purposes of
this section 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; except that 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.
(h) Nothing in this section shall prevent any person engaged in
any lawful business, including a nonprofit organization, or any
officer, employee, or agent authorized by that person for lawful
purposes connected with that business, from having a loaded firearm
within the person's place of business, or any person in lawful
possession of private property from having a loaded firearm on that
property.
(i) Nothing in this section shall prevent any person from carrying
a loaded firearm in an area within an incorporated city while
engaged in hunting, provided that the hunting at that place and time
is not prohibited by the city council.
(j) (1) Nothing in this section is intended to preclude the
carrying of any loaded firearm, under circumstances where it would
otherwise be lawful, by a person who reasonably believes that the
person or property of himself or herself or of another is in
immediate, grave danger and that the carrying of the weapon is
necessary for the preservation of that person or property. As used
in this subdivision, "immediate" means the brief interval before and
after the local law enforcement agency, when reasonably possible, has
been notified of the danger and before the arrival of its
assistance.
(2) A violation of this section is justifiable when a person who
possesses a firearm reasonably believes that he or she is 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 his or her life or
safety. This paragraph may 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. It is not the intent
of the Legislature to limit, restrict, or narrow the application of
current statutory or judicial authority to apply this or other
justifications to defendants charged with violating Section 12025 or
of committing other similar offenses.
Upon trial for violating this section, the trier of fact shall
determine whether the defendant was acting out of a reasonable belief
that he or she was in grave danger.
(k) Nothing in this section is intended to preclude the carrying
of a loaded firearm by any person while engaged in the act of making
or attempting to make a lawful arrest.
(l) Nothing in this section shall prevent any person from having a
loaded weapon, if it is otherwise lawful, at his or her place of
residence, including any temporary residence or campsite.
(m) (1) The district attorney of each county shall submit annually
a report on or before June 30, to the Attorney General consisting of
profiles by race, age, gender, and ethnicity of any person charged
with a felony or a misdemeanor under this section and any other
offense charged in the same complaint, indictment, or information.
(2) The Attorney General shall submit annually, a report on or
before December 31, to the Legislature compiling all of the reports
submitted pursuant to paragraph (1).
(3) This subdivision shall remain operative only until January 1,
2005.



12031.1. Nothing in Section 12031 shall prevent any person from
storing aboard any vessel or aircraft any loaded or unloaded rocket,
rocket propelled projectile launcher, or similar device designed
primarily for emergency or distress signaling purposes, or from
possessing such a device while in a permitted hunting area or
traveling to or from such area and carrying a valid California permit
or license to hunt.



12032. Notwithstanding any provision of law or of any local
ordinance to the contrary, when any firearm is in the possession of
any officer of the state, or of a county, city and county or city, or
of any campus of the University of California or the California
State University, and the firearm is an exhibit filed in any criminal
action or proceeding which is no longer needed or is unclaimed or
abandoned property, which has been in the possession of the officer
for at least 180 days, the firearm shall be sold, or destroyed, as
provided for in Section 12028.
This section shall not apply to any firearm in the possession of
the Department of Fish and Game or which was used in the violation of
any provision of law, or regulation thereunder, in the Fish and Game
Code.


12033. The Department of Consumer Affairs may issue a certificate
to any person referred to in subdivision (d) of Section 12031, upon
notification by the school where the course was completed, that the
person has successfully completed a course in the carrying and use of
firearms and a course of training in the exercise of the powers of
arrest which meet the standards prescribed by the department pursuant
to Section 7583.5 of the Business and Professions Code.



12034. (a) It is a misdemeanor for a driver of any motor vehicle or
the owner of any motor vehicle, whether or not the owner of the
vehicle is occupying the vehicle, knowingly to permit any other
person to carry into or bring into the vehicle a firearm in violation
of Section 12031 of this code or Section 2006 of the Fish and Game
Code.
(b) Any driver or owner of any vehicle, whether or not the owner
of the vehicle is occupying the vehicle, who knowingly permits any
other person to discharge any firearm from the vehicle is punishable
by imprisonment in the county jail for not more than one year or in
state prison for 16 months or two or three years.
(c) Any person who willfully and maliciously discharges a firearm
from a motor vehicle at another person other than an occupant of a
motor vehicle is guilty of a felony punishable by imprisonment in
state prison for three, five, or seven years.
(d) Except as provided in Section 3002 of the Fish and Game Code,
any person who willfully and maliciously discharges a firearm from a
motor vehicle is guilty of a public offense punishable by
imprisonment in the county jail for not more than one year or in the
state prison.


12035. (a) As used in this section, the following definitions
apply:
(1) "Locking device" means a device that is designed to prevent
the firearm from functioning and when applied to the firearm, renders
the firearm inoperable.
(2) "Loaded firearm" has the same meaning as set forth in
subdivision (g) of Section 12031.
(3) "Child" means a person under 18 years of age.
(4) "Great bodily injury" has the same meaning as set forth in
Section 12022.7.
(5) "Locked container" has the same meaning as set forth in
subdivision (d) of Section 12026.2.
(b) (1) Except as provided in subdivision (c), a person commits
the crime of "criminal storage of a firearm of the first degree" if
he or she keeps any loaded firearm within any premises that are under
his or her custody or control and he or she knows or reasonably
should know that a child is likely to gain access to the firearm
without the permission of the child's parent or legal guardian and
the child obtains access to the firearm and thereby causes death or
great bodily injury to himself, herself, or any other person.
(2) Except as provided in subdivision (c), a person commits the
crime of "criminal storage of a firearm of the second degree" if he
or she keeps any loaded firearm within any premises that are under
his or her custody or control and he or she knows or reasonably
should know that a child is likely to gain access to the firearm
without the permission of the child's parent or legal guardian and
the child obtains access to the firearm and thereby causes injury,
other than great bodily injury, to himself, herself, or any other
person, or carries the firearm either to a public place or in
violation of Section 417.
(c) Subdivision (b) shall not apply whenever any of the following
occurs:
(1) The child obtains the firearm as a result of an illegal entry
to any premises by any person.
(2) The firearm is kept in a locked container or in a location
that a reasonable person would believe to be secure.
(3) The firearm is carried on the person or within such a close
proximity thereto that the individual can readily retrieve and use
the firearm as if carried on the person.
(4) The firearm is locked with a locking device that has rendered
the firearm inoperable.
(5) The person is a peace officer or a member of the armed forces
or National Guard and the child obtains the firearm during, or
incidental to, the performance of the person's duties.
(6) The child obtains, or obtains and discharges, the firearm in a
lawful act of self-defense or defense of another person, or persons.

(7) The person who keeps a loaded firearm on any premise that is
under his or her custody or control has no reasonable expectation,
based on objective facts and circumstances, that a child is likely to
be present on the premises.
(d) Criminal storage of a firearm is punishable as follows:
(1) Criminal storage of a firearm in the first degree, by
imprisonment in the state prison for 16 months, or two or three
years, by a fine not exceeding ten thousand dollars ($10,000), or by
both that imprisonment and fine; or by imprisonment in a county jail
not exceeding one year, by a fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
(2) Criminal storage of a firearm in the second degree, by
imprisonment in a county jail not exceeding one year, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine.
(e) If the person who allegedly violated this section is the
parent or guardian of a child who is injured or who dies as the
result of an accidental shooting, the district attorney shall
consider, among other factors, the impact of the injury or death on
the person alleged to have violated this section when deciding
whether to prosecute an alleged violation. It is the Legislature's
intent that a parent or guardian of a child who is injured or who
dies as the result of an accidental shooting shall be prosecuted only
in those instances in which the parent or guardian behaved in a
grossly negligent manner or where similarly egregious circumstances
exist. This subdivision shall not otherwise restrict, in any manner,
the factors that a district attorney may consider when deciding
whether to prosecute alleged violations of this section.
(f) If the person who allegedly violated this section is the
parent or guardian of a child who is injured or who dies as the
result of an accidental shooting, no arrest of the person for the
alleged violation of this section shall occur until at least seven
days after the date upon which the accidental shooting occurred.
In addition to the limitation contained in this subdivision, a law
enforcement officer shall consider the health status of a child who
suffers great bodily injury as the result of an accidental shooting
prior to arresting a person for a violation of this section, if the
person to be arrested is the parent or guardian of the injured child.
The intent of this subdivision is to encourage law enforcement
officials to delay the arrest of a parent or guardian of a seriously
injured child while the child remains on life-support equipment or is
in a similarly critical medical condition.
(g) (1) The fact that the person who allegedly violated this
section attended a firearm safety training course prior to the
purchase of the firearm that is obtained by a child in violation of
this section shall be considered a mitigating factor by a district
attorney when he or she is deciding whether to prosecute the alleged
violation.
(2) In any action or trial commenced under this section, the fact
that the person who allegedly violated this section attended a
firearm safety training course prior to the purchase of the firearm
that is obtained by a child in violation of this section, shall be
admissible.
(h) Every person licensed under Section 12071 shall post within
the licensed premises the notice required by paragraph (7) of
subdivision (b) of that section, disclosing the duty imposed by this
section upon any person who keeps a loaded firearm.




12036. (a) As used in this section, the following definitions shall
apply:
(1) "Locking device" means a device that is designed to prevent
the firearm from functioning and when applied to the firearm, renders
the firearm inoperable.
(2) "Child" means a person under the age of 18 years.
(3) "Off-premises" means premises other than the premises where
the firearm was stored.
(4) "Locked container" has the same meaning as set forth in
subdivision (d) of Section 12026.2.
(b) A person who keeps a pistol, revolver, or other firearm
capable of being concealed upon the person, loaded or unloaded,
within any premises that are under his or her custody or control and
he or she knows or reasonably should know that a child is likely to
gain access to that firearm without the permission of the child's
parent or legal guardian and the child obtains access to that firearm
and thereafter carries that firearm off-premises, shall be punished
by imprisonment in a county jail not exceeding one year, by a fine
not exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine.
(c) A person who keeps any firearm within any premises that is
under his or her custody or control and he or she knows or reasonably
should know that a child is likely to gain access to the firearm
without the permission of the child's parent or legal guardian and
the child obtains access to the firearm and thereafter carries that
firearm off-premises to any public or private preschool, elementary
school, middle school, high school, or to any school-sponsored event,
activity, or performance whether occurring on school grounds or
elsewhere, shall be punished by imprisonment in a county jail not
exceeding one year, by a fine not exceeding five thousand dollars
($5,000), or by both that imprisonment and fine.
(d) A pistol, revolver, or other firearm capable of being
concealed upon the person that a child gains access to and carries
off-premises in violation of this section shall be deemed "used in
the commission of any misdemeanor as provided in this code or any
felony" for the purpose of subdivision (b) of Section 12028 regarding
the authority to confiscate firearms and other deadly weapons as a
nuisance.
(e) This section shall not apply if any one of the following
circumstances exists:
(1) The child obtains the firearm as a result of an illegal entry
into any premises by any person.
(2) The firearm is kept in a locked container or in a location
that a reasonable person would believe to be secure.
(3) The firearm is locked with a locking device that has rendered
the firearm inoperable.
(4) The firearm is carried on the person within such a close range
that the individual can readily retrieve and use the firearm as if
carried on the person.
(5) The person is a peace officer or a member of the Armed Forces
or National Guard and the child obtains the firearm during, or
incidental to, the performance of the person's duties.
(6) The child obtains, or obtains and discharges, the firearm in a
lawful act of self-defense or defense of another person or persons.

(7) The person who keeps a firearm has no reasonable expectation,
based on objective facts and circumstances, that a child is likely to
be present on the premises.
(f) If the person who allegedly violated this section is the
parent or guardian of a child who is injured or who dies as the
result of an accidental shooting, the district attorney shall
consider, among other factors, the impact of the injury or death on
the person alleged to have violated this section when deciding
whether to prosecute the alleged violation. It is the Legislature's
intent that a parent or guardian of a child who is injured or who
dies as the result of an accidental shooting shall be prosecuted only
in those instances in which the parent or guardian behaved in a
grossly negligent manner or where similarly egregious circumstances
exist. This subdivision shall not otherwise restrict, in any manner,
the factors that a district attorney may consider when deciding
whether to prosecute alleged violations of this section.
(g) If the person who allegedly violated this section is the
parent or guardian of a child who is injured or who dies as the
result of an accidental shooting, no arrest of the person for the
alleged violation of this section shall occur until at least seven
days after the date upon which the accidental shooting occurred.
In addition to the limitation contained in this subdivision, a law
enforcement officer shall consider the health status of a child who
suffers great bodily injury as the result of an accidental shooting
prior to arresting a person for a violation of this section, if the
person to be arrested is the parent or guardian of the injured child.
The intent of this subdivision is to encourage law enforcement
officials to delay the arrest of a parent or guardian of a seriously
injured child while the child remains on life-support equipment or is
in a similarly critical medical condition.
(h) (1) The fact that the person who allegedly violated this
section attended a firearm safety training course prior to the
purchase of the firearm that is obtained by a child in violation of
this section shall be considered a mitigating factor by a district
attorney when he or she is deciding whether to prosecute the alleged
violation.
(2) In any action or trial commenced under this section, the fact
that the person who allegedly violated this section attended a
firearm safety training course prior to the purchase of the firearm
that is obtained by a child in violation of this section, shall be
admissible.
(i) Every person licensed under Section 12071 shall post within
the licensed premises the notice required by paragraph (7) of
subdivision (b) of that section, disclosing the duty imposed by this
section upon any person who keeps any firearm.



12039. The Attorney General shall provide the Legislature on or
before April 15 of each year, commencing in 1998, a written report on
the specific types of firearms used in the commission of crimes
based upon information obtained from state and local crime
laboratories. The report shall include all of the following
information regarding crimes in which firearms were used:
(a) A description of the relative occurrence of firearms most
frequently used in the commission of violent crimes, distinguishing
whether the firearms used were handguns, rifles, shotguns, assault
weapons, or other related types of weapons.
(b) A description of specific types of firearms that are used in
homicides or street gang and drug trafficking crimes.
(c) The frequency with which stolen firearms were used in the
commission of the crimes.
(d) The frequency with which fully automatic firearms were used in
the commission of the crimes.
(e) Any trends of importance such as those involving specialized
ammunition or firearms modifications, such as conversion to a fully
automatic weapon, removal of serial number, shortening of barrel, or
use of a suppressor.



12040. (a) A person commits criminal possession of a firearm when
he or she carries a firearm in a public place or on any public street
while masked so as to hide his or her identity.
(b) Criminal possession of a firearm is punishable by imprisonment
in the state prison or by imprisonment in a county jail not to
exceed one year.
(c) Subdivision (a) shall not apply to the following:
(1) A peace officer who is in the performance of his or her
duties.
(2) Full-time paid peace officers of other states and the federal
government who are carrying out official duties while in this state.

(3) Any person summoned by any of the officers enumerated in
paragraph (1) or (2) to assist in making arrests or preserving the
peace while he or she is actually engaged in assisting that officer.

(4) The possession of an unloaded firearm or a firearm loaded with
blank ammunition by an authorized participant in, or while
rehearsing for, a motion picture, television, video production,
entertainment event, entertainment activity, or lawfully organized
and conducted activity when the participant lawfully uses the firearm
as part of that production, event, or activity.
(5) The possession of a firearm by a licensed hunter while
actually engaged in lawful hunting, or while going directly to or
returning directly from the hunting expedition.

[هيثم الفقى]

Licenses to Carry Pistols and Revolvers

12050. (a) (1) (A) The sheriff of a county, upon proof that the
person applying is of good moral character, that good cause exists
for the issuance, and that the person applying satisfies any one of
the conditions specified in subparagraph (D) and has completed a
course of training as described in subparagraph (E), may issue to
that person a license to carry a pistol, revolver, or other firearm
capable of being concealed upon the person in either one of the
following formats:
(i) A license to carry concealed a pistol, revolver, or other
firearm capable of being concealed upon the person.
(ii) Where the population of the county is less than 200,000
persons according to the most recent federal decennial census, a
license to carry loaded and exposed in that county a pistol,
revolver, or other firearm capable of being concealed upon the
person.
(B) The chief or other head of a municipal police department of
any city or city and county, upon proof that the person applying is
of good moral character, that good cause exists for the issuance, and
that the person applying is a resident of that city and has
completed a course of training as described in subparagraph (E), may
issue to that person a license to carry a pistol, revolver, or other
firearm capable of being concealed upon the person in either one of
the following formats:
(i) A license to carry concealed a pistol, revolver, or other
firearm capable of being concealed upon the person.
(ii) Where the population of the county in which the city is
located is less than 200,000 persons according to the most recent
federal decennial census, a license to carry loaded and exposed in
that county a pistol, revolver, or other firearm capable of being
concealed upon the person.
(C) The sheriff of a county or the chief or other head of a
municipal police department of any city or city and county, upon
proof that the person applying is of good moral character, that good
cause exists for the issuance, and that the person applying is a
person who has been deputized or appointed as a peace officer
pursuant to subdivision (a) or (b) of Section 830.6 by that sheriff
or that chief of police or other head of a municipal police
department, may issue to that person a license to carry concealed a
pistol, revolver, or other firearm capable of being concealed upon
the person. Direct or indirect fees for the issuance of a license
pursuant to this subparagraph may be waived. The fact that an
applicant for a license to carry a pistol, revolver, or other firearm
capable of being concealed upon the person has been deputized or
appointed as a peace officer pursuant to subdivision (a) or (b) of
Section 830.6 shall be considered only for the purpose of issuing a
license pursuant to this subparagraph, and shall not be considered
for the purpose of issuing a license pursuant to subparagraph (A) or
(B).
(D) For the purpose of subparagraph (A), the applicant shall
satisfy any one of the following:
(i) Is a resident of the county or a city within the county.
(ii) Spends a substantial period of time in the applicant's
principal place of employment or business in the county or a city
within the county.
(E) (i) For new license applicants, the course of training may be
any course acceptable to the licensing authority, shall not exceed 16
hours, and shall include instruction on at least firearm safety and
the law regarding the permissible use of a firearm. Notwithstanding
this clause, the licensing authority may require a community college
course certified by the Commission on Peace Officer Standards and
Training, up to a maximum of 24 hours, but only if required uniformly
of all license applicants without exception.
(ii) For license renewal applicants, the course of training may be
any course acceptable to the licensing authority, shall be no less
than four hours, and shall include instruction on at least firearm
safety and the law regarding the permissible use of a firearm. No
course of training shall be required for any person certified by the
licensing authority as a trainer for purposes of this subparagraph,
in order for that person to renew a license issued pursuant to this
section.
(2) (A) (i) Except as otherwise provided in clause (ii),
subparagraphs (C) and (D) of this paragraph, and subparagraph (B) of
paragraph (4) of subdivision (f), a license issued pursuant to
subparagraph (A) or (B) of paragraph (1) is valid for any period of
time not to exceed two years from the date of the license.
(ii) If the licensee's place of employment or business was the
basis for issuance of the license pursuant to subparagraph (A) of
paragraph (1), the license is valid for any period of time not to
exceed 90 days from the date of the license. The license shall be
valid only in the county in which the license was originally issued.
The licensee shall give a copy of this license to the licensing
authority of the city, county, or city and county in which he or she
resides. The licensing authority that originally issued the license
shall inform the licensee verbally and in writing in at least
16-point type of this obligation to give a copy of the license to the
licensing authority of the city, county, or city and county of
residence. Any application to renew or extend the validity of, or
reissue, the license may be granted only upon the concurrence of the
licensing authority that originally issued the license and the
licensing authority of the city, county, or city and county in which
the licensee resides.
(B) A license issued pursuant to subparagraph (C) of paragraph (1)
to a peace officer appointed pursuant to Section 830.6 is valid for
any period of time not to exceed four years from the date of the
license, except that the license shall be invalid upon the conclusion
of the person's appointment pursuant to Section 830.6 if the
four-year period has not otherwise expired or any other condition
imposed pursuant to this section does not limit the validity of the
license to a shorter time period.
(C) A license issued pursuant to subparagraph (A) or (B) of
paragraph (1) is valid for any period of time not to exceed three
years from the date of the license if the license is issued to any of
the following individuals:
(i) A judge of a California court of record.
(ii) A full-time court commissioner of a California court of
record.
(iii) A judge of a federal court.
(iv) A magistrate of a federal court.
(D) A license issued pursuant to subparagraph (A) or (B) of
paragraph (1) is valid for any period of time not to exceed four
years from the date of the license if the license is issued to a
custodial officer who is an employee of the sheriff as provided in
Section 831.5, except that the license shall be invalid upon the
conclusion of the person's employment pursuant to Section 831.5 if
the four-year period has not otherwise expired or any other condition
imposed pursuant to this section does not limit the validity of the
license to a shorter time period.
(3) For purposes of this subdivision, a city or county may be
considered an applicant's "principal place of employment or business"
only if the applicant is physically present in the jurisdiction
during a substantial part of his or her working hours for purposes of
that employment or business.
(b) A license may include any reasonable restrictions or
conditions which the issuing authority deems warranted, including
restrictions as to the time, place, manner, and circumstances under
which the person may carry a pistol, revolver, or other firearm
capable of being concealed upon the person.
(c) Any restrictions imposed pursuant to subdivision (b) shall be
indicated on any license issued.
(d) A license shall not be issued if the Department of Justice
determines that the person is within a prohibited class described in
Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code.
(e) (1) The license shall be revoked by the local licensing
authority if at any time either the local licensing authority is
notified by the Department of Justice that a licensee is within a
prohibited class described in Section 12021 or 12021.1 of this code
or Section 8100 or 8103 of the Welfare and Institutions Code, or the
local licensing authority determines that the person is within a
prohibited class described in Section 12021 or 12021.1 of this code
or Section 8100 or 8103 of the Welfare and Institutions Code.
(2) If at any time the Department of Justice determines that a
licensee is within a prohibited class described in Section 12021 or
12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code, the department shall immediately notify the local
licensing authority of the determination.
(3) If the local licensing authority revokes the license, the
Department of Justice shall be notified of the revocation pursuant to
Section 12053. The licensee shall also be immediately notified of
the revocation in writing.
(f) (1) A person issued a license pursuant to this section may
apply to the licensing authority for an amendment to the license to
do one or more of the following:
(A) Add or delete authority to carry a particular pistol,
revolver, or other firearm capable of being concealed upon the
person.
(B) Authorize the licensee to carry concealed a pistol, revolver,
or other firearm capable of being concealed upon the person.
(C) If the population of the county is less than 200,000 persons
according to the most recent federal decennial census, authorize the
licensee to carry loaded and exposed in that county a pistol,
revolver, or other firearm capable of being concealed upon the
person.
(D) Change any restrictions or conditions on the license,
including restrictions as to the time, place, manner, and
circumstances under which the person may carry a pistol, revolver, or
other firearm capable of being concealed upon the person.
(2) When the licensee changes his or her address, the license
shall be amended to reflect the new address and a new license shall
be issued pursuant to paragraph (3).
(3) If the licensing authority amends the license, a new license
shall be issued to the licensee reflecting the amendments.
(4) (A) The licensee shall notify the licensing authority in
writing within 10 days of any change in the licensee's place of
residence.
(B) If the license is one to carry concealed a pistol, revolver,
or other firearm capable of being concealed upon the person, then it
may not be revoked solely because the licensee changes his or her
place of residence to another county if the licensee has not breached
any conditions or restrictions set forth in the license or has not
fallen into a prohibited class described in Section 12021 or 12021.1
of this code or Section 8100 or 8103 of the Welfare and Institutions
Code. However, any license issued pursuant to subparagraph (A) or
(B) of paragraph (1) of subdivision (a) shall expire 90 days after
the licensee moves from the county of issuance if the licensee's
place of residence was the basis for issuance of the license.
(C) If the license is one to carry loaded and exposed a pistol,
revolver, or other firearm capable of being concealed upon the
person, the license shall be revoked immediately if the licensee
changes his or her place of residence to another county.
(5) An amendment to the license does not extend the original
expiration date of the license and the license shall be subject to
renewal at the same time as if the license had not been amended.
(6) An application to amend a license does not constitute an
application for renewal of the license.
(g) Nothing in this article shall preclude the chief or other head
of a municipal police department of any city from entering an
agreement with the sheriff of the county in which the city is located
for the sheriff to process all applications for licenses, renewals
of licenses, and amendments to licenses, pursuant to this article.



12050.2. Within three months of the effective date of the act
adding this section, each licensing authority shall publish and make
available a written policy summarizing the provisions of
subparagraphs (A) and (B) of paragraph (1) of subdivision (a) of
Section 12050.



12051. (a) (1) The standard application form for licenses described
in paragraph (3) shall require information from the applicant
including, but not limited to, the name, occupation, residence and
business address of the applicant, his or her age, height, weight,
color of eyes and hair, and reason for desiring a license to carry
the weapon. Applications for licenses shall be filed in writing, and
signed by the applicant. Any license issued upon the application
shall set forth the licensee's name, occupation, residence and
business address, his or her age, height, weight, color of eyes and
hair, the reason for desiring a license to carry the weapon, and
shall, in addition, contain a description of the weapon or weapons
authorized to be carried, giving the name of the manufacturer, the
serial number, and the caliber. The license issued to the licensee
may be laminated.
(2) Applications for amendments to licenses shall be filed in
writing and signed by the applicant, and shall state what type of
amendment is sought pursuant to subdivision (f) of Section 12050 and
the reason for desiring the amendment.
(3) (A) Applications for amendments to licenses, applications for
licenses, amendments to licenses, and licenses shall be uniform
throughout the state, upon forms to be prescribed by the Attorney
General. The Attorney General shall convene a committee composed of
one representative of the California State Sheriffs' Association, one
representative of the California Police Chiefs' Association, and one
representative of the Department of Justice to review, and as
deemed appropriate, revise the standard application form for
licenses. The committee shall meet for this purpose if two of the
committee's members deem that necessary. The application shall
include a section summarizing the statutory provisions of state law
that result in the automatic denial of a license.
(B) The forms shall contain a provision whereby the applicant
attests to the truth of statements contained in the application.
(C) An applicant shall not be required to complete any additional
application or form for a license, or to provide any information
other than that necessary to complete the standard application form
described in subparagraph (A), except to clarify or interpret
information provided by the applicant on the standard application
form.
(D) The standard application form described in subparagraph (A) is
deemed to be a local form expressly exempt from the requirements of
the Administrative Procedures Act, Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(b) Any person who files an application required by subdivision
(a) knowing that statements contained therein are false is guilty of
a misdemeanor.
(c) Any person who knowingly makes a false statement on the
application regarding any of the following shall be guilty of a
felony:
(1) The denial or revocation of a license, or the denial of an
amendment to a license, issued pursuant to Section 12050.
(2) A criminal conviction.
(3) A finding of not guilty by reason of insanity.
(4) The use of a controlled substance.
(5) A dishonorable discharge from military service.
(6) A commitment to a mental institution.
(7) A renunciation of United States citizenship.




12052. (a) The fingerprints of each applicant shall be taken and
two copies on forms prescribed by the Department of Justice shall be
forwarded to the department. Upon receipt of the fingerprints and
the fee as prescribed in Section 12054, the department shall promptly
furnish the forwarding licensing authority a report of all data and
information pertaining to any applicant of which there is a record in
its office, including information as to whether the person is
prohibited under Section 12021 or 12021.1 of this code or Section
8100 or 8103 of the Welfare and Institutions Code from possessing,
receiving, owning, or purchasing a firearm. No license shall be
issued by any licensing authority until after receipt of the report
from the department.
(b) However, if the license applicant has previously applied to
the same licensing authority for a license to carry firearms pursuant
to Section 12050 and the applicant's fingerprints and fee have been
previously forwarded to the Department of Justice, as provided by
this section, the licensing authority shall note the previous
identification numbers and other data that would provide positive
identification in the files of the Department of Justice on the copy
of any subsequent license submitted to the department in conformance
with Section 12053 and no additional application form or fingerprints
shall be required.
(c) If the license applicant has a license issued pursuant to
Section 12050 and the applicant's fingerprints have been previously
forwarded to the Department of Justice, as provided in this section,
the licensing authority shall note the previous identification
numbers and other data that would provide positive identification in
the files of the Department of Justice on the copy of any subsequent
license submitted to the department in conformance with Section 12053
and no additional fingerprints shall be required.



12052.5. The licensing authority shall give written notice to the
applicant indicating if the license is approved or denied within 90
days of the initial application for a new license or a license
renewal or 30 days after receipt of the applicant's criminal
background check from the Department of Justice, whichever is later.




12053. (a) A record of the following shall be maintained in the
office of the licensing authority:
(1) The denial of a license.
(2) The denial of an amendment to a license.
(3) The issuance of a license.
(4) The amendment of a license.
(5) The revocation of a license.
(b) Copies of each of the following shall be filed immediately by
the issuing officer or authority with the Department of Justice:
(1) The denial of a license.
(2) The denial of an amendment to a license.
(3) The issuance of a license.
(4) The amendment of a license.
(5) The revocation of a license.
(c) Commencing on or before January 1, 2000, and annually
thereafter, each licensing authority shall submit to the Attorney
General the total number of licenses issued to peace officers,
pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of
Section 12050, and to judges, pursuant to subparagraph (A) or (B) of
paragraph (1) of subdivision (a) of Section 12050. The Attorney
General shall collect and record the information submitted pursuant
to this subdivision by county and licensing authority.



12054. (a) Each applicant for a new license or for the renewal of a
license shall pay at the time of filing his or her application a fee
determined by the Department of Justice not to exceed the
application processing costs of the Department of Justice for the
direct costs of furnishing the report required by Section 12052.
After the department establishes fees sufficient to reimburse the
department for processing costs, fees charged shall increase at a
rate not to exceed the legislatively approved annual cost-of-living
adjustments for the department's budget. The officer receiving the
application and the fee shall transmit the fee, with the fingerprints
if required, to the Department of Justice. The licensing authority
of any city, city and county, or county may charge an additional fee
in an amount equal to the actual costs for processing the application
for a new license, excluding fingerprint and training costs, but in
no case to exceed one hundred dollars ($100), and shall transmit the
additional fee, if any, to the city, city and county, or county
treasury. The first 20 percent of this additional local fee may be
collected upon filing of the initial application. The balance of the
fee shall be collected only upon issuance of the license.
The licensing authority may charge an additional fee, not to
exceed twenty-five dollars ($25), for processing the application for
a license renewal, and shall transmit an additional fee, if any, to
the city, city and county, or county treasury. These local fees may
be increased at a rate not to exceed any increase in the California
Consumer Price Index as compiled and reported by the California
Department of Industrial Relations.
(b) In the case of an amended license pursuant to subdivision (f)
of Section 12050, the licensing authority of any city, city and
county, or county may charge a fee, not to exceed ten dollars ($10),
except that the fee may be increased at a rate not to exceed any
increase in the California Consumer Price Index as compiled and
reported by the California Department of Industrial Relations, for
processing the amended license and shall transmit the fee to the
city, city and county, or county treasury.
(c) If psychological testing on the initial application is
required by the licensing authority, the license applicant shall be
referred to a licensed psychologist used by the licensing authority
for the psychological testing of its own employees. The applicant
may be charged for the actual cost of the testing in an amount not to
exceed one hundred fifty dollars ($150). Additional psychological
testing of an applicant seeking license renewal shall be required
only if there is compelling evidence to indicate that a test is
necessary. The cost to the applicant for this additional testing
shall not exceed one hundred fifty dollars ($150).
(d) Except as authorized pursuant to subdivisions (a), (b), and
(c), no requirement, charge, assessment, fee, or condition that
requires the payment of any additional funds by the applicant may be
imposed by any licensing authority as a condition of the application
for a license.

[هيثم الفقى]

Licenses to Sell Firearms



12070. (a) No person shall sell, lease, or transfer firearms unless
he or she has been issued a license pursuant to Section 12071. Any
person violating this section is guilty of a misdemeanor.
(b) Subdivision (a) does not include any of the following:
(1) The sale, lease, or transfer of any firearm by a person acting
pursuant to operation of law, a court order, or pursuant to the
Enforcement of Judgments Law (Title 9 (commencing with Section
680.010) of Part 2 of the Code of Civil Procedure), or by a person
who liquidates a personal firearm collection to satisfy a court
judgment.
(2) A person acting pursuant to subdivision (e) of Section 186.22a
or subdivision (c) of Section 12028.
(3) The sale, lease, or transfer of a firearm by a person who
obtains title to the firearm by intestate succession or by bequest or
as a surviving spouse pursuant to Chapter 1 (commencing with Section
13500) of Part 2 of Division 8 of the Probate Code, provided the
person disposes of the firearm within 60 days of receipt of the
firearm.
(4) The infrequent sale, lease, or transfer of firearms.
(5) The sale, lease, or transfer of used firearms other than
pistols, revolvers, or other firearms capable of being concealed upon
the person, at gun shows or events, as specified in Section 12071,
by a person other than a licensee or dealer, provided the person has
a valid federal firearms license and a current certificate of
eligibility issued by the Department of Justice, as specified in
Section 12071, and provided all the sales, leases, or transfers fully
comply with subdivision (d) of Section 12072. However, the person
shall not engage in the sale, lease, or transfer of used firearms
other than pistols, revolvers, or other firearms capable of being
concealed upon the person at more than 12 gun shows or events in any
calendar year and shall not sell, lease, or transfer more than 15
used firearms other than pistols, revolvers, or other firearms
capable of being concealed upon the person at any single gun show or
event. In no event shall the person sell more than 75 used firearms
other than pistols, revolvers, or other firearms capable of being
concealed upon the person in any calendar year.
A person described in this paragraph shall be known as a "Gun Show
Trader."
The Department of Justice shall adopt regulations to administer
this program and shall recover the full costs of administration from
fees assessed applicants.
As used in this paragraph, the term "used firearm" means a firearm
that has been sold previously at retail and is more than three years
old.
(6) Deliveries, sales, or transfers of firearms between or to
importers and manufacturers of firearms licensed to engage in
business pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued
pursuant thereto.
(7) The sale, delivery, or transfer of firearms by manufacturers
or importers licensed pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto to dealers or wholesalers.
(8) Deliveries and transfers of firearms made pursuant to Section
12028, 12028.5, or 12030.
(9) The loan of a firearm for the purposes of shooting at targets,
if the loan occurs on the premises of a target facility which holds
a business or regulatory license or on the premises of any club or
organization organized for the purposes of practicing shooting at
targets upon established ranges, whether public or private, if the
firearm is at all times kept within the premises of the target range
or on the premises of the club or organization.
(10) Sales, deliveries, or transfers of firearms by manufacturers,
importers, or wholesalers licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto to persons who reside
outside this state who are licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto, if the sale, delivery,
or transfer is in accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto.
(11) Sales, deliveries, or transfers of firearms by persons who
reside outside this state and are licensed outside this state
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto to
wholesalers, manufacturers, or importers, if the sale, delivery, or
transfer is in accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations issued
pursuant thereto.
(12) Sales, deliveries, or transfers of firearms by wholesalers to
dealers.
(13) Sales, deliveries, or transfers of firearms by persons who
reside outside this state to persons licensed pursuant to Section
12071, if the sale, delivery, or transfer is in accordance with
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code, and the regulations issued pursuant thereto.
(14) Sales, deliveries, or transfers of firearms by persons who
reside outside this state and are licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto to dealers, if the sale,
delivery, or transfer is in accordance with Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
(15) The delivery, sale, or transfer of an unloaded firearm by one
wholesaler to another wholesaler if that firearm is intended as
merchandise in the receiving wholesaler's business.
(16) The loan of an unloaded firearm or the loan of a firearm
loaded with blank cartridges for use solely as a prop for a motion
picture, television, or video production or entertainment or
theatrical event.
(17) The delivery of an unloaded firearm that is a curio or relic,
as defined in Section 478.11 of Title 27 of the Code of Federal
Regulations, by a person licensed as a collector pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto with a current
certificate of eligibility issued pursuant to Section 12071 to a
dealer.
(c) (1) As used in this section, "infrequent" means:
(A) For pistols, revolvers, and other firearms capable of being
concealed upon the person, less than six transactions per calendar
year. For this purpose, "transaction" means a single sale, lease, or
transfer of any number of pistols, revolvers, or other firearms
capable of being concealed upon the person.
(B) For firearms other than pistols, revolvers, or other firearms
capable of being concealed upon the person, occasional and without
regularity.
(2) As used in this section, "operation of law" includes, but is
not limited to, any of the following:
(A) The executor or administrator of an estate, if the estate
includes firearms.
(B) A secured creditor or an agent or employee thereof when the
firearms are possessed as collateral for, or as a result of, a
default under a security agreement under the Commercial Code.
(C) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(D) A receiver performing his or her functions as a receiver, if
the receivership estate includes firearms.
(E) A trustee in bankruptcy performing his or her duties, if the
bankruptcy estate includes firearms.
(F) An assignee for the benefit of creditors performing his or her
functions as an assignee, if the assignment includes firearms.
(G) A transmutation of property between spouses pursuant to
Section 850 of the Family Code.
(H) Firearms received by the family of a police officer or deputy
sheriff from a local agency pursuant to Section 50081 of the
Government Code.
(I) The transfer of a firearm by a law enforcement agency to the
person who found the firearm where the delivery is to the person as
the finder of the firearm pursuant to Article 1 (commencing with
Section 2080) of Chapter 4 of Division 3 of the Civil Code.



12071. (a) (1) As used in this chapter, the term "licensee,"
"person licensed pursuant to Section 12071," or "dealer" means a
person who has all of the following:
(A) A valid federal firearms license.
(B) Any regulatory or business license, or licenses, required by
local government.
(C) A valid seller's permit issued by the State Board of
Equalization.
(D) A certificate of eligibility issued by the Department of
Justice pursuant to paragraph (4).
(E) A license issued in the format prescribed by paragraph (6).
(F) Is among those recorded in the centralized list specified in
subdivision (e).
(2) The duly constituted licensing authority of a city, county, or
a city and county shall accept applications for, and may grant
licenses permitting, licensees to sell firearms at retail within the
city, county, or city and county. The duly constituted licensing
authority shall inform applicants who are denied licenses of the
reasons for the denial in writing.
(3) No license shall be granted to any applicant who fails to
provide a copy of his or her valid federal firearms license, valid
seller's permit issued by the State Board of Equalization, and the
certificate of eligibility described in paragraph (4).
(4) A person may request a certificate of eligibility from the
Department of Justice and the Department of Justice shall issue a
certificate to an applicant if the department's records indicate that
the applicant is not a person who is prohibited from possessing
firearms.
(5) The department shall adopt regulations to administer the
certificate of eligibility program and shall recover the full costs
of administering the program by imposing fees assessed to applicants
who apply for those certificates.
(6) A license granted by the duly constituted licensing authority
of any city, county, or city and county, shall be valid for not more
than one year from the date of issuance and shall be in one of the
following forms:
(A) In the form prescribed by the Attorney General.
(B) A regulatory or business license that states on its face
"Valid for Retail Sales of Firearms" and is endorsed by the signature
of the issuing authority.
(C) A letter from the duly constituted licensing authority having
primary jurisdiction for the applicant's intended business location
stating that the jurisdiction does not require any form of regulatory
or business license or does not otherwise restrict or regulate the
sale of firearms.
(7) Local licensing authorities may assess fees to recover their
full costs of processing applications for licenses.
(b) A license is subject to forfeiture for a breach of any of the
following prohibitions and requirements:
(1) (A) Except as provided in subparagraphs (B) and (C), the
business shall be conducted only in the buildings designated in the
license.
(B) A person licensed pursuant to subdivision (a) may take
possession of firearms and commence preparation of registers for the
sale, delivery, or transfer of firearms at gun shows or events, as
defined in Section 478.100 of Title 27 of the Code of Federal
Regulations, or its successor, if the gun show or event is not
conducted from any motorized or towed vehicle. A person conducting
business pursuant to this subparagraph shall be entitled to conduct
business as authorized herein at any gun show or event in the state
without regard to the jurisdiction within this state that issued the
license pursuant to subdivision (a), provided the person complies
with (i) all applicable laws, including, but not limited to, the
waiting period specified in subparagraph (A) of paragraph (3), and
(ii) all applicable local laws, regulations, and fees, if any.
A person conducting business pursuant to this subparagraph shall
publicly display his or her license issued pursuant to subdivision
(a), or a facsimile thereof, at any gun show or event, as specified
in this subparagraph.
(C) A person licensed pursuant to subdivision (a) may engage in
the sale and transfer of firearms other than pistols, revolvers, or
other firearms capable of being concealed upon the person, at events
specified in subdivision (g) of Section 12078, subject to the
prohibitions and restrictions contained in that subdivision.
A person licensed pursuant to subdivision (a) also may accept
delivery of firearms other than pistols, revolvers, or other firearms
capable of being concealed upon the person, outside the building
designated in the license, provided the firearm is being donated for
the purpose of sale or transfer at an auction or similar event
specified in subdivision (g) of Section 12078.
(D) The firearm may be delivered to the purchaser, transferee, or
person being loaned the firearm at one of the following places:
(i) The building designated in the license.
(ii) The places specified in subparagraph (B) or (C).
(iii) The place of residence of, the fixed place of business of,
or on private property owned or lawfully possessed by, the purchaser,
transferee, or person being loaned the firearm.
(2) The license or a copy thereof, certified by the issuing
authority, shall be displayed on the premises where it can easily be
seen.
(3) No firearm shall be delivered:
(A) Within 10 days of the application to purchase, or, after
notice by the department pursuant to subdivision (d) of Section
12076, within 10 days of the submission to the department of any
correction to the application, or within 10 days of the submission to
the department of any fee required pursuant to subdivision (e) of
Section 12076, whichever is later.
(B) Unless unloaded and securely wrapped or unloaded and in a
locked container.
(C) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of his or her identity and age to the
dealer.
(D) Whenever the dealer is notified by the Department of Justice
that the person is in a prohibited class described in Section 12021
or 12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code. The dealer shall make available to the person in
the prohibited class a prohibited notice and transfer form, provided
by the department, stating that the person is prohibited from owning
or possessing a firearm, and that the person may obtain from the
department the reason for the prohibition.
(4) No pistol, revolver, or other firearm or imitation thereof
capable of being concealed upon the person, or placard advertising
the sale or other transfer thereof, shall be displayed in any part of
the premises where it can readily be seen from the outside.
(5) The licensee shall agree to and shall act properly and
promptly in processing firearms transactions pursuant to Section
12082.
(6) The licensee shall comply with Sections 12073, 12076, and
12077, subdivisions (a) and (b) and paragraph (1) of subdivision (f)
of Section 12072, and subdivision (a) of Section 12316.
(7) The licensee shall post conspicuously within the licensed
premises the following warnings in block letters not less than one
inch in height:
(A) "IF YOU KEEP A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC
PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU
STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A
LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING."
(B) "IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF
BEING CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS
TO THE FIREARM, AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A
MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR
LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
FUNCTIONING."
(C) "IF YOU KEEP ANY FIREARM WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS
TO THE FIREARM, AND CARRIES IT OFF-PREMISES TO A SCHOOL OR
SCHOOL-SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING
A FINE OF UP TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU STORED
THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A
LOCKING DEVICE."
(D) "DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING
FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER
SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH
HANDS THOROUGHLY AFTER EXPOSURE."
(E) "FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL
POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN
30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK,
THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND
TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM."
(F) "NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE
PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO
ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE
PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
THE PERSON WITHIN ANY 30-DAY PERIOD."
(8) (A) Commencing April 1, 1994, and until January 1, 2003, no
pistol, revolver, or other firearm capable of being concealed upon
the person shall be delivered unless the purchaser, transferee, or
person being loaned the firearm presents to the dealer a basic
firearms safety certificate.
(B) Commencing January 1, 2003, no dealer may deliver a handgun
unless the person receiving the handgun presents to the dealer a
valid handgun safety certificate. The firearms dealer shall retain a
photocopy of the handgun safety certificate as proof of compliance
with this requirement.
(C) Commencing January 1, 2003, no handgun may be delivered unless
the purchaser, transferee, or person being loaned the firearm
presents documentation indicating that he or she is a California
resident. Satisfactory documentation shall include a utility bill
from within the last three months, a residential lease, a property
deed, or military permanent duty station orders indicating assignment
within this state, or other evidence of residency as permitted by
the Department of Justice. The firearms dealer shall retain a
photocopy of the documentation as proof of compliance with this
requirement.
(D) Commencing January 1, 2003, except as authorized by the
department, no firearms dealer may deliver a handgun unless the
recipient performs a safe handling demonstration with that handgun.
The demonstration shall commence with the handgun unloaded and locked
with the firearm safety device with which it is required to be
delivered, if applicable. While maintaining muzzle awareness, that
is, the firearm is pointed in a safe direction, preferably down at
the ground, and trigger discipline, that is, the trigger finger is
outside of the trigger guard and along side of the handgun frame, at
all times, the handgun recipient shall correctly and safely perform
the following:
(i) If the handgun is a semiautomatic pistol:
(I) Remove the magazine.
(II) Lock the slide back. If the model of firearm does not allow
the slide to be locked back, pull the slide back, visually and
physically check the chamber to ensure that it is clear.
(III) Visually and physically inspect the chamber, to ensure that
the handgun is unloaded.
(IV) Remove the firearm safety device, if applicable. If the
firearm safety device prevents any of the previous steps, remove the
firearm safety device during the appropriate step.
(V) Load one bright orange, red, or other readily identifiable
dummy round into the magazine. If no readily identifiable dummy round
is available, an empty cartridge casing with an empty primer pocket
may be used.
(VI) Insert the magazine into the magazine well of the firearm.
(VII) Manipulate the slide release or pull back and release the
slide.
(VIII) Remove the magazine.
(IX) Visually inspect the chamber to reveal that a round can be
chambered with the magazine removed.
(X) Lock the slide back to eject the bright orange, red, or other
readily identifiable dummy round. If the handgun is of a model that
does not allow the slide to be locked back, pull the slide back and
physically check the chamber to ensure that the chamber is clear. If
no readily identifiable dummy round is available, an empty cartridge
casing with an empty primer pocket may be used.
(XI) Apply the safety, if applicable.
(XII) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearms safety device, other than a cable lock that the department
has determined would damage the barrel of the pistol, has been
approved for the pistol, and the pistol is either listed in paragraph
(2) of subdivision (h) of Section 12132 or is subject to paragraph
(3) of subdivision (h) of Section 12132.
(ii) If the handgun is a double-action revolver:
(I) Open the cylinder.
(II) Visually and physically inspect each chamber, to ensure that
the revolver is unloaded.
(III) Remove the firearm safety device. If the firearm safety
device prevents any of the previous steps, remove the firearm safety
device during the appropriate step.
(IV) While maintaining muzzle awareness and trigger discipline,
load one bright orange, red, or other readily identifiable dummy
round into a chamber of the cylinder and rotate the cylinder so that
the round is in the next-to-fire position. If no readily identifiable
dummy round is available, an empty cartridge casing with an empty
primer pocket may be used.
(V) Close the cylinder.
(VI) Open the cylinder and eject the round.
(VII) Visually and physically inspect each chamber to ensure that
the revolver is unloaded.
(VIII) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearms safety device, other than a cable lock that the department
has determined would damage the barrel of the pistol, has been
approved for the pistol, and the pistol is either listed in paragraph
(2) of subdivision (h) of Section 12132 or is subject to paragraph
(3) of subdivision (h) of Section 12132.
(iii) If the handgun is a single-action revolver:
(I) Open the loading gate.
(II) Visually and physically inspect each chamber, to ensure that
the revolver is unloaded.
(III) Remove the firearm safety device required to be sold with
the handgun. If the firearm safety device prevents any of the
previous steps, remove the firearm safety device during the
appropriate step.
(IV) Load one bright orange, red, or other readily identifiable
dummy round into a chamber of the cylinder, close the loading gate
and rotate the cylinder so that the round is in the next-to-fire
position. If no readily identifiable dummy round is available, an
empty cartridge casing with an empty primer pocket may be used.
(V) Open the loading gate and unload the revolver.
(VI) Visually and physically inspect each chamber to ensure that
the revolver is unloaded.
(VII) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearms safety device, other than a cable lock that the department
has determined would damage the barrel of the pistol, has been
approved for the pistol, and the pistol is either listed in paragraph
(2) of subdivision (h) of Section 12132 or is subject to paragraph
(3) of subdivision (h) of Section 12132.
(E) The recipient shall receive instruction regarding how to
render that handgun safe in the event of a jam.
(F) The firearms dealer shall sign and date an affidavit stating
that the requirements of subparagraph (D) have been met. The firearms
dealer shall additionally obtain the signature of the handgun
purchaser on the same affidavit. The firearms dealer shall retain
the original affidavit as proof of compliance with this requirement.

(G) The recipient shall perform the safe handling demonstration
for a department-certified instructor.
(H) No demonstration shall be required if the dealer is returning
the handgun to the owner of the handgun.
(I) Department-certified instructors who may administer the safe
handling demonstration shall meet the requirements set forth in
subdivision (j) of Section 12804.
(J) The persons who are exempt from the requirements of
subdivision (b) of Section 12801, pursuant to Section 12807, are also
exempt from performing the safe handling demonstration.
(9) Commencing July 1, 1992, the licensee shall offer to provide
the purchaser or transferee of a firearm, or person being loaned a
firearm, with a copy of the pamphlet described in Section 12080 and
may add the cost of the pamphlet, if any, to the sales price of the
firearm.
(10) The licensee shall not commit an act of collusion as defined
in Section 12072.
(11) The licensee shall post conspicuously within the licensed
premises a detailed list of each of the following:
(A) All charges required by governmental agencies for processing
firearm transfers required by Sections 12076, 12082, and 12806.
(B) All fees that the licensee charges pursuant to Sections 12082
and 12806.
(12) The licensee shall not misstate the amount of fees charged by
a governmental agency pursuant to Sections 12076, 12082, and 12806.

(13) Except as provided in subparagraphs (B) and (C) of paragraph
(1) of subdivision (b), all firearms that are in the inventory of the
licensee shall be kept within the licensed location. The licensee
shall report the loss or theft of any firearm that is merchandise of
the licensee, any firearm that the licensee takes possession of
pursuant to Section 12082, or any firearm kept at the licensee's
place of business within 48 hours of discovery to the appropriate law
enforcement agency in the city, county, or city and county where the
licensee's business premises are located.
(14) Except as provided in subparagraphs (B) and (C) of paragraph
(1) of subdivision (b), any time when the licensee is not open for
business, all inventory firearms shall be stored in the licensed
location. All firearms shall be secured using one of the following
methods as to each particular firearm:
(A) Store the firearm in a secure facility that is a part of, or
that constitutes, the licensee's business premises.
(B) Secure the firearm with a hardened steel rod or cable of at
least one-eighth inch in diameter through the trigger guard of the
firearm. The steel rod or cable shall be secured with a hardened
steel lock that has a shackle. The lock and shackle shall be
protected or shielded from the use of a boltcutter and the rod or
cable shall be anchored in a manner that prevents the removal of the
firearm from the premises.
(C) Store the firearm in a locked fireproof safe or vault in the
licensee's business premises.
(15) The licensing authority in an unincorporated area of a county
or within a city may impose security requirements that are more
strict or are at a higher standard than those specified in paragraph
(14).
(16) Commencing January 1, 1994, the licensee shall, upon the
issuance or renewal of a license, submit a copy of the same to the
Department of Justice.
(17) The licensee shall maintain and make available for inspection
during business hours to any peace officer, authorized local law
enforcement employee, or Department of Justice employee designated by
the Attorney General, upon the presentation of proper
identification, a firearms transaction record.
(18) (A) On the date of receipt, the licensee shall report to the
Department of Justice in a format prescribed by the department the
acquisition by the licensee of the ownership of a pistol, revolver,
or other firearm capable of being concealed upon the person.
(B) The provisions of this paragraph shall not apply to any of the
following transactions:
(i) A transaction subject to the provisions of subdivision (n) of
Section 12078.
(ii) The dealer acquired the firearm from a wholesaler.
(iii) The dealer is also licensed as a secondhand dealer pursuant
to Article 4 (commencing with Section 21625) of Chapter 9 of Division
8 of the Business and Professions Code.
(iv) The dealer acquired the firearm from a person who is licensed
as a manufacturer or importer to engage in those activities pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code and any regulations issued pursuant thereto.
(v) The dealer acquired the firearm from a person who resides
outside this state who is licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and any
regulations issued pursuant thereto.
(19) The licensee shall forward in a format prescribed by the
Department of Justice, information as required by the department on
any firearm that is not delivered within the time period set forth in
Section 478.102 (c) of Title 27 of the Code of Federal Regulations.

(20) (A) Firearms dealers may require any agent who handles,
sells, or delivers firearms to obtain and provide to the dealer a
certificate of eligibility from the department pursuant to paragraph
(4) of subdivision (a). The agent or employee shall provide on the
application, the name and California firearms dealer number of the
firearms dealer with whom he or she is employed.
(B) The department shall notify the firearms dealer in the event
that the agent or employee who has a certificate of eligibility is or
becomes prohibited from possessing firearms.
(C) If the local jurisdiction requires a background check of the
agents or employees of the firearms dealer, the agent or employee
shall obtain a certificate of eligibility pursuant to subparagraph
(A).
(D) Nothing in this paragraph shall be construed to preclude a
local jurisdiction from conducting an additional background check
pursuant to Section 11105 or prohibiting employment based on criminal
history that does not appear as part of obtaining a certificate of
eligibility, provided however, that the local jurisdiction may not
charge a fee for the additional criminal history check.
(E) The licensee shall prohibit any agent who the licensee knows
or reasonably should know is within a class of persons prohibited
from possessing firearms pursuant to Section 12021 or 12021.1 of this
code, or Section 8100 or 8103 of the Welfare and Institutions Code,
from coming into contact with any firearm that is not secured and
from accessing any key, combination, code, or other means to open any
of the locking devices described in clause (ii) of subparagraph (G)
of this paragraph.
(F) Nothing in this paragraph shall be construed as preventing a
local government from enacting an ordinance imposing additional
conditions on licensees with regard to agents.
(G) For purposes of this section, the following definitions shall
apply:
(i) An "agent" is an employee of the licensee.
(ii) "Secured" means a firearm that is made inoperable in one or
more of the following ways:
(I) The firearm is inoperable because it is secured by a firearms
safety device listed on the department's roster of approved firearms
safety devices pursuant to subdivision (d) of Section 12088 of this
chapter.
(II) The firearm is stored in a locked gun safe or long-gun safe
which meets the standards for department-approved gun safes set forth
in Section 12088.2.
(III) The firearm is stored in a distinct locked room or area in
the building that is used to store firearms that can only be unlocked
by a key, a combination, or similar means.
(IV) The firearm is secured with a hardened steel rod or cable
that is at least one-eighth of an inch in diameter through the
trigger guard of the firearm. The steel rod or cable shall be secured
with a hardened steel lock that has a shackle. The lock and shackle
shall be protected or shielded from the use of a boltcutter and the
rod or cable shall be anchored in a manner that prevents the removal
of the firearm from the premises.
(c) (1) As used in this article, "clear evidence of his or her
identity and age" means either of the following:
(A) A valid California driver's license.
(B) A valid California identification card issued by the
Department of Motor Vehicles.
(2) As used in this section, a "secure facility" means a building
that meets all of the following specifications:
(A) All perimeter doorways shall meet one of the following:
(i) A windowless steel security door equipped with both a dead
bolt and a doorknob lock.
(ii) A windowed metal door that is equipped with both a dead bolt
and a doorknob lock. If the window has an opening of five inches or
more measured in any direction, the window shall be covered with
steel bars of at least 1/2-inch diameter or metal grating of at least
9 gauge affixed to the exterior or interior of the door.
(iii) A metal grate that is padlocked and affixed to the licensee'
s premises independent of the door and doorframe.
(B) All windows are covered with steel bars.
(C) Heating, ventilating, air-conditioning, and service openings
are secured with steel bars, metal grating, or an alarm system.
(D) Any metal grates have spaces no larger than six inches wide
measured in any direction.
(E) Any metal screens have spaces no larger than three inches wide
measured in any direction.
(F) All steel bars shall be no further than six inches apart.
(3) As used in this section, "licensed premises," "licensed place
of business," "licensee's place of business," or "licensee's business
premises" means the building designated in the license.
(4) For purposes of paragraph (17) of subdivision (b):
(A) A "firearms transaction record" is a record containing the
same information referred to in subdivision (a) of Section 478.124,
Section 478.124a, and subdivision (e) of Section 478.125 of Title 27
of the Code of Federal Regulations.
(B) A licensee shall be in compliance with the provisions of
paragraph (17) of subdivision (b) if he or she maintains and makes
available for inspection during business hours to any peace officer,
authorized local law enforcement employee, or Department of Justice
employee designated by the Attorney General, upon the presentation of
proper identification, the bound book containing the same
information referred to in Section 478.124a and subdivision (e) of
Section 478.125 of Title 27 of the Code of Federal Regulations and
the records referred to in subdivision (a) of

Section 478.124 of Title 27 of the
Code of Federal Regulations.
(d) Upon written request from a licensee, the licensing authority
may grant an exemption from compliance with the requirements of
paragraph (14) of subdivision (b) if the licensee is unable to comply
with those requirements because of local ordinances, covenants,
lease conditions, or similar circumstances not under the control of
the licensee.
(e) (1) Except as otherwise provided in this paragraph, the
Department of Justice shall keep a centralized list of all persons
licensed pursuant to subparagraphs (A) to (E), inclusive, of
paragraph (1) of subdivision (a). The department may remove from this
list any person who knowingly or with gross negligence violates this
article. Upon removal of a dealer from this list, notification shall
be provided to local law enforcement and licensing authorities in
the jurisdiction where the dealer's business is located.
(2) The department shall remove from the centralized list any
person whose federal firearms license has expired or has been
revoked.
(3) Information compiled from the list shall be made available,
upon request, for the following purposes only:
(A) For law enforcement purposes.
(B) When the information is requested by a person licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code for determining the validity of the license
for firearm shipments.
(C) When information is requested by a person promoting,
sponsoring, operating, or otherwise organizing a show or event as
defined in Section 478.100 of Title 27 of the Code of Federal
Regulations, or its successor, who possesses a valid certificate of
eligibility issued pursuant to Section 12071.1, if that information
is requested by the person to determine the eligibility of a
prospective participant in a gun show or event to conduct
transactions as a firearms dealer pursuant to subparagraph (B) of
paragraph (1) of subdivision (b).
(4) Information provided pursuant to paragraph (3) shall be
limited to information necessary to corroborate an individual's
current license status as being one of the following:
(A) A person licensed pursuant to subparagraphs (A) to (E),
inclusive, of paragraph (1) of subdivision (a).
(B) A person licensed pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and who is not
subject to the requirement that he or she be licensed pursuant to
subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision
(a).
(f) The Department of Justice may inspect dealers to ensure
compliance with this article. The department may assess an annual
fee, not to exceed one hundred fifteen dollars ($115), to cover the
reasonable cost of maintaining the list described in subdivision (e),
including the cost of inspections. Dealers whose place of business
is in a jurisdiction that has adopted an inspection program to ensure
compliance with firearms law shall be exempt from that portion of
the department's fee that relates to the cost of inspections. The
applicant is responsible for providing evidence to the department
that the jurisdiction in which the business is located has the
inspection program.
(g) The Department of Justice shall maintain and make available
upon request information concerning the number of inspections
conducted and the amount of fees collected pursuant to subdivision
(f), a listing of exempted jurisdictions, as defined in subdivision
(f), the number of dealers removed from the centralized list defined
in subdivision (e), and the number of dealers found to have violated
this article with knowledge or gross negligence.
(h) Paragraph (14) or (15) of subdivision (b) shall not apply to a
licensee organized as a nonprofit public benefit or mutual benefit
corporation organized pursuant to Part 2 (commencing with Section
5110) or Part 3 (commencing with Section 7110) of Division 2 of the
Corporations Code, if both of the following conditions are satisfied:

(1) The nonprofit public benefit or mutual benefit corporation
obtained the dealer's license solely and exclusively to assist that
corporation or local chapters of that corporation in conducting
auctions or similar events at which firearms are auctioned off to
fund the activities of that corporation or the local chapters of the
corporation.
(2) The firearms are not pistols, revolvers, or other firearms
capable of being concealed upon the person.



12071.1. (a) No person shall produce, promote, sponsor, operate, or
otherwise organize a gun show or event, as specified in subparagraph
(B) of paragraph (1) of subdivision (b) of Section 12071, unless
that person possesses a valid certificate of eligibility from the
Department of Justice. Unless the department's records indicate that
the applicant is a person prohibited from possessing firearms, a
certificate of eligibility shall be issued by the Department of
Justice to an applicant provided the applicant does all of the
following:
(1) Certifies that he or she is familiar with the provisions of
this section and Section 12071.4.
(2) Ensures that liability insurance is in effect for the duration
of an event or show in an amount of not less than one million
dollars ($1,000,000).
(3) Provides an annual list of the gun shows or events that the
applicant plans to promote, produce, sponsor, operate, or otherwise
organize during the year for which the certificate of eligibility is
issued, including the date, time, and location of the gun shows or
events.
(b) If during that year the information required by paragraph (3)
of subdivision (a) changes, or additional gun shows or events will be
promoted, produced, sponsored, operated, or otherwise organized by
the applicant, the producer shall notify the Department of Justice no
later than 30 days prior to the gun show or event.
(c) As used in this section, a "licensed gun show producer" means
a person who has been issued a certificate of eligibility by the
Department of Justice pursuant to subdivision (a). No regulations
shall be required to implement this subdivision.
(d) The Department of Justice shall adopt regulations to
administer the certificate of eligibility program under this section
and shall recover the full costs of administering the program by fees
assessed applicants who apply for certificates. A licensed gun show
producer shall be assessed an annual fee of eighty-five dollars
($85) by the department.
(e) (1) A willful failure by a gun show producer to comply with
any of the requirements of this section, except for the posting of
required signs, shall be a misdemeanor punishable by a fine not to
exceed two thousand dollars ($2,000), and shall render the producer
ineligible for a gun show producer license for one year from the date
of the conviction.
(2) The willful failure of a gun show producer to post signs as
required by this section shall be a misdemeanor punishable by a fine
not to exceed one thousand dollars ($1,000) for the first offense and
not to exceed two thousand dollars ($2,000) for the second or
subsequent offense, and with respect to the second or subsequent
offense, shall render the producer ineligible for a gun show producer
license for one year from the date of the conviction.
(3) Multiple violations charged pursuant to paragraph (1) arising
from more than one gun show or event shall be grounds for suspension
of a producer's certificate of eligibility pending adjudication of
the violations.
(f) Prior to the commencement of a gun show or event, the producer
thereof shall, upon written request, within 48 hours, or a later
time specified by the requesting law enforcement agency, make
available to the requesting law enforcement agency with jurisdiction
over the facility, a complete and accurate list of all persons,
entities, and organizations that have leased or rented, or are known
to the producer to intend to lease or rent, any table, display space,
or area at the gun show or event for the purpose of selling,
leasing, or transferring firearms.
The producer shall thereafter, upon written request, for every day
the gun show or event operates, within 24 hours, or a later time
specified by the requesting law enforcement agency, make available to
the requesting law enforcement agency with jurisdiction over the
facility, an accurate, complete, and current list of the persons,
entities, and organizations that have leased or rented, or are known
to the producer to intend to lease or rent, any table, display space,
or area at the gun show or event for the purpose of selling,
leasing, or transferring firearms.
This subdivision applies to persons, entities, and organizations
whether or not they participate in the entire gun show or event, or
only a portion thereof.
(g) The information that may be requested by the law enforcement
agency with jurisdiction over the facility, and that shall be
provided by the producer upon request, may include, but is not
limited to, the following information relative to a vendor who offers
for sale firearms manufactured after December 31, 1898: his or her
complete name, and a driver's license or identification card number.

(h) The producer and facility manager shall prepare an annual
event and security plan and schedule that shall include, at a
minimum, the following:
(1) The type of shows or events including, but not limited to,
antique or general firearms.
(2) The estimated number of vendors offering firearms for sale or
display.
(3) The estimated number of attendees.
(4) The number of entrances and exits at the gun show or event
site.
(5) The location, dates, and times of the shows or events.
(6) The contact person and telephone number for both the producer
and the facility.
(7) The number of sworn peace officers employed by the producer or
the facilities manager who will be present at the show or event.
(8) The number of nonsworn security personnel employed by the
producer or the facility's manager who will be present at the show or
event.
(i) The annual event and security plan shall be submitted by
either the producer or the facility's manager to the Department of
Justice and the law enforcement agency with jurisdiction over the
facility. Not later than 15 days prior to the commencement of the
gun show or event, the producer shall submit to the department, the
law enforcement agency with jurisdiction over the facility site, and
the facility's manager a revised event and security plan if
significant changes have been made since the annual plan was
submitted, including a revised list of vendors that the producer
knows, or reasonably should know, will be renting tables, space, or
otherwise participating in the gun show or event. The event and
security plan shall be approved by the facility's manager prior to
the event or show after consultation with the law enforcement agency
with jurisdiction over the facility. No gun show or event shall
commence unless the requirements of this subdivision are met.
(j) The producer shall be responsible for informing prospective
gun show vendors of the requirements of this section and of Section
12071.4 that apply to vendors.
(k) The producer shall, within seven calendar days of the
commencement of the show or event, but not later than noon on Friday
for a show or event held on a weekend, submit a list of all
prospective vendors and designated firearms transfer agents who are
licensed firearms dealers to the Department of Justice for the
purpose of determining whether these prospective vendors and
designated firearms transfer agents possess valid licenses and are
thus eligible to participate as licensed dealers at the show or
event. The department shall examine its records and if it determines
that a dealer's license is not valid, it shall notify the show or
event producer of that fact prior to the commencement of the show or
event.
(l) If a licensed firearms dealer fails to cooperate with a
producer or fails to comply with the applicable requirements of this
section or Section 12071.4, that person shall not be allowed to
participate in that show or event.
(m) If a producer fails to comply with subdivision (j) or (k), the
gun show or event shall not commence until those requirements are
met.
(n) All producers shall have written contracts with all gun show
vendors selling firearms at the show or event.
(o) The producer shall require that signs be posted in a readily
visible location at each public entrance to the show containing, but
not limited to, the following notices:
(1) This gun show follows all federal, state, and local firearms
and weapons laws without exception.
(2) All firearms carried onto the premises by members of the
public will be checked, cleared of any ammunition, secured in a
manner that prevents them from being operated, and an identification
tag or sticker will be attached to the firearm prior to the person
being allowed admittance to the show.
(3) No member of the public under the age of 18 years shall be
admitted to the show unless accompanied by a parent, grandparent, or
legal guardian.
(4) All firearms transfers between private parties at the show
shall be conducted through a licensed dealer in accordance with
applicable state and federal laws.
(5) Persons possessing firearms on this facility must have in
their immediate possession government-issued photo identification,
and display it upon request to any security officer or any peace
officer, as defined in Section 830.
(p) The show producer shall post, in a readily visible location at
each entrance to the parking lot at the show, signage that states:
"The transfer of firearms on the parking lot of this facility is a
crime."
(q) It is the intent of the Legislature that the certificate of
eligibility program established pursuant to this section be
incorporated into the certificate of eligibility program established
pursuant to Section 12071 to the maximum extent practicable.



12071.4. (a) This section shall be known, and may be cited as, the
Gun Show Enforcement and Security Act of 2000.
(b) All gun show or event vendors shall certify in writing to the
producer that they:
(1) Will not display, possess, or offer for sale any firearms,
knives, or weapons for which possession or sale is prohibited.
(2) Acknowledge that they are responsible for knowing and
complying with all applicable federal, state, and local laws dealing
with the possession and transfer of firearms.
(3) Will not engage in activities that incite or encourage hate
crimes.
(4) Will process all transfers of firearms through licensed
firearms dealers as required by state law.
(5) Will verify that all firearms in their possession at the show
or event will be unloaded, and that the firearms will be secured in a
manner that prevents them from being operated except for brief
periods when the mechanical condition of a firearm is being
demonstrated to a prospective buyer.
(6) Have complied with the requirements of subdivision (e).
(7) Will not display or possess black powder, or offer it for
sale.
(c) All firearms transfers at the gun show or event shall be in
accordance with applicable state and federal laws.
(d) Except for purposes of showing ammunition to a prospective
buyer, ammunition at a gun show or event may be displayed only in
closed original factory boxes or other closed containers.
(e) Prior to the commencement of a gun show or event, each vendor
shall provide to the producer all of the following information
relative to the vendor, the vendor's employees, and other persons,
compensated or not, who will be working or otherwise providing
services to the public at the vendor's display space if firearms
manufactured after December 31, 1898, will be offered for sale:
(1) His or her complete name.
(2) His or her driver's license or state-issued identification
card number.
(3) His or her date of birth.
The producer shall keep the information at the show's or event's
onsite headquarters for the duration of the show or event, and at the
producer's regular place of business for two weeks after the
conclusion of the show or event, and shall make the information
available upon request to any sworn peace officer for purposes of the
officer's official law enforcement duties.
(f) Vendors and employees of vendors shall wear name tags
indicating first and last name.
(g) No person at a gun show or event, other than security
personnel or sworn peace officers, shall possess at the same time
both a firearm and ammunition that is designed to be fired in the
firearm. Vendors having those items at the show for sale or
exhibition are exempt from this prohibition.
(h) No member of the public who is under the age of 18 years shall
be admitted to, or be permitted to remain at, a gun show or event
unless accompanied by a parent or legal guardian. Any member of the
public who is under the age of 18 shall be accompanied by his or her
parent, grandparent, or legal guardian while at the show or event.
(i) Persons other than show or event security personnel, sworn
peace officers, or vendors, who bring firearms onto the gun show or
event premises shall sign in ink the tag or sticker that is attached
to the firearm prior to being allowed admittance to the show or
event, as provided for in subdivision (j).
(j) All firearms carried onto the premises of a gun show or event
by members of the public shall be checked, cleared of any ammunition,
secured in a manner that prevents them from being operated, and an
identification tag or sticker shall be attached to the firearm, prior
to the person being allowed admittance to the show. The
identification tag or sticker shall state that all firearms transfers
between private parties at the show or event shall be conducted
through a licensed dealer in accordance with applicable state and
federal laws. The person possessing the firearm shall complete the
following information on the tag before it is attached to the
firearm:
(1) The gun owner's signature.
(2) The gun owner's printed name.
(3) The identification number from the gun owner's
government-issued photo identification.
(k) All persons possessing firearms at the gun show or event shall
have in his or her immediate possession, government-issued photo
identification, and display it upon request, to any security officer,
or any peace officer.
(l) Unless otherwise specified, a first violation of this section
is an infraction. Any second or subsequent violation is a
misdemeanor. Any person who commits an act which he or she knows to
be a violation of this section is guilty of a misdemeanor for a first
offense.


12072. (a) (1) No person, corporation, or firm shall knowingly
supply, deliver, sell, or give possession or control of a firearm to
any person within any of the classes prohibited by Section 12021 or
12021.1.
(2) No person, corporation, or dealer shall sell, supply, deliver,
or give possession or control of a firearm to any person whom he or
she has cause to believe to be within any of the classes prohibited
by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of
the Welfare and Institutions Code.
(3) (A) No person, corporation, or firm shall sell, loan, or
transfer a firearm to a minor, nor sell a handgun to an individual
under 21 years of age.
(B) Subparagraph (A) shall not apply to or affect those
circumstances set forth in subdivision (p) of Section 12078.
(4) No person, corporation, or dealer shall sell, loan, or
transfer a firearm to any person whom he or she knows or has cause to
believe is not the actual purchaser or transferee of the firearm, or
to any person who is not the person actually being loaned the
firearm, if the person, corporation, or dealer has either of the
following:
(A) Knowledge that the firearm is to be subsequently loaned, sold,
or transferred to avoid the provisions of subdivision (c) or (d).
(B) Knowledge that the firearm is to be subsequently loaned, sold,
or transferred to avoid the requirements of any exemption to the
provisions of subdivision (c) or (d).
(5) No person, corporation, or dealer shall acquire a firearm for
the purpose of selling, transferring, or loaning the firearm, if the
person, corporation, or dealer has either of the following:
(A) In the case of a dealer, intent to violate subdivision (b) or
(c).
(B) In any other case, intent to avoid either of the following:
(i) The provisions of subdivision (d).
(ii) The requirements of any exemption to the provisions of
subdivision (d).
(6) The dealer shall comply with the provisions of paragraph (18)
of subdivision (b) of Section 12071.
(7) The dealer shall comply with the provisions of paragraph (19)
of subdivision (b) of Section 12071.
(8) No person shall sell or otherwise transfer his or her
ownership in a pistol, revolver, or other firearm capable of being
concealed upon the person unless the firearm bears either:
(A) The name of the manufacturer, the manufacturer's make or
model, and a manufacturer's serial number assigned to that firearm.
(B) The identification number or mark assigned to the firearm by
the Department of Justice pursuant to Section 12092.
(9) (A) No person shall make an application to purchase more than
one pistol, revolver, or other firearm capable of being concealed
upon the person within any 30-day period.
(B) Subparagraph (A) shall not apply to any of the following:
(i) Any law enforcement agency.
(ii) Any agency duly authorized to perform law enforcement duties.

(iii) Any state or local correctional facility.
(iv) Any private security company licensed to do business in
California.
(v) Any person who is properly identified as a full-time paid
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2, and who is authorized to, and does carry a
firearm during the course and scope of his or her employment as a
peace officer.
(vi) Any motion picture, television, or video production company
or entertainment or theatrical company whose production by its nature
involves the use of a firearm.
(vii) Any person who may, pursuant to Section 12078, claim an
exemption from the waiting period set forth in subdivision (c) of
this section.
(viii) Any transaction conducted through a licensed firearms
dealer pursuant to Section 12082.
(ix) Any person who is licensed as a collector pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto and who has a
current certificate of eligibility issued to him or her by the
Department of Justice pursuant to Section 12071.
(x) The exchange of a pistol, revolver, or other firearm capable
of being concealed upon the person where the dealer purchased that
firearm from the person seeking the exchange within the 30-day period
immediately preceding the date of exchange or replacement.
(xi) The replacement of a pistol, revolver, or other firearm
capable of being concealed upon the person when the person's pistol,
revolver, or other firearm capable of being concealed upon the person
was lost or stolen, and the person reported that firearm lost or
stolen prior to the completion of the application to purchase to any
local law enforcement agency of the city, county, or city and county
in which he or she resides.
(xii) The return of any pistol, revolver, or other firearm capable
of being concealed upon the person to its owner.
(b) No person licensed under Section 12071 shall supply, sell,
deliver, or give possession or control of a pistol, revolver, or
firearm capable of being concealed upon the person to any person
under the age of 21 years or any other firearm to a person under the
age of 18 years.
(c) No dealer, whether or not acting pursuant to Section 12082,
shall deliver a firearm to a person, as follows:
(1) Within 10 days of the application to purchase, or, after
notice by the department pursuant to subdivision (d) of Section
12076, within 10 days of the submission to the department of any
correction to the application, or within 10 days of the submission to
the department of any fee required pursuant to subdivision (e) of
Section 12076, whichever is later.
(2) Unless unloaded and securely wrapped or unloaded and in a
locked container.
(3) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of his or her identity and age, as
defined in Section 12071, to the dealer.
(4) Whenever the dealer is notified by the Department of Justice
that the person is in a prohibited class described in Section 12021
or 12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code.
(5) (A) Commencing April 1, 1994, and until January 1, 2003, no
pistol, revolver, or other firearm capable of being concealed upon
the person shall be delivered unless the purchaser, transferee, or
person being loaned the firearm presents to the dealer a basic
firearms safety certificate.
(B) Commencing January 1, 2003, no handgun shall be delivered
unless the purchaser, transferee, or person being loaned the handgun
presents a handgun safety certificate to the dealer.
(6) No pistol, revolver, or other firearm capable of being
concealed upon the person shall be delivered whenever the dealer is
notified by the Department of Justice that within the preceding
30-day period the purchaser has made another application to purchase
a pistol, revolver, or other firearm capable of being concealed upon
the person and that the previous application to purchase involved
none of the entities specified in subparagraph (B) of paragraph (9)
of subdivision (a).
(d) Where neither party to the transaction holds a dealer's
license issued pursuant to Section 12071, the parties to the
transaction shall complete the sale, loan, or transfer of that
firearm through a licensed firearms dealer pursuant to Section 12082.

(e) No person may commit an act of collusion relating to Article 8
(commencing with Section 12800) of Chapter 6. For purposes of this
section and Section 12071, collusion may be proven by any one of the
following factors:
(1) Answering a test applicant's questions during an objective
test relating to firearms safety.
(2) Knowingly grading the examination falsely.
(3) Providing an advance copy of the test to an applicant.
(4) Taking or allowing another person to take the basic firearms
safety course for one who is the applicant for a basic firearms
safety certificate or a handgun safety certificate.
(5) Allowing another to take the objective test for the applicant,
purchaser, or transferee.
(6) Using or allowing another to use one's identification, proof
of residency, or thumbprint.
(7) Allowing others to give unauthorized assistance during the
examination.
(8) Reference to unauthorized materials during the examination and
cheating by the applicant.
(9) Providing originals or photocopies of the objective test, or
any version thereof, to any person other than as authorized by the
department.
(f) (1) (A) Commencing July 1, 2008, a person who is licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code may not deliver, sell, or transfer a firearm
to a person in California who is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
unless, prior to delivery, the person intending to deliver, sell, or
transfer the firearm obtains a verification number via the Internet
for the intended delivery, sale, or transfer, from the department. If
Internet service is unavailable to either the department or the
licensee due to a technical or other malfunction, or a federal
firearms licensee who is located outside of California does not
possess a computer or have Internet access, alternate means of
communication, including facsimile or telephone, shall be made
available for a licensee to obtain a verification number in order to
comply with this section. This subdivision shall not apply to the
delivery, sale, or transfer of a short-barreled rifle, or
short-barreled shotgun, as defined in Section 12020, or to a
machinegun as defined in Section 12200, or to an assault weapon as
defined in Sections 12276, 12276.1, and 12276.5.
(B) For every identification number request received pursuant to
this section, the department shall determine whether the intended
recipient is on the centralized list of firearms dealers pursuant to
this section, or the centralized list of exempted federal firearms
licensees pursuant to subdivision (a) of Section 12083, or the
centralized list of firearms manufacturers pursuant to subdivision
(f) of Section 12086.
(C) If the department finds that the intended recipient is on one
of these lists, the department shall issue to the inquiring party, a
unique identification number for the intended delivery, sale, or
transfer. In addition to the unique verification number, the
department may provide to the inquiring party information necessary
for determining the eligibility of the intended recipient to receive
the firearm. The person intending to deliver, sell, or transfer the
firearm shall provide the unique verification number to the recipient
along with the firearm upon delivery, in a manner to be determined
by the department.
(D) If the department finds that the intended recipient is not on
one of these lists, the department shall notify the inquiring party
that the intended recipient is ineligible to receive the firearm.
(E) The department shall prescribe the manner in which the
verification numbers may be requested via the Internet, or by
alternate means of communication, such as by facsimile or telephone,
including all required enrollment information and procedures.
(2) (A) On or after January 1, 1998, within 60 days of bringing a
pistol, revolver, or other firearm capable of being concealed upon
the person into this state, a personal handgun importer shall do one
of the following:
(i) Forward by prepaid mail or deliver in person to the Department
of Justice, a report prescribed by the department including
information concerning that individual and a description of the
firearm in question.
(ii) Sell or transfer the firearm in accordance with the
provisions of subdivision (d) or in accordance with the provisions of
an exemption from subdivision (d).
(iii) Sell or transfer the firearm to a dealer licensed pursuant
to Section 12071.
(iv) Sell or transfer the firearm to a sheriff or police
department.
(B) If the personal handgun importer sells or transfers the
pistol, revolver, or other firearm capable of being concealed upon
the person pursuant to subdivision (d) of Section 12072 and the sale
or transfer cannot be completed by the dealer to the purchaser or
transferee, and the firearm can be returned to the personal handgun
importer, the personal handgun importer shall have complied with the
provisions of this paragraph.
(C) The provisions of this paragraph are cumulative and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by this
section and different provisions of the Penal Code shall not be
punished under more than one provision.
(D) (i) On and after January 1, 1998, the department shall conduct
a public education and notification program regarding this paragraph
to ensure a high degree of publicity of the provisions of this
paragraph.
(ii) As part of the public education and notification program
described in this subparagraph, the department shall do all of the
following:
(I) Work in conjunction with the Department of Motor Vehicles to
ensure that any person who is subject to this paragraph is advised of
the provisions of this paragraph, and provided with blank copies of
the report described in clause (i) of subparagraph (A) at the time
that person applies for a California driver's license or registers
his or her motor vehicle in accordance with the Vehicle Code.
(II) Make the reports referred to in clause (i) of subparagraph
(A) available to dealers licensed pursuant to Section 12071.
(III) Make the reports referred to in clause (i) of subparagraph
(A) available to law enforcement agencies.
(IV) Make persons subject to the provisions of this paragraph
aware of the fact that reports referred to in clause (i) of
subparagraph (A) may be completed at either the licensed premises of
dealers licensed pursuant to Section 12071 or at law enforcement
agencies, that it is advisable to do so for the sake of accuracy and
completeness of the reports, that prior to transporting a pistol,
revolver, or other firearm capable of being concealed upon the person
to a law enforcement agency in order to comply with subparagraph
(A), the person should give prior notice to the law enforcement
agency that he or she is doing so, and that in any event, the pistol,
revolver, or other firearm capable of being concealed upon the
person should be transported unloaded and in a locked container.
(iii) Any costs incurred by the department to implement this
paragraph shall be absorbed by the department within its existing
budget and the fees in the Dealers' Record of Sale Special Account
allocated for implementation of this subparagraph pursuant to Section
12076.
(3) Where a person who is licensed as a collector pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto, whose
licensed premises are within this state, acquires a pistol, revolver,
or other firearm capable of being concealed upon the person that is
a curio or relic, as defined in Section 478.11 of Title 27 of the
Code of Federal Regulations, outside of this state, takes actual
possession of that firearm outside of this state pursuant to the
provisions of subsection (j) of Section 923 of Title 18 of the United
States Code, as amended by Public Law 104-208, and transports that
firearm into this state, within five days of that licensed collector
transporting that firearm into this state, he or she shall report to
the department in a format prescribed by the department his or her
acquisition of that firearm.
(4) (A) It is the intent of the Legislature that a violation of
paragraph (2) or (3) shall not constitute a "continuing offense" and
the statute of limitations for commencing a prosecution for a
violation of paragraph (2) or (3) commences on the date that the
applicable grace period specified in paragraph (2) or (3) expires.
(B) Paragraphs (2) and (3) shall not apply to a person who reports
his or her ownership of a pistol, revolver, or other firearm capable
of being concealed upon the person after the applicable grace period
specified in paragraph (2) or (3) expires if evidence of that
violation arises only as the result of the person submitting the
report described in paragraph (2) or (3).
(g) (1) Except as provided in paragraph (2), (3), or (5), a
violation of this section is a misdemeanor.
(2) If any of the following circumstances apply, a violation of
this section is punishable by imprisonment in the state prison for
two, three, or four years.
(A) If the violation is of paragraph (1) of subdivision (a).
(B) If the defendant has a prior conviction of violating the
provisions, other than paragraph (9) of subdivision (a), of this
section or former Section 12100 of this code or Section 8101 of the
Welfare and Institutions Code.
(C) If the defendant has a prior conviction of violating any
offense specified in subdivision (b) of Section 12021.1 or of a
violation of Section 12020, 12220, or 12520, or of former Section
12560.
(D) If the defendant is in a prohibited class described in Section
12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare
and Institutions Code.
(E) A violation of this section by a person who actively
participates in a "criminal street gang" as defined in Section
186.22.
(F) A violation of subdivision (b) involving the delivery of any
firearm to a person who the dealer knows, or should know, is a minor.

(3) If any of the following circumstances apply, a violation of
this section shall be punished by imprisonment in a county jail not
exceeding one year or in the state prison, or by a fine not to exceed
one thousand dollars ($1,000), or by both that fine and
imprisonment.
(A) A violation of paragraph (2), (4), or (5) of subdivision (a).

(B) A violation of paragraph (3) of subdivision (a) involving the
sale, loan, or transfer of a pistol, revolver, or other firearm
capable of being concealed upon the person to a minor.
(C) A violation of subdivision (b) involving the delivery of a
pistol, revolver, or other firearm capable of being concealed upon
the person.
(D) A violation of paragraph (1), (3), (4), (5), or (6) of
subdivision (c) involving a pistol, revolver, or other firearm
capable of being concealed upon the person.
(E) A violation of subdivision (d) involving a pistol, revolver,
or other firearm capable of being concealed upon the person.
(F) A violation of subdivision (e).
(4) If both of the following circumstances apply, an additional
term of imprisonment in the state prison for one, two, or three years
shall be imposed in addition and consecutive to the sentence
prescribed.
(A) A violation of paragraph (2) of subdivision (a) or subdivision
(b).
(B) The firearm transferred in violation of paragraph (2) of
subdivision (a) or subdivision (b) is used in the subsequent
commission of a felony for which a conviction is obtained and the
prescribed sentence is imposed.
(5) (A) A first violation of paragraph (9) of subdivision (a) is
an infraction punishable by a fine of fifty dollars ($50).
(B) A second violation of paragraph (9) of subdivision (a) is an
infraction punishable by a fine of one hundred dollars ($100).
(C) A third or subsequent violation of paragraph (9) of
subdivision (a) is a misdemeanor.
(D) For purposes of this paragraph each application to purchase a
pistol, revolver, or other firearm capable of being concealed upon
the person in violation of paragraph (9) of subdivision (a) shall be
deemed a separate offense.


12072.5. (a) For purposes of this section, "ballistics
identification systems" includes, but is not limited to, any
automated image analysis system that is capable of storing firearm
ballistic markings and tracing those markings to the firearm that
produced them.
(b) The Attorney General shall conduct a study to evaluate
ballistics identification systems to determine the feasibility and
potential benefits to law enforcement of utilizing a statewide
ballistics identification system capable of maintaining a data base
of ballistic images and information from test fired and sold
firearms. The study shall include an evaluation of ballistics
identification systems currently used by state and federal law
enforcement agencies and the firearms industry. The Attorney General
shall consult with law enforcement agencies, firearms industry
representatives, private technology providers, and other appropriate
parties in conducting the study.
(c) In evaluating ballistics identification systems to determine
the feasibility of utilizing a statewide system as required pursuant
to subdivision (b), the Attorney General shall consider, at a
minimum, the following:
(1) The development of methods by which firearm manufacturers,
importers, and dealers may potentially capture ballistic images from
firearms prior to sale in California and forward that information to
the Attorney General.
(2) The development of methods by which the Attorney General will
receive, store, and make available to law enforcement ballistic
images submitted by firearm manufacturers, importers, and dealers
prior to sale in California.
(3) The potential financial costs to the Attorney General of
implementing and operating a statewide ballistics identification
system, including the process for receipt of information from firearm
manufacturers, importers, and dealers.
(4) The capability of a ballistics identification system
maintaining a data base of ballistic images and information from test
fired firearms for all firearms sold in California.
(5) The compatibility of a ballistics identification system with
ballistics identification systems that are currently used by law
enforcement agencies in California.
(6) A method to ensure that state and local law enforcement
agencies can forward ballistic identification information to the
Attorney General for inclusion in a statewide ballistics
identification system.
(7) The feasibility and potential benefits to law enforcement of
requiring firearm manufacturers, importers, and dealers to provide
the Attorney General with ballistic images from any, or a selected
number of, test fired firearms prior to the sale of those firearms in
California.
(d) The Attorney General shall submit a report to the Legislature
with the results of the study not later than June 1, 2001. In the
event the report includes a determination that a ballistics
identification system and data base is feasible and would benefit law
enforcement, the report shall also recommend a strategy for
implementation.



12073. (a) As required by the Department of Justice, every dealer
shall keep a register or record of electronic or telephonic transfer
in which shall be entered the information prescribed in Section
12077.
(b) This section shall not apply to any of the following
transactions:
(1) The delivery, sale, or transfer of an unloaded firearm that is
not a handgun by a dealer to another dealer upon proof of compliance
with the requirements of paragraph (1) of subdivision (f) of Section
12072.
(2) The delivery, sale, or transfer of an unloaded firearm by a
dealer to another dealer if that firearm is intended as merchandise
in the receiving dealer's business upon proof of compliance with the
requirements of paragraph (1) of subdivision (f) of Section 12072.
(3) The delivery, sale, or transfer of an unloaded firearm by a
dealer to a person licensed as an importer or manufacturer pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and any regulations issued pursuant thereto.
(4) The delivery, sale, or transfer of an unloaded firearm by a
dealer who sells, transfers, or delivers the firearm to a person who
resides outside this state who is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and any regulations issued pursuant thereto.
(5) The delivery, sale, or transfer of an unloaded firearm by a
dealer to a wholesaler if that firearm is being returned to the
wholesaler and is intended as merchandise in the wholesaler's
business.
(6) The delivery, sale, or transfer of an unloaded firearm that is
not a handgun by a dealer to himself or herself.
(7) The loan of an unloaded firearm by a dealer who also operates
a target facility which holds a business or regulatory license on the
premises of the building designated in the license or whose building
designated in the license is on the premises of any club or
organization organized for the purpose of practicing shooting at
targets upon established ranges, whether public or private, to a
person at that target facility or club or organization, if the
firearm is kept at all times within the premises of the target range
or on the premises of the club or organization.
(8) The delivery of an unloaded firearm by a dealer to a gunsmith
for service or repair.
(9) The return of an unloaded firearm to the owner of that firearm
by a dealer, if the owner initially delivered the firearm to the
dealer for service or repair.
(10) The loan of an unloaded firearm by a dealer to a person who
possesses a valid entertainment firearms permit issued pursuant to
Section 12081, for use solely as a prop in a motion picture,
television, video, theatrical, or other entertainment production or
event.
(11) The loan of an unloaded firearm by a dealer to a
consultant-evaluator, if the loan does not exceed 45 days from the
date of delivery of the firearm by the dealer to the
consultant-evaluator.
(c) A violation of this section is a misdemeanor.




12074. (a) The register shall be prepared by and obtained from the
State Printer and shall be furnished by the State Printer only to
dealers on application at a cost to be determined by the Department
of General Services for each 100 leaves in quadruplicate, one
original and three duplicates for the making of carbon copies. The
original and duplicate copies shall differ in color, and shall be in
the form provided by this article.
(b) Where the electronic transfer of applicant information is
used, the Department of Justice shall develop the standards for all
appropriate electronic equipment and telephone numbers to effect the
transfer of information to the department.



12075. The State Printer upon issuing a register shall forward to
the Department of Justice the name and business address of the dealer
together with the series and sheet numbers of the register. The
register shall not be transferable. If the dealer moves his business
to a different location he shall notify the department of such fact
in writing within 48 hours.



12076. (a) (1) Before January 1, 1998, the Department of Justice
shall determine the method by which a dealer shall submit firearm
purchaser information to the department and the information shall be
in one of the following formats:
(A) Submission of the register described in Section 12077.
(B) Electronic or telephonic transfer of the information contained
in the register described in Section 12077.
(2) On or after January 1, 1998, electronic or telephonic
transfer, including voice or facsimile transmission, shall be the
exclusive means by which purchaser information is transmitted to the
department.
(3) On or after January 1, 2003, except as permitted by the
department, electronic transfer shall be the exclusive means by which
information is transmitted to the department. Telephonic transfer
shall not be permitted for information regarding sales of any
firearms.
(b) (1) Where the register is used, the purchaser of any firearm
shall be required to present clear evidence of his or her identity
and age, as defined in Section 12071, to the dealer, and the dealer
shall require him or her to sign his or her current legal name and
affix his or her residence address and date of birth to the register
in quadruplicate. The salesperson shall affix his or her signature to
the register in quadruplicate as a witness to the signature and
identification of the purchaser. Any person furnishing a fictitious
name or address or knowingly furnishing any incorrect information or
knowingly omitting any information required to be provided for the
register and any person violating any provision of this section is
guilty of a misdemeanor, provided however, that any person who is
prohibited from obtaining a firearm pursuant to Section 12021 or
12021.1 of this code, or Section 8100 or 8103 of the Welfare and
Institutions Code who knowingly furnishes a fictitious name or
address or knowingly furnishes any incorrect information or knowingly
omits any information required to be provided for the register shall
be punished by imprisonment in a county jail not exceeding one year
or imprisonment in the state prison for a term of 8, 12, or 18
months.
(2) The original of the register shall be retained by the dealer
in consecutive order. Each book of 50 originals shall become the
permanent register of transactions that shall be retained for not
less than three years from the date of the last transaction and shall
be available for the inspection of any peace officer, Department of
Justice employee designated by the Attorney General, or agent of the
federal Bureau of Alcohol, Tobacco, Firearms, and Explosives upon the
presentation of proper identification, but no information shall be
compiled therefrom regarding the purchasers or other transferees of
firearms that are not pistols, revolvers, or other firearms capable
of being concealed upon the person.
(3) Two copies of the original sheet of the register, on the date
of the application to purchase, shall be placed in the mail, postage
prepaid, and properly addressed to the Department of Justice in
Sacramento.
(4) If requested, a photocopy of the original shall be provided to
the purchaser by the dealer.
(5) If the transaction is a private party transfer conducted
pursuant to Section 12082, a photocopy of the original shall be
provided to the seller or purchaser by the dealer, upon request. The
dealer shall redact all of the purchaser's personal information, as
required pursuant to paragraph (1) of subdivision (b) and paragraph
(1) of subdivision (c) of Section 12077, from the seller's copy, and
the seller's personal information from the purchaser's copy.
(c) (1) Where the electronic or telephonic transfer of applicant
information is used, the purchaser shall be required to present clear
evidence of his or her identity and age, as defined in Section
12071, to the dealer, and the dealer shall require him or her to sign
his or her current legal name to the record of electronic or
telephonic transfer. The salesperson shall affix his or her signature
to the record of electronic or telephonic transfer as a witness to
the signature and identification of the purchaser. Any person
furnishing a fictitious name or address or knowingly furnishing any
incorrect information or knowingly omitting any information required
to be provided for the electronic or telephonic transfer and any
person violating any provision of this section is guilty of a
misdemeanor, provided however, that any person who is prohibited from
obtaining a firearm pursuant to Section 12021 or 12021.1 of this
code, or Section 8100 or 8103 of the Welfare and Institutions Code
who knowingly furnishes a fictitious name or address or knowingly
furnishes any incorrect information or knowingly omits any
information required to be provided for the register shall be
punished by imprisonment in a county jail not exceeding one year or
imprisonment in the state prison for a term of 8, 12, or 18 months.
(2) The record of applicant information shall be transmitted to
the Department of Justice in Sacramento by electronic or telephonic
transfer on the date of the application to purchase.
(3) The original of each record of electronic or telephonic
transfer shall be retained by the dealer in consecutive order. Each
original shall become the permanent record of the transaction that
shall be retained for not less than three years from the date of the
last transaction and shall be provided for the inspection of any
peace officer, Department of Justice employee designated by the
Attorney General, or agent of the federal Bureau of Alcohol, Tobacco,
Firearms, and Explosives upon the presentation of proper
identification, but no information shall be compiled therefrom
regarding the purchasers or other transferees of firearms that are
not pistols, revolvers, or other firearms capable of being concealed
upon the person.
(4) If requested, a copy of the record of electronic or telephonic
transfer shall be provided to the purchaser by the dealer.
(5) If the transaction is a private party transfer conducted
pursuant to Section 12082, a copy shall be provided to the seller or
purchaser by the dealer, upon request. The dealer shall redact all of
the purchaser's personal information, as required pursuant to
paragraph (1) of subdivision (b) and paragraph (1) of subdivision (c)
of Section 12077, from the seller's copy, and the seller's personal
information from the purchaser's copy.
(d) (1) The department shall examine its records, as well as those
records that it is authorized to request from the State Department
of Mental Health pursuant to Section 8104 of the Welfare and
Institutions Code, in order to determine if the purchaser is a person
described in Section 12021, 12021.1, or subparagraph (A) of
paragraph (9) of subdivision (a) of Section 12072 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code.
(2) To the extent that funding is available, the Department of
Justice may participate in the National Instant Criminal Background
Check System (NICS), as described in subsection (t) of Section 922 of
Title 18 of the United States Code, and, if that participation is
implemented, shall notify the dealer and the chief of the police
department of the city or city and county in which the sale was made,
or if the sale was made in a district in which there is no municipal
police department, the sheriff of the county in which the sale was
made, that the purchaser is a person prohibited from acquiring a
firearm under federal law.
(3) If the department determines that the purchaser is a person
described in Section 12021, 12021.1, or subparagraph (A) of paragraph
(9) of subdivision (a) of Section 12072 of this code or Section 8100
or 8103 of the Welfare and Institutions Code, it shall immediately
notify the dealer and the chief of the police department of the city
or city and county in which the sale was made, or if the sale was
made in a district in which there is no municipal police department,
the sheriff of the county in which the sale was made, of that fact.
(4) If the department determines that the copies of the register
submitted to it pursuant to paragraph (3) of subdivision (b) contain
any blank spaces or inaccurate, illegible, or incomplete information,
preventing identification of the purchaser or the pistol, revolver,
or other firearm to be purchased, or if any fee required pursuant to
subdivision (e) is not submitted by the dealer in conjunction with
submission of copies of the register, the department may notify the
dealer of that fact. Upon notification by the department, the dealer
shall submit corrected copies of the register to the department, or
shall submit any fee required pursuant to subdivision (e), or both,
as appropriate and, if notification by the department is received by
the dealer at any time prior to delivery of the firearm to be
purchased, the dealer shall withhold delivery until the conclusion of
the waiting period described in Sections 12071 and 12072.
(5) If the department determines that the information transmitted
to it pursuant to subdivision (c) contains inaccurate or incomplete
information preventing identification of the purchaser or the pistol,
revolver, or other firearm capable of being concealed upon the
person to be purchased, or if the fee required pursuant to
subdivision (e) is not transmitted by the dealer in conjunction with
transmission of the electronic or telephonic record, the department
may notify the dealer of that fact. Upon notification by the
department, the dealer shall transmit corrections to the record of
electronic or telephonic transfer to the department, or shall
transmit any fee required pursuant to subdivision (e), or both, as
appropriate, and if notification by the department is received by the
dealer at any time prior to delivery of the firearm to be purchased,
the dealer shall withhold delivery until the conclusion of the
waiting period described in Sections 12071 and 12072.
(e) The Department of Justice may require the dealer to charge
each firearm purchaser a fee not to exceed fourteen dollars ($14),
except that the fee may be increased at a rate not to exceed any
increase in the California Consumer Price Index as compiled and
reported by the California Department of Industrial Relations. The
fee shall be no more than is necessary to fund the following:
(1) (A) The department for the cost of furnishing this
information.
(B) The department for the cost of meeting its obligations under
paragraph (2) of subdivision (b) of Section 8100 of the Welfare and
Institutions Code.
(2) Local mental health facilities for state-mandated local costs
resulting from the reporting requirements imposed by Section 8103 of
the Welfare and Institutions Code.
(3) The State Department of Mental Health for the costs resulting
from the requirements imposed by Section 8104 of the Welfare and
Institutions Code.
(4) Local mental hospitals, sanitariums, and institutions for
state-mandated local costs resulting from the reporting requirements
imposed by Section 8105 of the Welfare and Institutions Code.
(5) Local law enforcement agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(a) of Section 6385 of the Family Code.
(6) Local law enforcement agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(c) of Section 8105 of the Welfare and Institutions Code.
(7) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to subdivision (c).
(8) The Department of Food and Agriculture for the costs resulting
from the notification provisions set forth in Section 5343.5 of the
Food and Agricultural Code.
(9) The department for the costs associated with subparagraph (D)
of paragraph (2) of subdivision (f) of Section 12072.
(10) The department for the costs associated with funding
Department of Justice firearms-related regulatory and enforcement
activities related to the sale, purchase, loan, or transfer of
firearms pursuant to this chapter.
The fee established pursuant to this subdivision shall not exceed
the sum of the actual processing costs of the department, the
estimated reasonable costs of the local mental health facilities for
complying with the reporting requirements imposed by paragraph (2) of
this subdivision, the costs of the State Department of Mental Health
for complying with the requirements imposed by paragraph (3) of this
subdivision, the estimated reasonable costs of local mental
hospitals, sanitariums, and institutions for complying with the
reporting requirements imposed by paragraph (4) of this subdivision,
the estimated reasonable costs of local law enforcement agencies for
complying with the notification requirements set forth in subdivision
(a) of Section 6385 of the Family Code, the estimated reasonable
costs of local law enforcement agencies for complying with the
notification requirements set forth in subdivision (c) of Section
8105 of the Welfare and Institutions Code imposed by paragraph (6) of
this subdivision, the estimated reasonable costs of the Department
of Food and Agriculture for the costs resulting from the notification
provisions set forth in Section 5343.5 of the Food and Agricultural
Code, the estimated reasonable costs of the department for the costs
associated with subparagraph (D) of paragraph (2) of subdivision (f)
of Section 12072, and the estimated reasonable costs of department
firearms-related regulatory and enforcement activities related to the
sale, purchase, loan, or transfer of firearms pursuant to this
chapter.
(f) (1) The Department of Justice may charge a fee sufficient to
reimburse it for each of the following but not to exceed fourteen
dollars ($14), except that the fee may be increased at a rate not to
exceed any increase in the California Consumer Price Index as
compiled and reported by the California Department of Industrial
Relations:
(A) For the actual costs associated with the preparation, sale,
processing, and filing of forms or reports required or utilized
pursuant to Section 12078.
(B) For the actual processing costs associated with the submission
of a Dealers' Record of Sale to the department.
(C) For the actual costs associated with the preparation, sale,
processing, and filing of reports utilized pursuant to subdivision
(l) of Section 12078 or paragraph (18) of subdivision (b) of Section
12071, or clause (i) of subparagraph (A) of paragraph (2) of
subdivision (f) of Section 12072, or paragraph (3) of subdivision (f)
of Section 12072.
(D) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to subdivision (c).
(2) If the department charges a fee pursuant to subparagraph (B)
of paragraph (1) of this subdivision, it shall be charged in the same
amount to all categories of transaction that are within that
subparagraph.
(3) Any costs incurred by the Department of Justice to implement
this subdivision shall be reimbursed from fees collected and charged
pursuant to this subdivision. No fees shall be charged to the dealer
pursuant to subdivision (e) for implementing this subdivision.
(g) All money received by the department pursuant to this section
shall be deposited in the Dealers' Record of Sale Special Account of
the General Fund, which is hereby created, to be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred pursuant to this section, paragraph (1)
and subparagraph (D) of paragraph (2) of subdivision (f) of Section
12072, Sections 12083 and 12099, subdivision (c) of Section 12131,
Sections 12234, 12289, and 12289.5, and subdivisions (f) and (g) of
Section 12305.
(h) Where the electronic or telephonic transfer of applicant
information is used, the department shall establish a system to be
used for the submission of the fees described in subdivision (e) to
the department.
(i) (1) Only one fee shall be charged pursuant to this section for
a single transaction on the same date for the sale of any number of
firearms that are not pistols, revolvers, or other firearms capable
of being concealed upon the person or for the taking of possession of
those firearms.
(2) In a single transaction on the same date for the delivery of
any number of firearms that are pistols, revolvers, or other firearms
capable of being concealed upon the person, the department shall
charge a reduced fee pursuant to this section for the second and
subsequent firearms that are part of that transaction.
(j) Only one fee shall be charged pursuant to this section for a
single transaction on the same date for taking title or possession of
any number of firearms pursuant to paragraph (18) of subdivision (b)
of Section 12071 or subdivision (c) or (i) of Section 12078.
(k) Whenever the Department of Justice acts pursuant to this
section as it pertains to firearms other than pistols, revolvers, or
other firearms capable of being concealed upon the person, the
department's acts or omissions shall be deemed to be discretionary
within the meaning of the California Tort Claims Act pursuant to
Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code.
(l) As used in this section, the following definitions apply:
(1) "Purchaser" means the purchaser or transferee of a firearm or
a person being loaned a firearm.
(2) "Purchase" means the purchase, loan, or transfer of a firearm.

(3) "Sale" means the sale, loan, or transfer of a firearm.
(4) "Seller" means, if the transaction is being conducted pursuant
to Section 12082, the person selling, loaning, or transferring the
firearm.



12076.5. (a) The Firearms Safety and Enforcement Special Fund is
hereby established in the State Treasury and shall be administered by
the Department of Justice. Notwithstanding Section 13340 of the
Government Code, all moneys in the fund are continuously appropriated
to the Department of Justice without regard to fiscal years for the
purpose of implementing and enforcing the provisions of Article 8
(commencing with Section 12800), as added by the Statutes of 2001,
enforcing the provisions of this title, and for the establishment,
maintenance and upgrading of equipment and services necessary for
firearms dealers to comply with Section 12077.
(b) The Department of Justice may require firearms dealers to
charge each person who obtains a firearm a fee not to exceed five
dollars ($5) for each transaction. Revenues from this fee shall be
deposited in the Firearms Safety and Enforcement Special Fund.



12077. (a) The Department of Justice shall prescribe the form of
the register and the record of electronic transfer pursuant to
Section 12074.
(b) (1) For handguns, information contained in the register or
record of electronic transfer shall be the date and time of sale,
make of firearm, peace officer exemption status pursuant to
subdivision (a) of Section 12078 and the agency name, dealer waiting
period exemption pursuant to subdivision (n) of Section 12078,
dangerous weapons permitholder waiting period exemption pursuant to
subdivision (r) of Section 12078, curio and relic waiting period
exemption pursuant to subdivision (t) of Section 12078, California
Firearms Dealer number issued pursuant to Section 12071, for
transactions occurring prior to January 1, 2003, the purchaser's
basic firearms safety certificate number issued pursuant to Sections
12805 and 12809, for transactions occurring on or after January 1,
2003, the purchaser's handgun safety certificate number issued
pursuant to Article 8 (commencing with Section 12800), manufacturer's
name if stamped on the firearm, model name or number, if stamped on
the firearm, if applicable, serial number, other number (if more than
one serial number is stamped on the firearm), any identification
number or mark assigned to the firearm pursuant to Section 12092,
caliber, type of firearm, if the firearm is new or used, barrel
length, color of the firearm, full name of purchaser, purchaser's
complete date of birth, purchaser's local address, if current address
is temporary, complete permanent address of purchaser,
identification of purchaser, purchaser's place of birth (state or
country), purchaser's complete telephone number, purchaser's
occupation, purchaser's ***, purchaser's physical description, all
legal names and aliases ever used by the purchaser, yes or no answer
to questions that prohibit purchase including, but not limited to,
conviction of a felony as described in Section 12021 or an offense
described in Section 12021.1, the purchaser's status as a person
described in Section 8100 of the Welfare and Institutions Code,
whether the purchaser is a person who has been adjudicated by a court
to be a danger to others or found not guilty by reason of insanity,
whether the purchaser is a person who has been found incompetent to
stand trial or placed under conservatorship by a court pursuant to
Section 8103 of the Welfare and Institutions Code, signature of
purchaser, signature of salesperson (as a witness to the purchaser's
signature), salesperson's certificate of eligibility number if he or
she has obtained a certificate of eligibility, name and complete
address of the dealer or firm selling the firearm as shown on the
dealer's license, the establishment number, if assigned, the dealer's
complete business telephone number, any information required by
Section 12082, any information required to determine whether or not
paragraph (6) of subdivision (c) of Section 12072 applies, and a
statement of the penalties for any person signing a fictitious name
or address or for knowingly furnishing any incorrect information or
for knowingly omitting any information required to be provided for
the register.
(2) Effective January 1, 2003, the purchaser shall provide his or
her right thumbprint on the register in a manner prescribed by the
department. No exception to this requirement shall be permitted
except by regulations adopted by the department.
(3) The firearms dealer shall record on the register or record of
electronic transfer the date that the handgun is delivered.
(c) (1) For firearms other than handguns, information contained in
the register or record of electronic transfer shall be the date and
time of sale, peace officer exemption status pursuant to subdivision
(a) of Section 12078 and the agency name, auction or event waiting
period exemption pursuant to subdivision (g) of Section 12078,
California Firearms Dealer number issued pursuant to Section 12071,
dangerous weapons permitholder waiting period exemption pursuant to
subdivision (r) of Section 12078, curio and relic waiting period
exemption pursuant to paragraph (1) of subdivision (t) of Section
12078, full name of purchaser, purchaser's complete date of birth,
purchaser's local address, if current address is temporary, complete
permanent address of purchaser, identification of purchaser,
purchaser's place of birth (state or country), purchaser's complete
telephone number, purchaser's occupation, purchaser's ***, purchaser'
s physical description, all legal names and aliases ever used by the
purchaser, yes or no answer to questions that prohibit purchase,
including, but not limited to, conviction of a felony as described in
Section 12021 or an offense described in Section 12021.1, the
purchaser's status as a person described in Section 8100 of the
Welfare and Institutions Code, whether the purchaser is a person who
has been adjudicated by a court to be a danger to others or found not
guilty by reason of insanity, whether the purchaser is a person who
has been found incompetent to stand trial or placed under
conservatorship by a court pursuant to Section 8103 of the Welfare
and Institutions Code, signature of purchaser, signature of
salesperson (as a witness to the purchaser's signature), salesperson'
s certificate of eligibility number if he or she has obtained a
certificate of eligibility, name and complete address of the dealer
or firm selling the firearm as shown on the dealer's license, the
establishment number, if assigned, the dealer's complete business
telephone number, any information required by Section 12082, and a
statement of the penalties for any person signing a fictitious name
or address or for knowingly furnishing any incorrect information or
for knowingly omitting any information required to be provided for
the register.
(2) Effective January 1, 2003, the purchaser shall provide his or
her right thumbprint on the register in a manner prescribed by the
department. No exception to this requirement shall be permitted
except by regulations adopted by the department.
(3) The firearms dealer shall record on the register or record of
electronic transfer the date that the firearm is delivered.
(d) Where the register is used, the following shall apply:
(1) Dealers shall use ink to complete each document.
(2) The dealer or salesperson making a sale shall ensure that all
information is provided legibly. The dealer and salespersons shall
be informed that incomplete or illegible information will delay
sales.
(3) Each dealer shall be provided instructions regarding the
procedure for completion of the form and routing of the form.
Dealers shall comply with these instructions which shall include the
information set forth in this subdivision.
(4) One firearm transaction shall be reported on each record of
sale document. For purposes of this subdivision, a "transaction"
means a single sale, loan, or transfer of any number of firearms that
are not handguns.
(e) The dealer or salesperson making a sale shall ensure that all
required information has been obtained from the purchaser. The
dealer and all salespersons shall be informed that incomplete
information will delay sales.
(f) Effective January 1, 2003, the purchaser's name, date of
birth, and driver's license or identification number shall be
obtained electronically from the magnetic strip on the purchaser's
driver's license or identification and shall not be supplied by any
other means except as authorized by the department. This requirement
shall not apply in either of the following cases:
(1) The purchaser's identification consists of a military
identification card.
(2) Due to technical limitations, the magnetic stripe reader is
unable to obtain the required information from the purchaser's
identification. In those circumstances, the firearms dealer shall
obtain a photocopy of the identification as proof of compliance.
(3) In the event that the dealer has reported to the department
that the dealer's equipment has failed, information pursuant to this
subdivision shall be obtained by an alternative method to be
determined by the department.
(g) As used in this section, the following definitions shall
control:
(1) "Purchaser" means the purchaser or transferee of a firearm or
the person being loaned a firearm.
(2) "Purchase" means the purchase, loan, or transfer of a firearm.

(3) "Sale" means the sale, loan, or transfer of a firearm.



12077.5. (a) An individual may request that the Department of
Justice perform a firearms eligibility check for that individual.
The applicant requesting the eligibility check shall provide the
information required by subdivision (c) of Section 12077 to the
department, in an application specified by the department.
(b) The department shall charge a fee of twenty dollars ($20) for
performing the eligibility check authorized by this section, but not
to exceed the actual processing costs of the department. After the
department establishes fees sufficient to reimburse the department
for processing costs, fees charged may increase at a rate not to
exceed the legislatively approved cost-of-living adjustment for the
department's budget or as otherwise increased through the Budget Act.

(c) An applicant for the eligibility check pursuant to subdivision
(a) shall complete the application, have it notarized by any
licensed California Notary Public, and submit it by mail to the
department. Upon receipt of a notarized application and fee, the
department shall do all of the following:
(1) Examine its records, and the records it is authorized to
request from the State Department of Mental Health pursuant to
Section 8104 of the Welfare and Institutions Code, to determine if
the purchaser is a person described in Section 12021 or 12021.1 of
this code, or Section 8100 or 8103 of the Welfare and Institutions
Code.
(2) Notify the applicant by mail of its determination of whether
the applicant is a person described in Section 12021 or 12021.1 of
this code, or Section 8100 or 8103 of the Welfare and Institutions
Code. The department's notification shall state either "eligible to
possess firearms as of the date the check was completed" or
"ineligible to possess firearms as of the date the check was
completed."
(d) If the department determines that the information submitted to
it in the application contains any blank spaces, or inaccurate,
illegible, or incomplete information, preventing identification of
the applicant, or if the required fee is not submitted, the
department shall not be required to perform the firearms eligibility
check.
(e) The department shall make applications to conduct a firearms
eligibility check as described in this section available to licensed
firearms dealers and on the department's Web site.
(f) The department shall be immune from any liability arising out
of the performance of the firearms eligibility check, or any reliance
upon the firearms eligibility check.
(g) No person or agency may require or request another person to
obtain a firearms eligibility check or notification of a firearms
eligibility check pursuant to this section. A violation of this
subdivision is a misdemeanor.
(h) The department shall include on the application specified in
subdivision (a) and the notification of eligibility specified in
subdivision (c) the following statements:
"No person or agency may require or request another person to
obtain a firearms eligibility check or notification of firearms
eligibility check pursuant to Section 12077.5 of the Penal Code. A
violation of these provisions is a misdemeanor."
"If the applicant for a firearms eligibility check purchases,
transfers, or receives a firearm through a licensed dealer as
required by law, a waiting period and background check are both
required."


12078. (a) (1) The waiting periods described in Sections 12071 and
12072 shall not apply to the deliveries, transfers, or sales of
firearms made to persons properly identified as full-time paid peace
officers as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, provided that the peace officers are authorized by
their employer to carry firearms while in the performance of their
duties. Proper identification is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the purchaser or transferee as a
peace officer who is authorized to carry firearms while in the
performance of his or her duties, and authorizing the purchase or
transfer. The certification shall be delivered to the dealer at the
time of purchase or transfer and the purchaser or transferee shall
identify himself or herself as the person authorized in the
certification. The dealer shall keep the certification with the
record of sale. On the date that the delivery, sale, or transfer is
made, the dealer delivering the firearm shall transmit to the
Department of Justice an electronic or telephonic report of the
transaction as is indicated in subdivision (b) or (c) of Section
12077.
(2) Subdivision (b) of Section 12801 and the preceding provisions
of this article do not apply to deliveries, transfers, or sales of
firearms made to authorized law enforcement representatives of
cities, counties, cities and counties, or state or federal
governments for exclusive use by those governmental agencies if,
prior to the delivery, transfer, or sale of these firearms, written
authorization from the head of the agency authorizing the transaction
is presented to the person from whom the purchase, delivery, or
transfer is being made. Proper written authorization is defined as
verifiable written certification from the head of the agency by which
the purchaser or transferee is employed, identifying the employee as
an individual authorized to conduct the transaction, and authorizing
the transaction for the exclusive use of the agency by which he or
she is employed. Within 10 days of the date a handgun is acquired by
the agency, a record of the same shall be entered as an institutional
weapon into the Automated Firearms System (AFS) via the California
Law Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency. Those agencies without access to AFS
shall arrange with the sheriff of the county in which the agency is
located to input this information via this system.
(3) Subdivision (b) of Section 12801 and the preceding provisions
of this article do not apply to the loan of a firearm made by an
authorized law enforcement representative of a city, county, or city
and county, or the state or federal government to a peace officer
employed by that agency and authorized to carry a firearm for the
carrying and use of that firearm by that peace officer in the course
and scope of his or her duties.
(4) Subdivision (b) of Section 12801 and the preceding provisions
of this article do not apply to the delivery, sale, or transfer of a
firearm by a law enforcement agency to a peace officer pursuant to
Section 10334 of the Public Contract Code. Within 10 days of the date
that a handgun is sold, delivered, or transferred pursuant to
Section 10334 of the Public Contract Code to that peace officer, the
name of the officer and the make, model, serial number, and other
identifying characteristics of the firearm being sold, transferred,
or delivered shall be entered into the Automated Firearms System
(AFS) via the California Law Enforcement Telecommunications System
(CLETS) by the law enforcement or state agency that sold,
transferred, or delivered the firearm. Those agencies without access
to AFS shall arrange with the sheriff of the county in which the
agency is located to input this information via this system.
(5) Subdivision (b) of Section 12801 and the preceding provisions
of this article do not apply to the delivery, sale, or transfer of a
firearm by a law enforcement agency to a retiring peace officer who
is authorized to carry a firearm pursuant to Section 12027.1. Within
10 days of the date that a handgun is sold, delivered, or transferred
to that retiring peace officer, the name of the officer and the
make, model, serial number, and other identifying characteristics of
the firearm being sold, transferred, or delivered shall be entered
into the Automated Firearms System (AFS) via the California Law
Enforcement Telecommunications System (CLETS) by the law enforcement
or state agency that sold, transferred, or delivered the firearm.
Those agencies without access to AFS shall arrange with the sheriff
of the county in which the agency is located to input this
information via this system.
(6) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 do not apply to sales, deliveries, or transfers of
firearms to authorized representatives of cities, cities and
counties, counties, or state or federal governments for those
governmental agencies where the entity is acquiring the weapon as
part of an authorized, voluntary program where the entity is buying
or receiving weapons from private individuals. Any weapons acquired
pursuant to this paragraph shall be disposed of pursuant to the
applicable provisions of Section 12028 or 12032.
(7) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall not apply to the sale, loan, delivery, or
transfer of a firearm made by an authorized law enforcement
representative of a city, county, city and county, state, or the
federal government to any public or private nonprofit historical
society, museum, or institutional collection or the purchase or
receipt of that firearm by that public or private nonprofit
historical society, museum, or institutional collection if all of the
following conditions are met:
(A) The entity receiving the firearm is open to the public.
(B) The firearm prior to delivery is deactivated or rendered
inoperable.
(C) The firearm is not subject to Section 12028, 12028.5, 12030,
or 12032.
(D) The firearm is not prohibited by other provisions of law from
being sold, delivered, or transferred to the public at large.
(E) Prior to delivery, the entity receiving the firearm submits a
written statement to the law enforcement representative stating that
the firearm will not be restored to operating condition, and will
either remain with that entity, or if subsequently disposed of, will
be transferred in accordance with the applicable provisions of this
article and, if applicable, Section 12801.
(F) Within 10 days of the date that the firearm is sold, loaned,
delivered, or transferred to that entity, the name of the government
entity delivering the firearm, and the make, model, serial number,
and other identifying characteristics of the firearm and the name of
the person authorized by the entity to take possession of the firearm
shall be reported to the department in a manner prescribed by the
department.
(G) In the event of a change in the status of the designated
representative, the entity shall notify the department of a new
representative within 30 days.
(8) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall not apply to the sale, loan, delivery, or
transfer of a firearm made by any person other than a representative
of an authorized law enforcement agency to any public or private
nonprofit historical society, museum, or institutional collection if
all of the following conditions are met:
(A) The entity receiving the firearm is open to the public.
(B) The firearm is deactivated or rendered inoperable prior to
delivery.
(C) The firearm is not of a type prohibited from being sold,
delivered, or transferred to the public.
(D) Prior to delivery, the entity receiving the firearm submits a
written statement to the person selling, loaning, or transferring the
firearm stating that the firearm will not be restored to operating
condition, and will either remain with that entity, or if
subsequently disposed of, will be transferred in accordance with the
applicable provisions of this article and, if applicable, Section
12801.
(E) If title to a handgun is being transferred to the public or
private nonprofit historical society, museum, or institutional
collection, then the designated representative of that public or
private historical society, museum or institutional collection within
30 days of taking possession of that handgun, shall forward by
prepaid mail or deliver in person to the Department of Justice, a
single report signed by both parties to the transaction, that
includes information identifying the person representing that public
or private historical society, museum, or institutional collection,
how title was obtained and from whom, and a description of the
firearm in question, along with a copy of the written statement
referred to in subparagraph (D). The report forms that are to be
completed pursuant to this paragraph shall be provided by the
Department of Justice.
(F) In the event of a change in the status of the designated
representative, the entity shall notify the department of a new
representative within 30 days.
(b) (1) Section 12071, subdivisions (c) and (d) of Section 12072,
and subdivision (b) of Section 12801 shall not apply to deliveries,
sales, or transfers of firearms between or to importers and
manufacturers of firearms licensed to engage in that business
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
(2) Subdivision (b) of Section 12801 shall not apply to the
delivery, sale, or transfer of a handgun to a person licensed
pursuant to Section 12071, where the licensee is receiving the
handgun in the course and scope of his or her activities as a person
licensed pursuant to Section 12071.
(c) (1) Subdivision (d) of Section 12072 shall not apply to the
infrequent transfer of a firearm that is not a handgun by gift,
bequest, intestate succession, or other means by one individual to
another if both individuals are members of the same immediate family.

(2) Subdivision (d) of Section 12072 shall not apply to the
infrequent transfer of a handgun by gift, bequest, intestate
succession, or other means by one individual to another if both
individuals are members of the same immediate family and all of the
following conditions are met:
(A) The person to whom the firearm is transferred shall, within 30
days of taking possession of the firearm, forward by prepaid mail or
deliver in person to the Department of Justice, a report that
includes information concerning the individual taking possession of
the firearm, how title was obtained and from whom, and a description
of the firearm in question. The report forms that individuals
complete pursuant to this paragraph shall be provided to them by the
Department of Justice.
(B) The person taking title to the firearm shall first obtain a
handgun safety certificate.
(C) The person receiving the firearm is 18 years of age or older.

(3) As used in this subdivision, "immediate family member" means
any one of the following relationships:
(A) Parent and child.
(B) Grandparent and grandchild.
(d) (1) Subdivision (d) of Section 12072 shall not apply to the
infrequent loan of firearms between persons who are personally known
to each other for any lawful purpose, if the loan does not exceed 30
days in duration and, when the firearm is a handgun, commencing
January 1, 2003, the individual being loaned the handgun has a valid
handgun safety certificate.
(2) Subdivision (d) of Section 12072, and subdivision (b) of
Section 12801 shall not apply to the loan of a firearm where all of
the following conditions exist:
(A) The person loaning the firearm is at all times within the
presence of the person being loaned the firearm.
(B) The loan is for a lawful purpose.
(C) The loan does not exceed three days in duration.
(D) The individual receiving the firearm is not prohibited from
owning or possessing a firearm pursuant to Section 12021 or 12021.1
of this code, or by Section 8100 or 8103 of the Welfare and
Institutions Code.
(E) The person loaning the firearm is 18 years of age or older.
(F) The person being loaned the firearm is 18 years of age or
older.
(e) Section 12071, subdivisions (c) and (d) of Section 12072, and
subdivision (b) of Section 12801 shall not apply to the delivery of
a firearm to a gunsmith for service or repair, or to the return of
the firearm to its owner by the gunsmith.
(f) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall not apply to the sale, delivery, or transfer of
firearms by persons who reside in this state to persons who reside
outside this state who are licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto, if the sale, delivery,
or transfer is in accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto.
(g) (1) Subdivision (d) of Section 12072 shall not apply to the
infrequent sale or transfer of a firearm, other than a handgun, at
auctions or similar events conducted by nonprofit mutual or public
benefit corporations organized pursuant to the Corporations Code.
As used in this paragraph, the term "infrequent" shall not be
construed to prohibit different local chapters of the same nonprofit
corporation from conducting auctions or similar events, provided the
individual local chapter conducts the auctions or similar events
infrequently. It is the intent of the Legislature that different
local chapters, representing different localities, be entitled to
invoke the exemption created by this paragraph, notwithstanding the
frequency with which other chapters of the same nonprofit corporation
may conduct auctions or similar events.
(2) Subdivision (d) of Section 12072 shall not apply to the
transfer of a firearm other than a handgun, if the firearm is donated
for an auction or similar event described in paragraph (1) and the
firearm is delivered to the nonprofit corporation immediately
preceding, or contemporaneous with, the auction or similar event.
(3) The waiting period described in Sections 12071 and 12072 shall
not apply to a dealer who delivers a firearm other than a handgun at
an auction or similar event described in paragraph (1), as
authorized by subparagraph (C) of paragraph (1) of subdivision (b) of
Section 12071. Within two business days of completion of the
application to purchase, the dealer shall forward by prepaid mail to
the Department of Justice a report of the same as is indicated in
subdivision (c) of Section 12077. If the electronic or telephonic
transfer of applicant information is used, within two business days
of completion of the application to purchase, the dealer delivering
the firearm shall transmit to the Department of Justice an electronic
or telephonic report of the same as is indicated in subdivision (c)
of Section 12077.
(h) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall not apply to the loan of a firearm to a person 18
years of age or older for the purposes of shooting at targets if the
loan occurs on the premises of a target facility that holds a
business or regulatory license or on the premises of any club or
organization organized for the purposes of practicing shooting at
targets upon established ranges, whether public or private, if the
firearm is at all times kept within the premises of the target range
or on the premises of the club or organization.
(i) (1) Subdivision (d) of Section 12072 shall not apply to a
person who takes title or possession of a firearm that is not a
handgun by operation of law if the person is not prohibited by
Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code from possessing firearms.
(2) Subdivision (d) of Section 12072 shall not apply to a person
who takes title or possession of a handgun by operation of law if the
person is not prohibited by Section 12021 or 12021.1 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code from
possessing firearms and all of the following conditions are met:
(A) If the person taking title or possession is neither a levying
officer as defined in Section 481.140, 511.060, or 680.210 of the
Code of Civil Procedure, nor a person who is receiving that firearm
pursuant to subparagraph (G), (I), or (J) of paragraph (2) of
subdivision (u), the person shall, within 30 days of taking
possession, forward by prepaid mail or deliver in person to the
Department of Justice, a report of information concerning the
individual taking possession of the firearm, how title or possession
was obtained and from whom, and a description of the firearm in
question. The reports that individuals complete pursuant to this
paragraph shall be provided to them by the department.
(B) If the person taking title or possession is receiving the
firearm pursuant to subparagraph (G) of paragraph (2) of subdivision
(u), the person shall do both of the following:
(i) Within 30 days of taking possession, forward by prepaid mail
or deliver in person to the department, a report of information
concerning the individual taking possession of the firearm, how title
or possession was obtained and from whom, and a description of the
firearm in question. The reports that individuals complete pursuant
to this paragraph shall be provided to them by the department.
(ii) Prior to taking title or possession of the firearm, the
person shall obtain a handgun safety certificate.
(C) Where the person receiving title or possession of the handgun
is a person described in subparagraph (I) of paragraph (2) of
subdivision (u), on the date that the person is delivered the
firearm, the name and other information concerning the person taking
possession of the firearm, how title or possession of the firearm was
obtained and from whom, and a description of the firearm by make,
model, serial number, and other identifying characteristics, shall be
entered into the Automated Firearms System (AFS) via the California
Law Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency that transferred or delivered the
firearm. Those agencies without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
(D) Where the person receiving title or possession of the handgun
is a person described in subparagraph (J) of paragraph (2) of
subdivision (u), on the date that the person is delivered the
firearm, the name and other information concerning the person taking
possession of the firearm, how title or possession of the firearm was
obtained and from whom, and a description of the firearm by make,
model, serial number, and other identifying characteristics, shall be
entered into the AFS via the CLETS by the law enforcement or state
agency that transferred or delivered the firearm. Those agencies
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system. In addition, that law enforcement agency shall not deliver
that handgun to the person referred to in this subparagraph unless,
prior to the delivery of the same, the person presents proof to the
agency that he or she is the holder of a handgun safety certificate.

(3) Subdivision (d) of Section 12072 shall not apply to a person
who takes possession of a firearm by operation of law in a
representative capacity who subsequently transfers ownership of the
firearm to himself or herself in his or her individual capacity. In
the case of a handgun, the individual shall obtain a handgun safety
certificate prior to transferring ownership to himself or herself, or
taking possession of a handgun in an individual capacity.
(j) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall not apply to deliveries, transfers, or returns of
firearms made pursuant to Section 12021.3, 12028, 12028.5, or 12030.

(k) Section 12071, subdivision (c) of Section 12072, and
subdivision (b) of Section 12801 shall not apply to any of the
following:
(1) The delivery, sale, or transfer of unloaded firearms that are
not handguns by a dealer to another dealer upon proof of compliance
with the requirements of paragraph (1) of subdivision (f) of Section
12072.
(2) The delivery, sale, or transfer of unloaded firearms by
dealers to persons who reside outside this state who are licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
(3) The delivery, sale, or transfer of unloaded firearms to a
wholesaler if the firearms are being returned to the wholesaler and
are intended as merchandise in the wholesaler's business.
(4) The delivery, sale, or transfer of unloaded firearms by one
dealer to another dealer if the firearms are intended as merchandise
in the receiving dealer's business upon proof of compliance with the
requirements of paragraph (1) of subdivision (f) of Section 12072.
(5) The delivery, sale, or transfer of an unloaded firearm that is
not a handgun by a dealer to himself or herself.
(6) The loan of an unloaded firearm by a dealer who also operates
a target facility that holds a business or regulatory license on the
premises of the building designated in the license or whose building
designated in the license is on the premises of any club or
organization organized for the purposes of practicing shooting at
targets upon established ranges, whether public or private, to a
person at that target facility or that club or organization, if the
firearm is at all times kept within the premises of the target range
or on the premises of the club or organization.
(l) A person who is exempt from subdivision (d) of Section 12072
or is otherwise not required by law to report his or her acquisition,
ownership, or disposal of a handgun or who moves out of this state
with his or her handgun may submit a report of the same to the
Department of Justice in a format prescribed by the department.
(m) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall not apply to the delivery, sale, or transfer of
unloaded firearms to a wholesaler as merchandise in the wholesaler's
business by manufacturers or importers licensed to engage in that
business pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued
pursuant thereto, or by another wholesaler, if the delivery, sale, or
transfer is made in accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code.
(n) (1) The waiting period described in Section 12071 or 12072
shall not apply to the delivery, sale, or transfer of a handgun by a
dealer in either of the following situations:
(A) The dealer is delivering the firearm to another dealer and it
is not intended as merchandise in the receiving dealer's business.
(B) The dealer is delivering the firearm to himself or herself and
it is not intended as merchandise in his or her business.
(2) In order for this subdivision to apply, both of the following
shall occur:
(A) If the dealer is receiving the firearm from another dealer,
the dealer receiving the firearm shall present proof to the dealer
delivering the firearm that he or she is licensed pursuant to Section
12071 by complying with paragraph (1) of subdivision (f) of Section
12072.
(B) Whether the dealer is delivering, selling, or transferring the
firearm to himself or herself or to another dealer, on the date that
the application to purchase is completed, the dealer delivering the
firearm shall forward by prepaid mail to the Department of Justice a
report of the same and the type of information concerning the
purchaser or transferee as is indicated in subdivision (b) of Section
12077. Where the electronic or telephonic transfer of applicant
information is used, on the date that the application to purchase is
completed, the dealer delivering the firearm shall transmit an
electronic or telephonic report of the same and the type of
information concerning the purchaser or transferee as is indicated in
subdivision (b) of Section 12077.
(o) Section 12071 and subdivisions (c), (d), and paragraph (1) of
subdivision (f) of Section 12072 shall not apply to the delivery,
sale, or transfer of firearms regulated pursuant to Section 12020,
Chapter 2 (commencing with Section 12200), or Chapter 2.3 (commencing
with Section 12275), if the delivery, sale, or transfer is conducted
in accordance with the applicable provisions of Section 12020,
Chapter 2 (commencing with Section 12200), or Chapter 2.3 (commencing
with Section 12275).
(p) (1) Paragraph (3) of subdivision (a) and subdivision (d) of
Section 12072 shall not apply to the loan of a firearm that is not a
handgun to a minor, with the express permission of the parent or
legal guardian of the minor, if the loan does not exceed 30 days in
duration and is for a lawful purpose.
(2) Paragraph (3) of subdivision (a) of Section 12072, subdivision
(d) of Section 12072, and subdivision (b) of Section 12801 shall not
apply to the loan of a handgun to a minor by a person who is not the
parent or legal guardian of the minor if all of the following
circumstances exist:
(A) The minor has the written consent of his or her parent or
legal guardian that is presented at the time of, or prior to the time
of, the loan, or is accompanied by his or her parent or legal
guardian at the time the loan is made.
(B) The minor is being loaned the firearm for the purpose of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
(C) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
(D) The duration of the loan does not, in any event, exceed 10
days.

(3) Paragraph (3) of subdivision
(a), and subdivision (d), of Section 12072, and subdivision (b) of
Section 12801 shall not apply to the loan of a handgun to a minor by
his or her parent or legal guardian if both of the following
circumstances exist:
(A) The minor is being loaned the firearm for the purposes of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
(B) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
(4) Paragraph (3) of subdivision (a), and subdivision (d), of
Section 12072 shall not apply to the transfer or loan of a firearm
that is not a handgun to a minor by his or her parent or legal
guardian.
(5) Paragraph (3) of subdivision (a), and subdivision (d), of
Section 12072 shall not apply to the transfer or loan of a firearm
that is not a handgun to a minor by his or her grandparent who is not
the legal guardian of the minor if the transfer is done with the
express permission of the parent or legal guardian of the minor.
(6) Subparagraph (A) of paragraph (3) of subdivision (a) of
Section 12072 shall not apply to the sale of a handgun if both of the
following requirements are satisfied:
(A) The sale is to a person who is at least 18 years of age.
(B) The firearm is an antique firearm as defined in paragraph (16)
of subsection (a) of Section 921 of Title 18 of the United States
Code.
(q) Subdivision (d) of Section 12072 shall not apply to the loan
of a firearm that is not a handgun to a licensed hunter for use by
that licensed hunter for a period of time not to exceed the duration
of the hunting season for which that firearm is to be used.
(r) The waiting period described in Section 12071 or 12072 shall
not apply to the delivery, sale, or transfer of a firearm to the
holder of a special weapons permit issued by the Department of
Justice issued pursuant to Section 12095, 12230, 12250, or 12305. On
the date that the application to purchase is completed, the dealer
delivering the firearm shall transmit to the Department of Justice an
electronic or telephonic report of the same as is indicated in
subdivision (b) or (c) of Section 12077.
(s) (1) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall not apply to the infrequent loan of an unloaded
firearm by a person who is neither a dealer as defined in Section
12071 nor a federal firearms licensee pursuant to Chapter 44 of Title
18 of the United States Code, to a person 18 years of age or older
for use solely as a prop in a motion picture, television, video,
theatrical, or other entertainment production or event.
(2) Subdivision (d), and paragraph (1) of subdivision (f), of
Section 12072, and subdivision (b) of Section 12801 shall not apply
to the loan of an unloaded firearm by a person who is not a dealer as
defined in Section 12071 but who is a federal firearms licensee
pursuant to Chapter 44 of Title 18 of the United States Code, to a
person who possesses a valid entertainment firearms permit issued
pursuant to Section 12081, for use solely as a prop in a motion
picture, television, video, theatrical, or other entertainment
production or event. The person loaning the firearm pursuant to this
paragraph shall retain a photocopy of the entertainment firearms
permit as proof of compliance with this requirement.
(3) Subdivision (b) of Section 12071, subdivision (c) of, and
paragraph (1) of subdivision (f) of, Section 12072, and subdivision
(b) of Section 12801 shall not apply to the loan of an unloaded
firearm by a dealer as defined in Section 12071, to a person who
possesses a valid entertainment firearms permit issued pursuant to
Section 12081, for use solely as a prop in a motion picture,
television, video, theatrical, or other entertainment production or
event. The dealer shall retain a photocopy of the entertainment
firearms permit as proof of compliance with this requirement.
(4) Subdivision (b) of Section 12071, subdivision (c) and
paragraph (1) of subdivision (f) of Section 12072, and subdivision
(b) of Section 12801 shall not apply to the loan of an unloaded
firearm to a consultant-evaluator by a person licensed pursuant to
Section 12071 if the loan does not exceed 45 days from the date of
delivery. At the time of the loan, the consultant-evaluator shall
provide the following information, which the dealer shall retain for
two years:
(A) A photocopy of a valid, current, government-issued
identification to determine the consultant-evaluator's identity,
including, but not limited to, a California driver's license,
identification card, or passport.
(B) A photocopy of the consultant-evaluator's valid, current
certificate of eligibility.
(C) A letter from the person licensed as an importer,
manufacturer, or dealer pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code, with whom the
consultant-evaluator has a bona fide business relationship. The
letter shall detail the bona fide business purposes for which the
firearm is being loaned and confirm that the consultant-evaluator is
being loaned the firearm as part of a bona fide business
relationship.
(D) The signature of the consultant-evaluator on a form indicating
the date the firearm is loaned and the last day the firearm may be
returned.
(t) (1) The waiting period described in Section 12071 or 12072
shall not apply to the sale, delivery, loan, or transfer of a firearm
that is a curio or relic, as defined in Section 478.11 of Title 27
of the Code of Federal Regulations, or its successor, by a dealer to
a person who is licensed as a collector pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto who has a current
certificate of eligibility issued to him or her by the Department of
Justice pursuant to Section 12071. On the date that the delivery,
sale, or transfer is made, the dealer delivering the firearm shall
transmit to the Department of Justice an electronic or telephonic
report of the transaction as is indicated in subdivision (b) or (c)
of Section 12077.
(2) Subdivision (d) and paragraph (1) of subdivision (f) of
Section 12072 shall not apply to the infrequent sale, loan, or
transfer of a firearm that is not a handgun, which is a curio or
relic manufactured at least 50 years prior to the current date, but
not including replicas thereof, as defined in Section 478.11 of Title
27 of the Code of Federal Regulations, or its successor.
(u) As used in this section:
(1) "Infrequent" has the same meaning as in paragraph (1) of
subdivision (c) of Section 12070.
(2) "A person taking title or possession of firearms by operation
of law" includes, but is not limited to, any of the following
instances wherein an individual receives title to, or possession of,
firearms:
(A) The executor or administrator of an estate if the estate
includes firearms.
(B) A secured creditor or an agent or employee thereof when the
firearms are possessed as collateral for, or as a result of, a
default under a security agreement under the Commercial Code.
(C) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(D) A receiver performing his or her functions as a receiver if
the receivership estate includes firearms.
(E) A trustee in bankruptcy performing his or her duties if the
bankruptcy estate includes firearms.
(F) An assignee for the benefit of creditors performing his or her
functions as an assignee, if the assignment includes firearms.
(G) A transmutation of property consisting of firearms pursuant to
Section 850 of the Family Code.
(H) Firearms passing to a surviving spouse pursuant to Chapter 1
(commencing with Section 13500) of Part 2 of Division 8 of the
Probate Code.
(I) Firearms received by the family of a police officer or deputy
sheriff from a local agency pursuant to Section 50081 of the
Government Code.
(J) The transfer of a firearm by a law enforcement agency to the
person who found the firearm where the delivery is to the person as
the finder of the firearm pursuant to Article 1 (commencing with
Section 2080) of Chapter 4 of Division 3 of the Civil Code.




12079. (a) Upon a showing that good cause exists, the Department of
Justice may issue permits for the possession, transportation, or
sale between a person licensed pursuant to Section 12071 and an
out-of-state client, of large capacity magazines.
(b) For purposes of this section, "large capacity magazine" shall
have the same meaning as that set forth in paragraph (25) of
subdivision (c) of Section 12020.



12080. (a) The Department of Justice shall prepare a pamphlet which
summarizes California firearms laws as they pertain to persons other
than law enforcement officers or members of the armed services.
(b) The pamphlet shall include the following matters:
(1) Lawful possession.
(2) Licensing procedures.
(3) Transportation and use of firearms.
(4) Acquisition of hunting licenses.
(5) The safe handling and use of firearms.
(6) Various methods of safe storage and child proofing of
firearms.
(7) The availability of firearms safety programs and devices.
(8) The responsibilities of firearms ownership.
(9) The operation of various types of firearms.
(10) The lawful use of deadly force.
(c) The department shall offer copies of the pamphlet at actual
cost to firearms dealers licensed pursuant to Section 12071 who shall
have copies of the most current version available for sale to retail
purchasers or transferees of firearms. The cost of the pamphlet, if
any, may be added to the sale price of the firearm. Other
interested parties may purchase copies directly from the Department
of General Services. The pamphlet shall declare that it is merely
intended to provide a general summary of laws applicable to firearms
and is not designed to provide individual guidance for specific
areas. Individuals having specific questions shall be directed to
contact their local law enforcement agency or private counsel.
(d) The Department of Justice or any other public entity shall be
immune from any liability arising from the drafting, publication, or
dissemination of the pamphlet or any reliance upon it. All receipts
from the sale of these pamphlets shall be deposited as reimbursements
to the support appropriation for the Department of Justice.



12081. (a) Any person who is at least 21 years of age may apply for
an entertainment firearms permit from the Department of Justice that
authorizes the permitholder to possess firearms loaned to him or her
for use solely as a prop in a motion picture, television, video,
theatrical, or other entertainment production or event. Upon receipt
of an initial or renewal application submitted as specified in
subdivision (b), the department shall examine its records, records
the department is authorized to request from the State Department of
Mental Health pursuant to Section 8104 of the Welfare and
Institutions Code, and records of the National Instant Criminal
Background Check System as described in subsection (t) of Section 922
of Title 18 of the United States Code, in order to determine if the
applicant is prohibited from possessing or receiving firearms. The
department shall issue an entertainment firearms permit only if the
records indicate that the applicant is not prohibited from possessing
or receiving firearms pursuant to any federal, state, or local law.

(b) (1) Requests for entertainment firearms permits shall be made
on application forms prescribed by the Department of Justice that
require applicant information, including, but not limited to, the
following:
(A) Complete name.
(B) Residential and mailing address.
(C) Telephone number.
(D) Date of birth.
(E) Place of birth.
(F) Country of citizenship and, if other than United States, alien
number or admission number.
(G) Valid driver's license number or valid identification card
number issued by the California Department of Motor Vehicles.
(H) Social security number.
(I) Signature.
(2) All applications must be submitted with the appropriate fee as
specified in subdivision (c).
(3) An initial application for an entertainment firearms permit
shall require the submission of fingerprint images and related
information in a manner prescribed by the department, for the purpose
of obtaining information as to the existence and nature of a record
of state or federal level convictions and state or federal level
arrests for which the department establishes that the individual was
released on bail or on his or her own recognizance pending trial as
needed to determine whether the applicant may be issued the permit.
Requests for federal level criminal offender record information
received by the Department of Justice pursuant to this section shall
be forwarded by the department to the Federal Bureau of
Investigation.
(4) The Department of Justice shall review the criminal offender
record information specified in subdivision ( l) of Section 11105 for
entertainment firearms permit applicants.
(5) The Department of Justice shall review subsequent arrests,
pursuant to Section 11105.2, to determine the continuing validity of
the permit as specified in subdivision (d) for all entertainment
firearms permitholders.
(6) Any person who furnishes a fictitious name or address or
knowingly furnishes any incorrect information or knowingly omits any
information required to be provided on this application is guilty of
a misdemeanor.
(c) The Department of Justice shall recover the full costs of
administering the program by assessing the following application
fees:
(1) For the initial application: one hundred four dollars ($104).
Of this sum, fifty-six dollars ($56) shall be deposited into the
Fingerprint Fee Account, and forty-eight dollars ($48) shall be
deposited into the Dealer Record of Sale Account.
(2) For each annual renewal application: twenty-nine dollars
($29), which shall be deposited into the Dealer Record of Sale
Account.
(d) The implementation of subdivisions (a), (b), and (c) by the
department is exempt from the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).
(e) The department shall annually review and shall adjust the fees
specified in subdivision (c), if necessary, to fully fund, but not
to exceed the actual costs of, the permit program provided for by
this section, including enforcement of the program.
(f) An entertainment firearms permit issued by the Department of
Justice shall be valid for one year from the date of issuance. If at
any time during that year the permitholder becomes prohibited from
possessing or receiving firearms pursuant to any federal, state, or
local law, his or her entertainment firearms permit shall be no
longer valid.


12082. (a) A person shall complete any sale, loan, or transfer of a
firearm through a person licensed pursuant to Section 12071 in
accordance with this section in order to comply with subdivision (d)
of Section 12072. The seller or transferor or the person loaning the
firearm shall deliver the firearm to the dealer who shall retain
possession of that firearm. The dealer shall then deliver the firearm
to the purchaser or transferee or the person being loaned the
firearm, if it is not prohibited, in accordance with subdivision (c)
of Section 12072. If the dealer cannot legally deliver the firearm to
the purchaser or transferee or the person being loaned the firearm,
the dealer shall forthwith, without waiting for the conclusion of the
waiting period described in Sections 12071 and 12072, return the
firearm to the transferor or seller or the person loaning the
firearm. The dealer shall not return the firearm to the seller or
transferor or the person loaning the firearm when to do so would
constitute a violation of subdivision (a) of Section 12072. If the
dealer cannot legally return the firearm to the transferor or seller
or the person loaning the firearm, then the dealer shall forthwith
deliver the firearm to the sheriff of the county or the chief of
police or other head of a municipal police department of any city or
city and county who shall then dispose of the firearm in the manner
provided by Sections 12028 and 12032. The purchaser or transferee or
person being loaned the firearm may be required by the dealer to pay
a fee not to exceed ten dollars ($10) per firearm, and no other fee
may be charged by the dealer for a sale, loan, or transfer of a
firearm conducted pursuant to this section, except for the applicable
fee that the Department of Justice may charge pursuant to Section
12076. Nothing in these provisions shall prevent a dealer from
charging a smaller fee. The fee that the department may charge is the
fee that would be applicable pursuant to Section 12076, if the
dealer was selling, transferring, or delivering a firearm to a
purchaser or transferee or a person being loaned a firearm, without
any other parties being involved in the transaction.
(b) The Attorney General shall adopt regulations under this
section to do all of the following:
(1) Allow the seller or transferor or the person loaning the
firearm, and the purchaser or transferee or the person being loaned
the firearm, to complete a sale, loan, or transfer through a dealer,
and to allow those persons and the dealer to comply with the
requirements of this section and Sections 12071, 12072, 12076, and
12077 and to preserve the confidentiality of those records.
(2) Where a personal handgun importer is selling or transferring a
pistol, revolver, or other firearm capable of being concealed upon
the person to comply with clause (ii) of subparagraph (A) of
paragraph (2) of subdivision (f) of Section 12072, to allow a
personal handgun importer's ownership of the pistol, revolver, or
other firearm capable of being concealed upon the person being sold
or transferred to be recorded in a manner that if the firearm is
returned to that personal handgun importer because the sale or
transfer cannot be completed, the Department of Justice will have
sufficient information about that personal handgun importer so that a
record of his or her ownership can be maintained in the registry
provided by subdivision (c) of Section 11106.
(3) Ensure that the register or record of electronic transfer
shall state the name and address of the seller or transferor of the
firearm or the person loaning the firearm and whether or not the
person is a personal handgun importer in addition to any other
information required by Section 12077.
(c) Notwithstanding any other provision of law, a dealer who does
not sell, transfer, or keep an inventory of handguns is not required
to process private party transfers of handguns.
(d) A violation of this section by a dealer is a misdemeanor.




12083. (a) Commencing January 1, 2008, the Department of Justice
shall keep a centralized list of persons who identify themselves as
being licensed pursuant to Chapter 44 (commencing with Section 921)
of Title 18 of the United States Code as a dealer, pawnbroker,
importer or manufacturer of firearms whose licensed premises are
within this state and who declare to the department an exemption from
the firearms dealer licensing requirements of Section 12070. The
list shall be known as the centralized list of exempted federal
firearms licensees. To qualify for placement on the centralized list,
an applicant shall do all of the following:
(1) Possess a valid federal firearms license pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code as a dealer, pawnbroker, importer, or manufacturer of firearms.

(2) Maintain eligibility under California law to possess firearms
by possessing a current, valid certificate of eligibility pursuant to
Section 12071.
(3) Maintain with the department a signed declaration enumerating
the applicant's statutory exemptions from licensing requirements of
Section 12070. Any person furnishing a fictitious name, knowingly
furnishing any incorrect information, or knowingly omitting any
information for the declaration shall be guilty of a misdemeanor.
(b) Commencing January 1, 2008, the department shall assess an
annual fee of one hundred fifteen dollars ($115) to cover its costs
of maintaining the centralized list of exempted federal firearms
licensees prescribed by subdivision (a), conducting inspections in
accordance with this section, and for the cost of maintaining the
firearm shipment verification number system described in subdivision
(f) of Section 12072. The department may increase the fee at a rate
not to exceed the increase in the California Consumer Price Index as
compiled and reported by the Department of Industrial Relations. The
fees collected shall be deposited in the Dealers' Record of Sale
Special Account.
(c) (1) Any person licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code as a dealer,
pawnbroker, importer, or manufacturer of firearms whose licensed
premises are within this state shall not import or receive firearms
from any source unless listed on the centralized list of firearms
dealers pursuant to Section 12071, or the centralized list of
exempted federal firearms licensees pursuant to subdivision (a), or
the centralized list of firearms manufacturers pursuant to
subdivision (f) of Section 12086.
(2) A violation of this subdivision is a misdemeanor.
(d) (1) All persons on the centralized list of exempted federal
firearms licensees prescribed by subdivision (a) shall record and
keep on file for three years, the verification number that shall
accompany firearms received from other federal firearms licensees
pursuant to subdivision (f) of Section 12072.
(2) A violation of this subdivision is cause for immediate removal
from the centralized list.
(e) Information compiled from the list described in subdivision
(a) shall be made available for the following purposes:
(1) Requests from local, state, and federal law enforcing agencies
and the duly constituted city, county, and city and county licensing
authorities.
(2) When the information is requested by a person licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code for determining the validity of the license
for firearm shipments.
(f) The department may conduct onsite inspections at the business
premises of a person on the centralized list described in subdivision
(a) to determine compliance with firearms laws pursuant to Article 4
(commencing with Section 12070) of Chapter 1 of Title 2 of Part 4 of
the Penal Code. The department shall work in consultation with the
Bureau of Alcohol, Tobacco, Firearms, and Explosives to ensure that
licensees are not subject to duplicative inspections. During the
inspection the following firearm records shall be made available for
review:
(1) Federal records referred to in subdivision (a) of Section
478.125 of Title 27 of the Code of Federal Regulations and the bound
book containing the same information referred to in Section 478.124a
and subdivision (e) of Section 478.125 of Title 27 of the Code of
Federal Regulations.
(2) Verification numbers issued pursuant to subdivision (f) of
Section 12072.
(3) Any other records requested by the department to determine
compliance with this article.
(g) The department may remove from the centralized list described
in subdivision (a), any person who violates this article.
(h) The department may adopt regulations as necessary to carry out
the provisions of this section, subdivision (f) of Section 12072,
and Section 12071. The department shall work in consultation with the
Bureau of Alcohol, Tobacco, Firearms, and Explosives to ensure that
state regulations are not duplicative of federal regulations.




12085. (a) Commencing July 1, 1999, no person, firm, or corporation
licensed to manufacture firearms pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code may
manufacture firearms within this state unless licensed pursuant to
Section 12086.
(b) Subdivision (a) does not apply to a person licensed to
manufacture firearms pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code who manufactures fewer
than 100 firearms in a calendar year within this state.
(c) If a person, firm, or corporation required to be licensed
pursuant to Section 12086 ceases operations, then the records
required pursuant to paragraphs (6) and (10) of subdivision (c) of
Section 12086 shall be forwarded to the federal Bureau of Alcohol,
Tobacco, and Firearms within three days of the closure of business.
(d) A violation of this section is a misdemeanor.
(e) (1) As used in this section and Section 12086, the term
"firearm" includes the frame or receiver of the weapon.
(2) As used in this section and Section 12086, the term "firearm"
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame or
receiver.
(3) For purposes of this section and Section 12086, the term
"firearm" does not include an unloaded firearm that is defined as an
"antique firearm" in paragraph (16) of subsection (a) of Section 921
of Title 18 of the United States Code.



12086. (a) (1) As used in this section, "licensee" means a person,
firm, or corporation that satisfies both of the following:
(A) Has a license issued pursuant to paragraph (2) of subdivision
(b).
(B) Is among those recorded in the centralized list specified in
subdivision (f).
(2) As used in this section, "department" means the Department of
Justice.
(b) (1) The Department of Justice shall accept applications for,
and shall grant licenses permitting, the manufacture of firearms
within this state. The department shall inform applicants who are
denied licenses of the reasons for the denial in writing.
(2) No license shall be granted by the department unless and until
the applicant presents proof that he or she has all of the
following:
(A) A valid license to manufacture firearms issued pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code.
(B) Any regulatory or business license, or licenses, required by
local government.
(C) A valid seller's permit or resale certificate issued by the
State Board of Equalization, if applicable.
(D) A certificate of eligibility issued by the Department of
Justice pursuant to paragraph (4) of subdivision (a) of Section
12071.
(3) The department shall adopt regulations to administer this
section and Section 12085 and shall recover the full costs of
administering the program by collecting fees from license applicants.
Recoverable costs shall include, but not be limited to, the costs
of inspections and maintaining a centralized list of licensed firearm
manufacturers. The fee for licensed manufacturers who produce fewer
than 500 firearms in a calendar year within this state shall not
exceed two hundred fifty dollars ($250) per year or the actual costs
of inspections and maintaining a centralized list of firearm
manufacturers and any other duties of the department required
pursuant to this section and Section 12085, whichever is less.
(4) A license granted by the department shall be valid for no more
than one year from the date of issuance and shall be in the form
prescribed by the Attorney General.
(c) A licensee shall comply with the following prohibitions and
requirements:
(1) The business shall be conducted only in the buildings
designated in the license.
(2) The license or a copy thereof, certified by the department,
shall be displayed on the premises where it can easily be seen.
(3) Whenever a licensee discovers that a firearm has been stolen
or is missing from the licensee's premises, the licensee shall report
the loss or theft within 48 hours of the discovery to all of the
following:
(A) The Department of Justice, in a manner prescribed by the
department.
(B) The federal Bureau of Alcohol, Tobacco, and Firearms.
(C) The police department in the city or city and county where the
building designated in the license is located.
(D) If there is no police department in the city or city and
county where the building designated in the license is located, the
sheriff of the county where the building designated in the license is
located.
(4) (A) The licensee shall require that each employee obtain a
certificate of eligibility pursuant to paragraph (4) of subdivision
(a) of Section 12071, which shall be renewed annually, prior to being
allowed to come into contact with any firearm.
(B) The licensee shall prohibit any employee who the licensee
knows or reasonably should know is within a class of persons
prohibited from possessing firearms pursuant to Section 12021 or
12021.1 of this code, or Section 8100 or 8103 of the Welfare and
Institutions Code, from coming into contact with any firearm.
(5) (A) Each firearm the licensee manufactures in this state shall
be identified with a unique serial number stamped onto the firearm
utilizing the method of compression stamping.
(B) Licensed manufacturers who produce fewer than 500 firearms in
a calendar year within this state may serialize long guns only by
utilizing a method of compression stamping or by engraving the serial
number onto the firearm.
(C) The licensee shall stamp the serial number onto the firearm
within one business day of the time the receiver or frame is
manufactured.
(D) The licensee shall not use the same serial number for more
than one firearm.
(6) (A) The licensee shall record the type, model, caliber, or
gauge, and serial number of each firearm manufactured or acquired,
and the date of the manufacture or acquisition, within one business
day of the manufacture or acquisition.
(B) The licensee shall maintain permanently within the building
designated in the license the records required pursuant to
subparagraph (A).
(C) Backup copies of the records described in subparagraph (A),
whether electronic or hard copy, shall be made at least once a month.
These backup records shall be maintained in a facility separate
from the one in which the primary records are stored.
(7) (A) The licensee shall allow the department to inspect the
building designated in the license to ensure compliance with the
requirements of this section.
(B) The licensee shall allow any peace officer, authorized law
enforcement employee, or Department of Justice employee designated by
the Attorney General, upon the presentation of proper
identification, to inspect facilities and records during business
hours to ensure compliance with the requirements of this section.
(8) The licensee shall store in a secure facility all firearms
manufactured and all barrels for firearms manufactured.
(9) (A) The licensee shall notify the chief of police or other
head of the municipal police department in the city or city and
county where the building designated in the license is located that
the licensee is manufacturing firearms within that city or city and
county and the location of the licensed premises.
(B) If there is no police department in the city or city and
county where the building designated in the license is located, the
licensee shall notify the sheriff of the county where the building
designated in the license is located that the licensee is
manufacturing firearms within that county and the location of the
licensed premises.
(10) For at least 10 years, the licensee shall maintain records of
all firearms that are lost or stolen, as prescribed by the
department.
(d) Except as otherwise provided in subdivision (e), as used in
this section, a "secure facility" means that the facility satisfies
all of the following:
(1) The facility is equipped with a burglar alarm with central
monitoring.
(2) All perimeter entries to areas in which firearms are stored
other than doors, including windows and skylights, are secured with
steel window guards or an audible, silent, or sonic alarm to detect
entry.
(3) All perimeter doorways are designed in one of the following
ways:
(A) A windowless steel security door equipped with both a deadbolt
and a doorknob lock.
(B) A windowed metal door equipped with both a deadbolt and a
doorknob lock. If the window has an opening of five inches or more
measured in any direction, the window is covered with steel bars of
at least one-half inch diameter or metal grating of at least nine
gauge affixed to the exterior or interior of the door.
(C) A metal grate that is padlocked and affixed to the licensee's
premises independent of the door and doorframe.
(D) Hinges and hasps attached to doors by welding, riveting, or
bolting with nuts on the inside of the door.
(E) Hinges and hasps installed so that they cannot be removed when
the doors are closed and locked.
(4) Heating, ventilating, air-conditioning, and service openings
are secured with steel bars, metal grating, or an alarm system.
(5) No perimeter metal grates are capable of being entered by any
person.
(6) Steel bars used to satisfy the requirements of this
subdivision are not capable of being entered by any person.
(7) Perimeter walls of rooms in which firearms are stored are
constructed of concrete or at least 10-gauge expanded steel wire mesh
utilized along with typical wood frame and drywall construction. If
firearms are not stored in a vault, the facility shall use an
exterior security-type door along with a high security, single-key
deadbolt, or other door that is more secure. All firearms shall be
stored in a separate room away from any general living area or work
area. Any door to the storage facility shall be locked while
unattended.
(8) Perimeter doorways, including the loading dock area, are
locked at all times when not attended by paid employees or contracted
employees, including security guards.
(9) Except when a firearm is currently being tested, any
ammunition on the premises is removed from all manufactured guns and
stored in a separate and locked room, cabinet, or box away from the
storage area for the firearms. Ammunition may be stored with a
weapon only in a locked safe.
(e) For purposes of this section, any licensed manufacturer who
produces fewer than 500 firearms in a calendar year within this state
may maintain a "secure facility" by complying with all of the
requirements described in subdivision (d), or may design a security
plan that is approved by the Department of Justice or the federal
Bureau of Alcohol, Tobacco, and Firearms.
(1) If a security plan is approved by the federal Bureau of
Alcohol, Tobacco, and Firearms, the approved plan, along with proof
of approval, shall be filed with the Department of Justice and the
local police department. If there is no police department, the
filing shall be with the county sheriff's office.
(2) If a security plan is approved by the Department of Justice,
the approved plan, along with proof of approval, shall be filed with
the local police department. If there is no police department, the
filing shall be with the county sheriff's office.
(f) (1) Except as otherwise provided in this subdivision, the
Department of Justice shall maintain a centralized list of all
persons licensed pursuant to paragraph (2) of subdivision (b). The
centralized list shall be provided annually to each police department
and county sheriff within the state.
(2) Except as provided in paragraph (3), the license of any
licensee who violates this section may be revoked.
(3) The license of any licensee who knowingly or with gross
negligence violates this section or violates this section three times
shall be revoked, and that person, firm, or corporation shall become
permanently ineligible to obtain a license pursuant to this section.

(g) (1) Upon the revocation of the license, notification shall be
provided to local law enforcement authorities in the jurisdiction
where the licensee's business is located and to the federal Bureau of
Alcohol, Tobacco, and Firearms.
(2) The department shall make information concerning the location
and name of a licensee available, upon request, for the following
purposes only:
(A) Law enforcement.
(B) When the information is requested by a person licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code for determining the validity of the license
for firearm shipments.
(3) Notwithstanding paragraph (2), the department shall make the
name and business address of a licensee available to any person upon
written request.
(h) The Department of Justice shall maintain and make available
upon request information concerning the number of inspections
conducted and the amount of fees collected pursuant to paragraph (3)
of subdivision (b), the number of licensees removed from the
centralized list described in subdivision (f), and the number of
licensees found to have violated this section.

[هيثم الفقى]

Firearms Safety Devices


12087. This article shall be known and may be cited as the
"Aroner-Scott-Hayden Firearms Safety Act of 1999."



12087.5. The Legislature makes the following findings:
(a) In the years 1987 to 1996, nearly 2,200 children in the United
States under the age of 15 years died in unintentional shootings.
In 1996 alone, 138 children were shot and killed unintentionally.
Thus, more than 11 children every month, or one child every three
days, were shot or killed unintentionally in firearms-related
incidents.
(b) The United States leads the industrialized world in the rates
of children and youth lost to unintentional, firearms-related deaths.
A 1997 study from the federal Centers for Disease Control and
Prevention reveals that for unintentional firearm-related deaths for
children under the age of 15, the rate in the United States was nine
times higher than in 25 other industrialized countries combined.
(c) While the number of unintentional deaths from firearms is an
unacceptable toll on America's children, nearly eight times that
number are treated in U.S. hospital emergency rooms each year for
nonfatal unintentional gunshot wounds.
(d) A study of unintentional firearm deaths among children in
California found that unintentional gunshot wounds most often involve
handguns.
(e) A study in the December 1995 issue of the Archives of
Pediatric and Adolescent Medicine found that children as young as
three years old are strong enough to fire most commercially available
handguns. The study revealed that 25 percent of three to four year
olds and 70 percent of five to six year olds had sufficient finger
strength to fire 59 (92 percent) of the 64 commonly available
handguns referenced in the study.
(f) The Government Accounting Office (GAO), in its March 1991
study, "Accidental Shootings: Many Deaths and Injuries Caused by
Firearms Could be Prevented," estimates that 31 percent of accidental
deaths caused by firearms might be prevented by the addition of two
safety devices: a child-resistant safety device that automatically
engages and a device that indicates whether the gun is loaded.
According to the study results, of the 107 unintentional
firearms-related fatalities the GAO examined for the calendar years
1988 and 1989, 8 percent could have been prevented had the firearm
been equipped with a child-resistant safety device. This 8 percent
represents instances in which children under the age of six
unintentionally shot and killed themselves or other persons.
(g) Currently, firearms are the only products manufactured in the
United States that are not subject to minimum safety standards.
(h) A 1997 public opinion poll conducted by the National Opinion
Research Center at the University of Chicago in conjunction with the
Johns Hopkins Center for Gun Policy and Research found that 74
percent of Americans support safety regulation of the firearms
industry.
(i) Some currently available trigger locks and other similar
devices are inadequate to prevent the accidental discharge of the
firearms to which they are attached, or to prevent children from
gaining access to the firearm.



12087.6. As used in this article:
(a) "Firearms safety device" means a device other than a gun safe
that locks and is designed to prevent children and unauthorized users
from firing a firearm. The device may be installed on a firearm, be
incorporated into the design of the firearm, or prevent access to
the firearm.
(b) "Gun safe" means a locking container that fully contains and
secures one or more firearms, and that meets the standards for gun
safes adopted pursuant to Section 12088.2.
(c) "Long-gun safe" means a locking container designed to fully
contain and secure a rifle as defined in paragraph (20) of
subdivision (c) of Section 12020 or a shotgun as defined in paragraph
(21) of subdivision (c) of Section 12020, that has a locking system
consisting of either a mechanical combination lock or an electronic
combination lock that has at least 1,000 possible unique combinations
consisting of a minimum of three numbers, letters, or symbols per
combination, and that is not listed on the roster maintained pursuant
to subdivision (d) of Section 12088.



12088. (a) The Department of Justice shall certify laboratories to
verify compliance with standards for firearms safety devices set
forth in Section 12088.2.
(b) The Department of Justice may charge any laboratory that is
seeking certification to test firearms safety devices a fee not
exceeding the costs of certification, including costs associated with
the development and approval of regulations and standards pursuant
to Section 12088.2.
(c) The certified laboratory shall, at the manufacturer's or
dealer's expense, test the firearms safety device and submit a copy
of the final test report directly to the Department of Justice along
with the firearms safety device. The department shall notify the
manufacturer or dealer of its receipt of the final test report and
the department's determination as to whether the firearms safety
device tested may be sold in this state.
(d) On and after July 1, 2001, the Department of Justice shall
compile, publish, and thereafter maintain a roster listing all of the
firearms safety devices that have been tested by a certified testing
laboratory, have been determined to meet the department's standards
for firearms safety devices and may be sold in this state.
(e) The roster shall list, for each firearms safety device, the
manufacturer, model number, and model name.
(f) The department may randomly retest samples obtained from
sources other than directly from the manufacturer of the firearms
safety device listed on the roster to ensure compliance with the
requirements of this article.
(g) Firearms safety devices used for random sample testing and
obtained from sources other than the manufacturer shall be in new,
unused condition, and still in the manufacturer's original and
unopened package.



12088.1. (a) All firearms sold or transferred in this state by a
licensed firearms dealer, including private transfers through a
dealer, and all firearms manufactured in this state, shall include or
be accompanied by a firearms safety device that is listed on the
Department of Justice's roster of approved firearms safety devices
and that is identified as appropriate for that firearm by reference
to either the manufacturer and model of the firearm, or to the
physical characteristics of the firearm that match those listed on
the roster for use with the device.
(b) All firearms sold or transferred in this state by a licensed
firearms dealer, including private transfers through a dealer, and
all firearms manufactured in this state shall be accompanied with
warning language or labels as described in Section 12088.3.
(c) (1) All long-gun safes commercially sold or transferred in
this state, or manufactured in this state for sale in this state,
that do not meet the standards for gun safes adopted pursuant to
Section 12088.2 shall be accompanied by the following warning:
"WARNING: This gun safe does not meet the safety standards for
gun safes specified in California Penal Code Section 12088.2. It
does not satisfy the requirements of Penal Code Section 12088.1,
which mandates that all firearms sold in California be accompanied by
a firearms safety device or proof of ownership, as required by law,
of a gun safe that meets the Section 12088.2 minimum safety standards
developed by the California Attorney General."
(2) This warning shall be conspicuously displayed in its entirety
on the principal display panel of the gun safe's package, on any
descriptive materials that accompany the gun safe, and on a label
affixed to the front of the gun safe.
(3) This warning shall be displayed in both English and Spanish in
conspicuous and legible type in contrast by typography, layout, or
color with other printed matter on the package or descriptive
materials in a manner consistent with Part 1500.121 of Title 16 of
the Code of Federal Regulations, or successor regulations thereto.
(d) The sale or transfer of a firearm shall be exempt from
subdivision (a) if both of the following apply:
(1) The purchaser or transferee owns a gun safe that meets the
standards set forth in Section 12088.2. Gun safes shall not be
required to be tested, and therefore may meet the standards without
appearing on the Department of Justice roster.
(2) The purchaser or transferee presents an original receipt for
purchase of the gun safe, or other proof of purchase or ownership of
the gun safe as authorized by the Attorney General, to the firearms
dealer. The dealer shall maintain a copy of this receipt or proof of
purchase with the dealers' record of sales of firearms.
(e) The sale or transfer of a firearm shall be exempt from
subdivision (a) if all of the following apply:
(1) The purchaser or transferee purchases an approved safety
device no more than 30 days prior to the day the purchaser or
transferee takes possession of the firearm.
(2) The purchaser or transferee presents the approved safety
device to the firearms dealer when picking up the firearm.
(3) The purchaser or transferee presents an original receipt to
the firearms dealer which shows the date of purchase, the name, and
the model number of the safety device.
(4) The firearms dealer verifies that the requirements in (1) to
(3), inclusive, have been satisfied.
(5) The firearms dealer maintains a copy of the receipt along with
the dealers' record of sales of firearms.



12088.15. (a) No person shall keep for commercial sale, offer, or
expose for commercial sale, or commercially sell any firearms safety
device that is not listed on the roster maintained pursuant to
subdivision (d) of Section 12088, or that does not comply with the
standards for firearms safety devices adopted pursuant to Section
12088.2.
(b) No person may distribute as part of an organized firearm
safety program, with or without consideration, any firearm safety
device that is not listed on the roster maintained pursuant to
subdivision (d) of Section 12088 or does not comply with the
standards for firearms safety devices adopted pursuant to Section
12088.2.
(c) No long-gun safe may be manufactured in this state for sale in
this state that does not comply with the standards for gun safes
adopted pursuant to Section 12088.2, unless the long-gun safe is
labeled by the manufacturer consistent with the requirements of
Section 12088.1.
(d) (1) Any person who keeps for commercial sale, offers, or
exposes for commercial sale, or who commercially sells a long-gun
safe that does not comply with the standards for gun safes adopted
pursuant to Section 12088.2, and who knows or has reason to know,
that the long-gun safe in question does not meet the standards for
gun safes adopted pursuant to Section 12088.2, is in violation of
this section, and is punishable as provided in subdivision (e),
unless the long-gun safe is labeled pursuant to Section 12088.1.
(2) Any person who keeps for commercial sale, offers, or exposes
for commercial sale, or who commercially sells a long-gun safe that
does not comply with the standards for gun safes adopted pursuant to
Section 12088.2, and who removes or causes to be removed from the
long-gun safe, the label required pursuant to Section 12088.1, is in
violation of this section, and is punishable as provided in
subdivision (e).
(e) A violation of this section is punishable by a civil fine of
up to five hundred dollars ($500). A second violation of this
section that occurs within five years of the date of a previous
offense is punishable by a civil fine of up to one thousand dollars
($1,000) and, if the violation is committed by a licensed firearms
dealer, the dealer shall be ineligible to sell firearms in this state
for 30 days. A third or subsequent violation that occurs within
five years of two or more previous offenses is punishable by a civil
fine of up to five thousand dollars ($5,000) and, if the violation is
committed by a licensed firearms dealer, the firearms dealer shall
be permanently ineligible to sell firearms in this state.
(f) The Attorney General, a district attorney, or a city attorney
may bring a civil action for a violation of the provisions of this
section.


12088.2. (a) No later than January 1, 2000, the Attorney General
shall commence development of regulations to implement a minimum
safety standard for firearms safety devices and gun safes to
significantly reduce the risk of firearms-related injuries to
children 17 years of age and younger. The final standard shall do
all of the following:
(1) Address the risk of injury from unintentional gunshot wounds.

(2) Address the risk of injury from self-inflicted gunshot wounds
by unauthorized users.
(3) Include provisions to ensure that all firearms safety devices
and gun safes are reusable and of adequate quality and construction
to prevent children and unauthorized users from firing the firearm
and to ensure that these devices cannot be readily removed from the
firearm or that the firearm cannot be readily removed from the gun
safe except by an authorized user utilizing the key, combination, or
other method of access intended by the manufacturer of the device.
(4) Include additional provisions as appropriate.
(b) The Attorney General may consult, for the purposes of guidance
in development of the standards, test protocols such as those
described in Title 16 (commencing with Part 1700) of the Code of
Federal Regulations, relating to poison prevention packaging
standards. These protocols may be consulted to provide suggestions
for potential methods to utilize in developing standards and shall
serve as guidance only. The Attorney General shall also give
appropriate consideration to the use of devices that are not
detachable, but are permanently installed and incorporated into the
design of a firearm. The Attorney General shall adopt and issue
regulations implementing a final standard not later than January 1,
2001. The Attorney General shall report to the Legislature on these
standards by January 1, 2001. The final standard shall be effective
January 1, 2002.


12088.3. (a) The packaging of any firearm and any descriptive
materials that accompany any firearm sold or transferred in this
state, or delivered for sale in this state, by any licensed
manufacturer, or licensed dealer, shall bear a label containing the
following warning statement:
WARNING
Children are attracted to and can operate firearms that can cause
severe injuries or death.
Prevent child access by always keeping guns locked away and unloaded
when not in use. If you keep a loaded firearm where a child obtains
and improperly uses it, you may be fined or sent to prison.
A yellow triangle containing an exclamation mark shall appear
immediately before the word "Warning" on the label.
(b) If the firearm is sold or transferred without accompanying
packaging, the warning label or notice shall be affixed to the
firearm itself by a method to be prescribed by regulation of the
Attorney General.
(c) The warning statement required under subdivisions (a) and (b)
shall be:
(1) Displayed in its entirety on the principal display panel of
the firearm's package, and on any descriptive materials that
accompany the firearm.
(2) Displayed in both English and Spanish in conspicuous and
legible type in contrast by typography, layout, or color with other
printed matter on that package or descriptive materials in a manner
consistent with Part 1500.121 of Title 16, of the Code of Federal
Regulations, or successor regulations thereto.



12088.4. If at any time the Attorney General determines that a gun
safe or firearms safety device subject to the provisions of this
article and sold after January 1, 2002, does not conform with the
standards required by subdivision (a) of Section 12088.1 or Section
12088.2, the Attorney General may order the recall and replacement of
the gun safe or firearms safety device, or order that the gun safe
or firearm safety device be brought into conformity with those
requirements. If the firearms safety device cannot be separated from
the firearm without damaging the firearm, the Attorney General may
order the recall and replacement of the firearm. If the firearms
safety device can be separated and reattached to the firearm without
damaging the firearm, the licensed manufacturer or licensed firearms
dealer shall immediately provide a conforming replacement as
instructed by the Attorney General.



12088.5. Each lead law enforcement agency investigating an incident
shall report to the State Department of Health Services any
information obtained that reasonably supports the conclusion that:
(a) A child 18 years of age or younger suffered an unintentional
or self-inflicted gunshot wound inflicted by a firearm that was sold
or transferred in this state, or manufactured in this state.
(b) Whether as a result of that incident the child died, suffered
serious injury, or was treated for an injury by a medical
professional.


12088.6. Any violation of Section 12088.1 or Section 12088.3 is
punishable by a fine of one thousand dollars ($1,000). On the second
violation of any of those sections, the licensed firearm
manufacturer shall be ineligible to manufacture, or the licensed
firearm dealer shall be ineligible to sell, firearms in this state
for 30 days, and shall be punished by a fine of one thousand dollars
($1,000). On the third violation of any of those sections, a firearm
manufacturer shall be permanently ineligible to manufacture firearms
in this state. On the third violation of any of those sections, a
licensed firearm dealer shall be permanently ineligible to sell
firearms in this state.



12088.7. Compliance with the requirements set forth in this article
shall not relieve any person from liability to any other person as
may be imposed pursuant to common law, statutory law, or local
ordinance.


12088.8. (a) This article does not apply to the commerce of any
firearm defined as an "antique firearm" in paragraph (16) of
subsection (a) of Section 921 of Title 18 of the United States Code.

(b) This article shall not apply to the commerce of any firearm
intended to be used by a salaried, full-time peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
for purposes of law enforcement. Nothing in this article shall
preclude local governments, local agencies, or state law enforcement
agencies from requiring their peace officers to store their firearms
in gun safes or attach firearms safety devices to those firearms.



12088.9. (a) The Department of Justice may require each dealer to
charge each firearm purchaser or transferee a fee not to exceed one
dollar ($1) for each firearm transaction. The fee shall be for the
purpose of supporting department program costs related to this act,
including the establishment, maintenance, and upgrading of related
data base systems and public rosters.
(b) There is hereby created within the General Fund the Firearm
Safety Account. Revenue from the fee imposed by subdivision (a)
shall be deposited into the Firearm Safety Account and shall be
available for expenditure by the Department of Justice upon
appropriation by the Legislature. Expenditures from the Firearm
Safety Account shall be limited to program expenditures as defined by
subdivision (a).

[هيثم الفقى]

Obliteration of Identification Marks


12090. Any person who changes, alters, removes or obliterates the
name of the maker, model, manufacturer's number, or other mark of
identification, including any distinguishing number or mark assigned
by the Department of Justice on any pistol, revolver, or any other
firearm, without first having secured written permission from the
department to make such change, alteration or removal shall be
punished by imprisonment in the state prison.



12091. Possession of any pistol or revolver upon which the name of
the maker, model, manufacturer's number or other mark of
identification has been changed, altered, removed, or obliterated,
shall be presumptive evidence that the possessor has changed,
altered, removed, or obliterated the same.



12092. The Department of Justice upon request may assign a
distinguishing number or mark of identification to any firearm
whenever it is without a manufacturer's number, or other mark of
identification or whenever the manufacturer's number or other mark of
identification or the distinguishing number or mark assigned by the
department has been destroyed or obliterated.



12093. Any person may place or stamp on any pistol, revolver, or
other firearm any number or identifying indicium, provided the number
or identifying indicium does not change, alter, remove, or
obliterate the manufacturer's name, number, model, or other mark of
identification. This section does not prohibit restoration by the
owner of the name of the maker, model, or of the original
manufacturer's number or other mark of identification when such
restoration is authorized by the department, nor prevent any
manufacturer from placing in the ordinary course of business the name
of the maker, model, manufacturer's number, or other mark of
identification upon a new firearm.



12094. (a) Any person with knowledge of any change, alteration,
removal, or obliteration described herein, who buys, receives,
disposes of, sells, offers for sale, or has in his or her possession
any pistol, revolver, or other firearm which has had the name of the
maker, model, or the manufacturer's number or other mark of
identification including any distinguishing number or mark assigned
by the Department of Justice changed, altered, removed, or
obliterated is guilty of a misdemeanor.
(b) Subdivision (a) does not apply to any of the following:
(1) The acquisition or possession of a firearm described in
subdivision (a) by any member of the military forces of this state or
of the United States, while on duty and acting within the scope and
course of his or her employment.
(2) The acquisition or possession of a firearm described in
subdivision (a) by any peace officer described in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, while on duty and
acting within the scope and course of his or her employment.
(3) The acquisition or possession of a firearm described in
subdivision (a) by any employee of a forensic laboratory, while on
duty and acting within the scope and course of his or her employment.

(4) The possession and disposition of a firearm described in
subdivision (a) by a person who meets all of the following:
(A) He or she is not prohibited from possessing firearms or
ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of
subdivision (b) of Section 12316 of this code, or Section 8100 or
8103 of the Welfare and Institutions Code.
(B) The person possessed the firearm no longer than was necessary
to deliver the same to a law enforcement agency for that agency's
disposition according to law.
(C) If the person is transporting the firearm, he or she is
transporting the firearm to a law enforcement agency in order to
deliver the firearm to the law enforcement agency for the agency's
disposition according to law.
(D) If the person is transporting the firearm to a law enforcement
agency, he or she has given prior notice to the law enforcement
agency that he or she is transporting the firearm to that law
enforcement agency for that agency's disposition according to law.
(E) The firearm is transported in a locked container as defined in
subdivision (d) of Section 12026.2.

[هيثم الفقى]

Permits


12095. (a) If it finds that it does not endanger the public safety,
the Department of Justice may issue permits initially valid for a
period of one year, and renewable annually thereafter, for the
manufacture, possession, transportation, or sale of short-barreled
shotguns or short-barreled rifles upon a showing that good cause
exists for the issuance thereof to the applicant for the permit. No
permit shall be issued to a person who is under 18 years of age.
(b) Good cause, for the purposes of this section, shall be limited
to only the following:
(1) The permit is sought for the manufacture, possession, or use
with blank cartridges, of a short-barreled rifle or short-barreled
shotgun, solely as props for a motion picture, television, or video
production or entertainment event.
(2) The permit is sought for the manufacture of, exposing for
sale, keeping for sale, sale of, importation or lending of
short-barreled rifles or short-barreled shotguns to the entities
listed in paragraph (1) of subdivision (b) of Section 12020 by
persons who are licensed as dealers or manufacturers under the
provisions of Chapter 53 (commencing with Section 5801) of Title 26
of the United States Code, as amended, and the regulations issued
pursuant thereto.


12096. Applications for permits shall be filed in writing, signed
by the applicant if an individual, or by a member or officer
qualified to sign if the applicant is a firm or corporation, and
shall state the name, business in which engaged, business address,
and a full description of the use to which the short-barreled
shotguns or short-barreled rifles are to be put.
Applications and permits shall be uniform throughout the state on
forms prescribed by the Department of Justice.
Each applicant for a permit shall pay at the time of filing his or
her application a fee determined by the Department of Justice not to
exceed the application processing costs of the Department of
Justice. A permit granted pursuant to this article may be renewed
one year from the date of issuance, and annually thereafter, upon the
filing of a renewal application and the payment of a permit renewal
fee not to exceed the application processing costs of the Department
of Justice. After the department establishes fees sufficient to
reimburse the department for processing costs, fees charged shall
increase at a rate not to exceed the legislatively approved annual
cost-of-living adjustments for the department's budget.



12097. (a) Every person, firm, or corporation to whom a permit is
issued shall keep it on his or her person or at the place where the
short-barreled shotguns or short-barreled rifles are kept. The
permit shall be open to inspection by any peace officer or any other
person designated by the authority issuing the permit.
(b) Every short-barreled shotgun or short-barreled rifle possessed
pursuant to the provisions of this article shall bear a unique
identifying number. If a weapon does not bear a unique identifying
number, the Department of Justice shall assign a number which shall
be placed or stamped on that weapon.


12098. Permits issued in accordance with this article may be
revoked by the issuing authority at any time when it appears that the
need for the short-barreled shotguns or short-barreled rifles has
ceased or that the holder of the permit has used the short-barreled
shotguns or short-barreled rifles for purposes other than those
allowed by the permit or that the holder of the permit has not
exercised great care in retaining custody of any weapons possessed
under the permit.


12099. (a) Except as provided in subdivision (b), the Department of
Justice shall, for every person, firm, or corporation to whom a
permit is issued pursuant to this article, annually conduct an
inspection for security and safe storage purposes, and to reconcile
the inventory of short-barreled shotguns and short-barreled rifles.
(b) A person, firm, or corporation with an inventory of fewer than
five devices that require any Department of Justice permit shall be
subject to an inspection for security and safe storage purposes, and
to reconcile inventory, once every five years, or more frequently if
determined by the department.

[هيثم الفقى]

Juveniles


12101. (a) (1) A minor shall not possess a pistol, revolver, or
other firearm capable of being concealed upon the person.
(2) Paragraph (1) shall not apply if one of the following
circumstances exists:
(A) The minor is accompanied by his or her parent or legal
guardian, and the minor is actively engaged in, or is in direct
transit to or from, a lawful, recreational sport, including, but not
limited to, competitive shooting, or agricultural, ranching, or
hunting activity, or a motion picture, television, or video
production, or entertainment or theatrical event, the nature of which
involves this use of a firearm.
(B) The minor is accompanied by a responsible adult, the minor has
the prior written consent of his or her parent or legal guardian,
and the minor is actively engaged in, or is in direct transit to or
from, a lawful, recreational sport, including, but not limited to,
competitive shooting, or agricultural, ranching, or hunting activity,
or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
(C) The minor is at least 16 years of age, the minor has the prior
written consent of his or her parent or legal guardian and the minor
is actively engaged in, or is in direct transit to or from, a lawful
recreational sport, including, but not limited to, competitive
shooting, or agricultural, ranching, or hunting activity, or a motion
picture, television, or video production, or entertainment or
theatrical event, the nature of which involves the use of a firearm.

(D) The minor has the prior written consent of his or her parent
or legal guardian, the minor is on lands owned or lawfully possessed
by his or her parent or legal guardian, and the minor is actively
engaged in, or is in direct transit to or from, a lawful,
recreational sport, including, but not limited to, competitive
shooting, or agricultural, ranching, or hunting activity, or a motion
picture, television, or video production, or entertainment or
theatrical event, the nature of which involves the use of a firearm.

(b) (1) A minor shall not possess live ammunition.
(2) Paragraph (1) shall not apply if one of the following
circumstances exists:
(A) The minor has the written consent of his or her parent or
legal guardian to possess live ammunition.
(B) The minor is accompanied by his or her parent or legal
guardian.
(C) The minor is actively engaged in, or is going to or from, a
lawful, recreational sport, including, but not limited to,
competitive shooting, or agricultural, ranching, or hunting activity,
the nature of which involves the use of a firearm.
(c) Every minor who violates this section shall be punished as
follows:
(1) By imprisonment in the state prison or in a county jail if one
of the following applies:
(A) The minor has been found guilty previously of violating this
section.
(B) The minor has been found guilty previously of an offense
specified in subdivision (b) of Section 12021.1 or in Section 12020,
12220, 12520, or 12560.
(C) The minor has been found guilty of a violation of paragraph
(1) of subdivision (a).
(2) Violations of this section other than those violations
specified in paragraph (1) shall be punishable as a misdemeanor.
(d) In a proceeding to enforce this section brought pursuant to
Article 14 (commencing with Section 601) of Chapter 2 of Part 1 of
the Welfare and Institutions Code, the court may require the
custodial parent or legal guardian of a minor who violates this
section to participate in classes on parenting education that meet
the requirements established in Section 16507.7 of the Welfare and
Institutions Code.
(e) As used in this section, "responsible adult" means a person at
least 21 years of age who is not within a class of persons
prohibited from owning or possessing firearms by virtue of Section
12021 or 12021.1 of this code, or Section 8100 or 8103 of the Welfare
and Institutions Code.
(f) It is not the intent of the Legislature in enacting the
amendments to this section or to Section 12078 to expand or narrow
the application of current statutory or judicial authority as to the
rights of minors to be loaned or to possess live ammunition or a
firearm for the purpose of self-defense or the defense of others.

[هيثم الفقى]

UNSAFE HANDGUNS



12125. (a) Commencing January 1, 2001, any person in this state who
manufactures or causes to be manufactured, imports into the state
for sale, keeps for sale, offers or exposes for sale, gives, or lends
any unsafe handgun shall be punished by imprisonment in a county
jail not exceeding one year.
(b) This section shall not apply to any of the following:
(1) The manufacture in this state, or importation into this state,
of any prototype pistol, revolver, or other firearm capable of being
concealed upon the person when the manufacture or importation is for
the sole purpose of allowing an independent laboratory certified by
the Department of Justice pursuant to Section 12130 to conduct an
independent test to determine whether that pistol, revolver, or other
firearm capable of being concealed upon the person is prohibited by
this chapter, and, if not, allowing the department to add the firearm
to the roster of pistols, revolvers, and other firearms capable of
being concealed upon the person that may be sold in this state
pursuant to Section 12131.
(2) The importation or lending of a pistol, revolver, or other
firearm capable of being concealed upon the person by employees or
authorized agents of entities determining whether the weapon is
prohibited by this section.
(3) Firearms listed as curios or relics, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations.
(4) The sale or purchase of any pistol, revolver or other firearm
capable of being concealed upon the person, if the pistol, revolver,
or other firearm is sold to, or purchased by, the Department of
Justice, any police department, any sheriff's official, any marshal's
office, the Youth and Adult Correctional Agency, the California
Highway Patrol, any district attorney's office, or the military or
naval forces of this state or of the United States for use in the
discharge of their official duties. Nor shall anything in this
section prohibit the sale to, or purchase by, sworn members of these
agencies of any pistol, revolver, or other firearm capable of being
concealed upon the person.
(c) Violations of subdivision (a) are cumulative with respect to
each handgun and shall not be construed as restricting the
application of any other law. However, an act or omission punishable
in different ways by this section and other provisions of law shall
not be punished under more than one provision, but the penalty to be
imposed shall be determined as set forth in Section 654.



12126. As used in this chapter, "unsafe handgun" means any pistol,
revolver, or other firearm capable of being concealed upon the
person, as defined in subdivision (a) of Section 12001, for which any
of the following is true:
(a) For a revolver:
(1) It does not have a safety device that, either automatically in
the case of a double-action firing mechanism, or by manual operation
in the case of a single-action firing mechanism, causes the hammer
to retract to a point where the firing pin does not rest upon the
primer of the cartridge.
(2) It does not meet the firing requirement for handguns pursuant
to Section 12127.
(3) It does not meet the drop safety requirement for handguns
pursuant to Section 12128.
(b) For a pistol:
(1) It does not have a positive manually operated safety device,
as determined by standards relating to imported guns promulgated by
the federal Bureau of Alcohol, Tobacco, and Firearms.
(2) It does not meet the firing requirement for handguns pursuant
to Section 12127.
(3) It does not meet the drop safety requirement for handguns
pursuant to Section 12128.
(4) Commencing January 1, 2006, for a center fire semiautomatic
pistol that is not already listed on the roster pursuant to Section
12131, it does not have either a chamber load indicator, or a
magazine disconnect mechanism.
(5) Commencing January 1, 2007, for all center fire semiautomatic
pistols that are not already listed on the roster pursuant to Section
12131, it does not have both a chamber load indicator and if it has
a detachable magazine, a magazine disconnect mechanism.
(6) Commencing January 1, 2006, for all rimfire semiautomatic
pistols that are not already listed on the roster pursuant to Section
12131, it does not have a magazine disconnect mechanism, if it has a
detachable magazine.
(7) Commencing January 1, 2010, for all semiautomatic pistols that
are not already listed on the roster pursuant to Section 12131, it
is not designed and equipped with a microscopic array of characters
that identify the make, model, and serial number of the pistol,
etched or otherwise imprinted in two or more places on the interior
surface or internal working parts of the pistol, and that are
transferred by imprinting on each cartridge case when the firearm is
fired, provided that the Department of Justice certifies that the
technology used to create the imprint is available to more than one
manufacturer unencumbered by any patent restrictions. The Attorney
General may also approve a method of equal or greater reliability and
effectiveness in identifying the specific serial number of a firearm
from spent cartridge casings discharged by that firearm than that
which is set forth in this paragraph, to be thereafter required as
otherwise set forth by this paragraph where the Attorney General
certifies that this new method is also unencumbered by any patent
restrictions. Approval by the Attorney General shall include notice
of that fact via regulations adopted by the Attorney General for
purposes of implementing that method for purposes of this paragraph.
The microscopic array of characters required by this section shall
not be considered the name of the maker, model, manufacturer's
number, or other mark of identification, including any distinguishing
number or mark assigned by the Department of Justice, within the
meaning of Sections 12090 and 12094.
(c) As used in this section, a "chamber load indicator" means a
device that plainly indicates that a cartridge is in the firing
chamber. A device satisfies this definition if it is readily visible,
has incorporated or adjacent explanatory text or graphics, or both,
and is designed and intended to indicate to a reasonably foreseeable
adult user of the pistol, without requiring the user to refer to a
user's manual or any other resource other than the pistol itself,
whether a cartridge is in the firing chamber.
(d) As used in this section, a "magazine disconnect mechanism"
means a mechanism that prevents a semiautomatic pistol that has a
detachable magazine from operating to strike the primer of ammunition
in the firing chamber when a detachable magazine is not inserted in
the semiautomatic pistol.
(e) As used in this section, a "semiautomatic pistol" means a
pistol, as defined in subdivision (a) of Section 12001, the operating
mode of which uses the energy of the explosive in a fixed cartridge
to extract a fired cartridge and chamber a fresh cartridge with each
single pull of the trigger.


12127. (a) As used in this chapter, the "firing requirement for
handguns" means a test in which the manufacturer provides three
handguns of the make and model for which certification is sought to
an independent testing laboratory certified by the Attorney General
pursuant to Section 12130. These handguns may not be refined or
modified in any way from those that would be made available for
retail sale if certification is granted. The magazines of a tested
pistol shall be identical to those that would be provided with the
pistol to a retail customer. The laboratory shall fire 600 rounds
from each gun, stopping after each series of 50 rounds has been fired
for 5 to 10 minutes to allow the weapon to cool, stopping after each
series of 100 rounds has been fired to tighten any loose screws and
clean the gun in accordance with the manufacturer's instructions, and
stopping as needed to refill the empty magazine or cylinder to
capacity before continuing. The ammunition used shall be of the type
recommended by the handgun manufacturer in the user manual, or if
none is recommended, any standard ammunition of the correct caliber
in new condition that is commercially available. A handgun shall
pass this test if each of the three test guns meets both of the
following:
(1) Fires the first 20 rounds without a malfunction that is not
due to ammunition that fails to detonate.
(2) Fires the full 600 rounds with no more than six malfunctions
that are not due to ammunition that fails to detonate and without any
crack or breakage of an operating part of the handgun that increases
the risk of injury to the user.
(b) If a pistol or revolver fails the requirements of either
paragraph (1) or (2) of subdivision (a) due to ammunition that fails
to detonate, the pistol or revolver shall be retested from the
beginning of the "firing requirement for handguns" test. A new model
of the pistol or revolver that failed due to ammunition that fails
to detonate may be submitted for the test to replace the pistol or
revolver that failed.
(c) As used in this section, "malfunction" means a failure to
properly feed, fire, or eject a round, or failure of a pistol to
accept or eject the magazine, or failure of a pistol's slide to
remain open after the magazine has been expended.



12128. As used in this chapter, the "drop safety requirement for
handguns" means that at the conclusion of the firing requirements for
handguns described in Section 12127, the same certified independent
testing laboratory shall subject the same three handguns of the make
and model for which certification is sought, to the following test:
A primed case (no powder or projectile) shall be inserted into the
chamber. For pistols, the slide shall be released, allowing it to
move forward under the impetus of the recoil spring, and an empty
magazine shall be inserted. For both pistols and revolvers, the
weapon shall be placed in a drop fixture capable of dropping the
pistol from a drop height of 1m + 1cm (39.4 + 0.4 in.) onto the
largest side of a slab of solid concrete having minimum dimensions of
7.5 X 15 X 15 cm (3 X 6 X 6 in.). The drop distance shall be
measured from the lowermost portion of the weapon to the top surface
of the slab. The weapon shall be dropped from a fixture and not from
the hand. The weapon shall be dropped in the condition that it
would be in if it were dropped from a hand (cocked with no manual
safety applied). If the design of a pistol is such that upon leaving
the hand a "safety" is automatically applied by the pistol, this
feature shall not be defeated. An approved drop fixture is a short
piece of string with the weapon attached at one end and the other end
held in an air vise until the drop is initiated.
The following six drops shall be performed:
(a) Normal firing position with barrel horizontal.
(b) Upside down with barrel horizontal.
(c) On grip with barrel vertical.
(d) On muzzle with barrel vertical.
(e) On either side with barrel horizontal.
(f) If there is an exposed hammer or striker, on the rearmost
point of that device, otherwise on the rearmost point of the weapon.

The primer shall be examined for indentations after each drop. If
indentations are present, a fresh primed case shall be used for the
next drop.
The handgun shall pass this test if each of the three test guns
does not fire the primer.



12129. Every person who is licensed as a manufacturer of firearms
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code who manufactures firearms in this state, and
every person who imports into the state for sale, keeps for sale, or
offers or exposes for sale any firearm, shall certify under penalty
of perjury and any other remedy provided by law that every model,
kind, class, style, or type of pistol, revolver, or other firearm
capable of being concealed upon the person that he or she
manufactures or imports, keeps, or exposes for sale is not an unsafe
handgun as prohibited by this chapter.


12130. (a) Any pistol, revolver, or other firearm capable of being
concealed upon the person manufactured in this state, imported into
the state for sale, kept for sale, or offered or exposed for sale,
shall be tested within a reasonable period of time by an independent
laboratory certified pursuant to subdivision (b) to determine whether
that pistol, revolver, or other firearm capable of being concealed
upon the person meets or exceeds the standards defined in Section
12126.
(b) On or before October 1, 2000, the Department of Justice shall
certify laboratories to verify compliance with the standards defined
in Section 12126. The department may charge any laboratory that is
seeking certification to test any pistol, revolver, or other firearm
capable of being concealed upon the person pursuant to this chapter a
fee not exceeding the costs of certification.
(c) The certified testing laboratory shall, at the manufacturer's
or importer's expense, test the firearm and submit a copy of the
final test report directly to the Department of Justice along with a
prototype of the weapon to be retained by the department. The
department shall notify the manufacturer or importer of its receipt
of the final test report and the department's determination as to
whether the firearm tested may be sold in this state.
(d) (1) Commencing January 1, 2006, no center-fire semiautomatic
pistol may be submitted for testing pursuant to this chapter if it
does not have either a chamber load indicator as defined in
subdivision (c) of Section 12126, or a magazine disconnect mechanism
as defined in subdivision (d) of Section 12126 if it has a detachable
magazine.
(2) Commencing January 1, 2007, no center-fire semiautomatic
pistol may be submitted for testing pursuant to this chapter if it
does not have both a chamber load indicator as defined in subdivision
(c) of Section 12126 and a magazine disconnect mechanism as defined
in subdivision (d) of Section 12126.
(3) Commencing January 1, 2006, no rimfire semiautomatic pistol
may be submitted for testing pursuant to this chapter if it has a
detachable magazine, and does not have a magazine disconnect
mechanism as defined in subdivision (d) of Section 12126.



12131. (a) On and after January 1, 2001, the Department of Justice
shall compile, publish, and thereafter maintain a roster listing all
of the pistols, revolvers, and other firearms capable of being
concealed upon the person that have been tested by a certified
testing laboratory, have been determined not to be unsafe handguns,
and may be sold in this state pursuant to this title. The roster
shall list, for each firearm, the manufacturer, model number, and
model name.
(b) (1) The department may charge every person in this state who
is licensed as a manufacturer of firearms pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code,
and any person in this state who manufactures or causes to be
manufactured, imports into the state for sale, keeps for sale, or
offers or exposes for sale any pistol, revolver, or other firearm
capable of being concealed upon the person in this state, an annual
fee not exceeding the costs of preparing, publishing, and maintaining
the roster pursuant to subdivision (a) and the costs of research and
development, report analysis, firearms storage, and other program
infrastructure costs necessary to implement this chapter.
(2) Any pistol, revolver, or other firearm capable of being
concealed upon the person that is manufactured by a manufacturer who
manufactures or causes to be manufactured, imports into the state for
sale, keeps for sale, or offers or exposes for sale any pistol,
revolver, or other firearm capable of being concealed upon the person
in this state, and who fails to pay any fee required pursuant to
paragraph (1), may be excluded from the roster.
(3) If a purchaser has initiated a transfer of a handgun that is
listed on the roster as not unsafe, and prior to the completion of
the transfer, the handgun is removed from the roster of not unsafe
handguns because of failure to pay the fee required to keep that
handgun listed on the roster, the handgun shall be deliverable to the
purchaser if the purchaser is not otherwise prohibited from
purchasing or possessing the handgun. However, if a purchaser has
initiated a transfer of a handgun that is listed on the roster as not
unsafe, and prior to the completion of the transfer, the handgun is
removed from the roster pursuant to subdivision (f), the handgun
shall not be deliverable to the purchaser.
(c) The Attorney General may annually retest up to 5 percent of
the handgun models that are listed on the roster described in
subdivision (a).
(d) The retesting of a handgun model pursuant to subdivision (c)
shall conform to the following:
(1) The Attorney General shall obtain from retail or wholesale
sources, or both, three samples of the handgun model to be retested.

(2) The Attorney General shall select the certified laboratory to
be used for the retesting.
(3) The ammunition used for the retesting shall be of a type
recommended by the manufacturer in the user manual for the handgun.
If the user manual for the handgun model makes no ammunition
recommendation, the Attorney General shall select the ammunition to
be used for the retesting. The ammunition shall be of the proper
caliber for the handgun, commercially available, and in new
condition.
(e) The retest shall be conducted in the same manner as the
testing prescribed in Sections 12127 and 12128.
(f) If the handgun model fails retesting, the Attorney General
shall remove the handgun model from the roster maintained pursuant to
subdivision (a).
(g) A handgun model removed from the roster pursuant to
subdivision (f) may be reinstated on the roster if all of the
following are met:
(1) The manufacturer petitions the Attorney General for
reinstatement of the handgun model.
(2) The manufacturer pays the Department of Justice for all of the
costs related to the reinstatement testing of the handgun model,
including the purchase price of the handguns, prior to reinstatement
testing.
(3) The reinstatement testing of the handguns shall be in
accordance with subdivisions (d) and (e).
(4) The three handgun samples shall be tested only once for
reinstatement. If the sample fails it may not be retested.
(5) If the handgun model successfully passes testing for
reinstatement, and if the manufacturer of the handgun is otherwise in
compliance with this chapter, the Attorney General shall reinstate
the handgun model on the roster maintained pursuant to subdivision
(a).
(6) The manufacturer shall provide the Attorney General with the
complete testing history for the handgun model.
(7) Notwithstanding subdivision (c), the Attorney General may, at
any time, further retest any handgun model that has been reinstated
to the roster.



12131.5. (a) A firearm shall be deemed to satisfy the requirements
of subdivision (a) of Section 12131 if another firearm made by the
same manufacturer is already listed and the unlisted firearm differs
from the listed firearm only in one or more of the following
features:
(1) Finish, including, but not limited to, bluing, chrome-plating,
oiling, or engraving.
(2) The material from which the grips are made.
(3) The shape or texture of the grips, so long as the difference
in grip shape or texture does not in any way alter the dimensions,
material, linkage, or functioning of the magazine well, the barrel,
the chamber, or any of the components of the firing mechanism of the
firearm.
(4) Any other purely cosmetic feature that does not in any way
alter the dimensions, material, linkage, or functioning of the
magazine well, the barrel, the chamber, or any of the components of
the firing mechanism of the firearm.
(b) Any manufacturer seeking to have a firearm listed under this
section shall provide to the Department of Justice all of the
following:
(1) The model designation of the listed firearm.
(2) The model designation of each firearm that the manufacturer
seeks to have listed under this section.
(3) A statement, under oath, that each unlisted firearm for which
listing is sought differs from the listed firearm only in one or more
of the ways identified in subdivision (a) and is in all other
respects identical to the listed firearm.
(c) The department may, in its discretion and at any time, require
a manufacturer to provide to the department any model for which
listing is sought under this section, to determine whether the model
complies with the requirements of this section.



12132. This chapter shall not apply to any of the following:
(a) The sale, loan, or transfer of any firearm pursuant to Section
12082 in order to comply with subdivision (d) of Section 12072.
(b) The sale, loan, or transfer of any firearm that is exempt from
the provisions of subdivision (d) of Section 12072 pursuant to any
applicable exemption contained in Section 12078, if the sale, loan,
or transfer complies with the requirements of that applicable
exemption to subdivision (d) of Section 12072.
(c) The sale, loan, or transfer of any firearm as described in
paragraph (3) of subdivision (b) of Section 12125.
(d) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person to a person licensed pursuant to
Section 12071 for the purposes of the service or repair of that
firearm.
(e) The return of a pistol, revolver, or other firearm capable of
being concealed upon the person by a person licensed pursuant to
Section 12071 to its owner where that firearm was initially delivered
in the circumstances set forth in subdivisions (a), (d), (f) or (j).

(f) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person to a person licensed pursuant to
Section 12071 for the purpose of a consignment sale or as collateral
for a pawnbroker loan.
(g) The sale, loan, or transfer of any pistol, revolver, or other
firearm capable of being concealed upon the person listed as a curio
or relic, as defined in Section 178.11 of the Code of Federal
Regulations.
(h) (1) The Legislature finds a significant public purpose in
exempting pistols that are designed expressly for use in Olympic
target shooting events. Therefore, those pistols that are sanctioned
by the International Olympic Committee and by USA Shooting, the
national governing body for international shooting competition in the
United States, and that are used for Olympic target shooting
purposes at the time that the act adding this subdivision is enacted,
and that fall within the definition of "unsafe handgun" pursuant to
paragraph (3) of subdivision (b) of Section 12126 shall be exempt, as
provided in paragraphs (2) and (3).
(2) This chapter shall not apply to any of the following pistols,
because they are consistent with the significant public purpose
expressed in paragraph (1):


MANUFACTURER MODEL CALIBER
ANSCHUTZ FP .22LR
BENELLI MP90 .22LR
BENELLI MP90 .32 S&W LONG
BENELLI MP95 .22LR
BENELLI MP95 .32 S&W LONG
DRULOV FP .22LR
GREEN ELECTROARM .22LR
HAMMERLI 100 .22LR
HAMMERLI 101 .22LR
HAMMERLI 102 .22LR
HAMMERLI 162 .22LR
HAMMERLI 280 .22LR
HAMMERLI 280 .32 S&W LONG
HAMMERLI FP10 .22LR
HAMMERLI MP33 .22LR
HAMMERLI SP20 .22LR
HAMMERLI SP20 .32 S&W LONG
MORINI CM102E .22LR
MORINI 22M .22LR
MORINI 32M .32 S&W LONG
MORINI CM80 .22LR
PARDINI GP .22 SHORT
PARDINI GPO .22 SHORT
PARDINI GP-SCHUMANN .22 SHORT
PARDINI HP .32 S&W LONG
PARDINI K22 .22LR
PARDINI MP .32 S&W LONG
PARDINI PGP75 .22LR
PARDINI SP .22LR
PARDINI SPE .22LR
SAKO FINMASTER .22LR
STEYR FP .22LR
VOSTOK IZH NO. 1 .22LR
VOSTOK MU55 .22LR
VOSTOK TOZ35 .22LR
WALTHER FP .22LR
WALTHER GSP .22LR
WALTHER GSP .32
S&W LONG
WALTHER OSP .22 SHORT
WALTHER OSP-2000 .22 SHORT

(3) The department shall create a program that is consistent with
the purpose stated in paragraph (1) to exempt new models of
competitive firearms from this chapter. The exempt competitive
firearms may be based on recommendations by USA Shooting consistent
with the regulations contained in the USA Shooting Official Rules or
may be based on the recommendation or rules of any other organization
that the department deems relevant.
(i) The sale, loan, or transfer of any semiautomatic pistol that
is to be used solely as a prop during the course of a motion picture,
television, or video production by an authorized participant therein
in the course of making that production or event or by an authorized
employee or agent of the entity producing that production or event.

(j) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person to a person licensed pursuant to
Section 12071 where the firearm is being loaned by the licensee to a
consultant-evaluator.
(k) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person by a person licensed pursuant to
Section 12071 where the firearm is being loaned by the licensee to a
consultant-evaluator.
(l) The return of a pistol, revolver, or other firearm capable of
being concealed upon the person to a person licensed pursuant to
Section 12071 where it was initially delivered pursuant to
subdivision (k).



12133. (a) The provisions of this chapter shall not apply to a
single-action revolver that has at least a 5-cartridge capacity with
a barrel length of not less than three inches, and meets any of the
following specifications:
(1) Was originally manufactured prior to 1900 and is a curio or
relic, as defined in Section 478.11 of Title 27 of the Code of
Federal Regulations.
(2) Has an overall length measured parallel to the barrel of at
least 71/2 inches when the handle, frame or receiver, and barrel are
assembled.
(3) Has an overall length measured parallel to the barrel of at
least 71/2 inches when the handle, frame or receiver, and barrel are
assembled and that is currently approved for importation into the
United States pursuant to the provisions of paragraph (3) of
subsection (d) of Section 925 of Title 18 of the United States Code.

(b) The provisions of this chapter shall not apply to a
single-shot pistol with a barrel length of not less than six inches
and that has an overall length of at least 101/2 inches when the
handle, frame or receiver, and barrel are assembled.

[هيثم الفقى]

MACHINE GUNS
General Provisions


12200. The term "machinegun" as used in this chapter means any
weapon which shoots, is designed to shoot, or can readily be restored
to shoot, automatically more than one shot, without manual
reloading, by a single function of the trigger. The term shall also
include the frame or receiver of any such weapon, any part designed
and intended solely and exclusively, or combination of parts designed
and intended, for use in converting a weapon into a machinegun, and
any combination of parts from which a machinegun can be assembled if
such parts are in the possession or under the control of a person.
The term also includes any weapon deemed by the federal Bureau of
Alcohol, Tobacco, and Firearms as readily convertible to a machinegun
under Chapter 53 (commencing with Section 5801) of Title 26 of the
United States Code.



12201. Nothing in this chapter shall affect or apply to any of the
following:
(a) The sale to, purchase by, or possession of machineguns by
police departments, sheriffs' offices, marshals' offices, district
attorneys' offices, the California Highway Patrol, the Department of
Justice, the Department of Corrections for use by the department's
Special Emergency Response Teams and Law Enforcement
Liaison/Investigations Unit, or the military or naval forces of this
state or of the United States for use in the discharge of their
official duties, provided, however, that any sale to these entities
be transacted by a person who is permitted pursuant to Section 12230
and licensed pursuant to Section 12250.
(b) The possession of machineguns by regular, salaried, full-time
peace officer members of a police department, sheriff's office,
marshal's office, district attorney's office, the California Highway
Patrol, the Department of Justice, or the Department of Corrections
for use by the department's Special Emergency Response Teams and Law
Enforcement Liaison/Investigations Unit when on duty and if the use
is within the scope of their duties.

[هيثم الفقى]

Unlawful Possession of Machine Guns
12220. (a) Any person, firm, or corporation, who within this state
possesses or knowingly transports a machinegun, except as authorized
by this chapter, is guilty of a public offense and upon conviction
thereof shall be punished by imprisonment in the state prison, or by
a fine not to exceed ten thousand dollars ($10,000), or by both such
fine and imprisonment.
(b) Any person, firm, or corporation who within this state
intentionally converts a firearm into a machinegun, or who sells, or
offers for sale, or knowingly manufactures a machinegun, except as
authorized by this chapter, is punishable by imprisonment in the
state prison for four, six, or eight years.

[هيثم الفقى]

Permits


12230. The Department of Justice may issue permits for the
possession, manufacture, and transportation or possession,
manufacture, or transportation of machineguns, upon a satisfactory
showing that good cause exists for the issuance thereof to the
applicant for the permit, but no permit shall be issued to a person
who is under 18 years of age.



12231. Applications for permits shall be filed in writing, signed
by the applicant if an individual, or by a member or officer
qualified to sign if the applicant is a firm or corporation, and
shall state the name, business in which engaged, business address and
a full description of the use to which the firearms are to be put.
Applications and permits shall be uniform throughout the state on
forms prescribed by the Department of Justice.
Each applicant for a permit shall pay at the time of filing his or
her application a fee determined by the Department of Justice not to
exceed the application processing costs of the Department of
Justice. A permit granted pursuant to this article may be renewed
one year from the date of issuance, and annually thereafter, upon the
filing of a renewal application and the payment of a permit renewal
fee not to exceed the application processing costs of the Department
of Justice. After the department establishes fees sufficient to
reimburse the department for processing costs, fees charged shall
increase at a rate not to exceed the legislatively approved annual
cost-of-living adjustments for the department's budget.



12232. Every person, firm or corporation to whom a permit is issued
shall keep it on his person or at the place where the firearms are
kept. The permit shall be open to inspection by any peace officer or
any other person designated by the authority issuing the permit.



12233. Permits issued in accordance with this chapter may be
revoked by the issuing authority at any time when it appears that the
need for the firearms has ceased or that the holder of the permit
has used the firearms for purposes other than those allowed by the
permit or that the holder of the permit has not exercised great care
in retaining custody of any weapons possessed under the permit.



12234. (a) Except as provided in subdivision (b), the Department of
Justice shall, for every person, firm, or corporation to whom a
permit is issued pursuant to this article, annually conduct an
inspection for security and safe storage purposes, and to reconcile
the inventory of machine guns.
(b) A person, firm, or corporation with an inventory of fewer than
five devices that require any Department of Justice permit shall be
subject to an inspection for security and safe storage purposes, and
to reconcile inventory, once every five years, or more frequently if
determined by the department.

[هيثم الفقى]

Licenses to Sell Machine Guns


12250. (a) The Department of Justice may grant licenses in a form
to be prescribed by it effective for not more than one year from the
date of issuance, to permit the sale at the place specified in the
license of machineguns subject to all of the following conditions,
upon breach of any of which the license shall be revoked:
1. The business shall be carried on only in the place designated
in the license.
2. The license or a certified copy thereof must be displayed on
the premises in a place where it may easily be read.
3. No machinegun shall be delivered to any person not authorized
to receive the same under the provisions of this chapter.
4. A complete record must be kept of sales made under the
authority of the license, showing the name and address of the
purchaser, the descriptions and serial numbers of the weapons
purchased, the number and date of issue of the purchaser's permit, if
any, and the signature of the purchaser or purchasing agent. This
record shall be open to the inspection of any peace officer or other
person designated by the Attorney General.
(b) Applications for licenses shall be filed in writing, signed by
the applicant if an individual or by a member or officer qualified
to sign if the applicant is a firm or corporation, and shall state
the name, business in which engaged, business address and a full
description of the use to which the firearms are to be put.
Applications and licenses shall be uniform throughout the state on
forms prescribed by the Department of Justice.
Each applicant for a license shall pay at the time of filing his
or her application a fee determined by the Department of Justice not
to exceed the application processing costs of the Department of
Justice. A license granted pursuant to this article may be renewed
one year from the date of issuance, and annually thereafter, upon the
filing of a renewal application and the payment of a license renewal
fee not to exceed the application processing costs of the Department
of Justice. After the department establishes fees sufficient to
reimburse the department for processing costs, fees charged shall
increase at a rate not to exceed the legislatively approved annual
cost-of-living adjustments for the department's budget.



12251. It shall be a public nuisance to possess any machinegun in
violation of this chapter, and the Attorney General, any district
attorney or any city attorney may bring an action before the superior
court to enjoin the possession of any such machinegun.
Any such machinegun found to be in violation of this chapter shall
be surrendered to the Department of Justice, and the department
shall destroy such machinegun so as to render it unusable and
unrepairable as a machinegun, except upon the filing of a certificate
with the department by a judge or district attorney stating that the
preservation of such machinegun is necessary to serve the ends of
justice.

[هيثم الفقى]

ROBERTI-ROOS ASSAULT WEAPONS CONTROL ACT OF 1989
General Provisions
12275. This chapter shall be known as the Roberti-Roos Assault
Weapons Control Act of 1989 and the .50 Caliber BMG Regulation Act of
2004.


12275.5. (a) The Legislature hereby finds and declares that the
proliferation and use of assault weapons poses a threat to the
health, safety, and security of all citizens of this state. The
Legislature has restricted the assault weapons specified in Section
12276 based upon finding that each firearm has such a high rate of
fire and capacity for firepower that its function as a legitimate
sports or recreational firearm is substantially outweighed by the
danger that it can be used to kill and injure human beings. It is
the intent of the Legislature in enacting this chapter to place
restrictions on the use of assault weapons and to establish a
registration and permit procedure for their lawful sale and
possession. It is not, however, the intent of the Legislature by
this chapter to place restrictions on the use of those weapons which
are primarily designed and intended for hunting, target practice, or
other legitimate sports or recreational activities.
(b) The Legislature hereby finds and declares that the
proliferation and use of .50 BMG rifles, as defined in Section 12278,
poses a clear and present terrorist threat to the health, safety,
and security of all residents of, and visitors to, this state, based
upon findings that those firearms have such a high capacity for long
distance and highly destructive firepower that they pose an
unacceptable risk to the death and serious injury of human beings,
destruction or serious damage of vital public and private buildings,
civilian, police and military vehicles, power generation and
transmission facilities, petrochemical production and storage
facilities, and transportation infrastructure. It is the intent of
the Legislature in enacting this chapter to place restrictions on the
use of these rifles and to establish a registration and permit
procedure for their lawful sale and possession.



12276. As used in this chapter, "assault weapon" shall mean the
following designated semiautomatic firearms:
(a) All of the following specified rifles:
(1) All AK series including, but not limited to, the models
identified as follows:
(A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and
86S.
(B) Norinco 56, 56S, 84S, and 86S.
(C) Poly Technologies AKS and AK47.
(D) MAADI AK47 and ARM.
(2) UZI and Galil.
(3) Beretta AR-70.
(4) CETME Sporter.
(5) Colt AR-15 series.
(6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.
(7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.
(8) MAS 223.
(9) HK-91, HK-93, HK-94, and HK-PSG-1.
(10) The following MAC types:
(A) RPB Industries Inc. sM10 and sM11.
(B) SWD Incorporated M11.
(11) SKS with detachable magazine.
(12) SIG AMT, PE-57, SG 550, and SG 551.
(13) Springfield Armory BM59 and SAR-48.
(14) Sterling MK-6.
(15) Steyer AUG.
(16) Valmet M62S, M71S, and M78S.
(17) Armalite AR-180.
(18) Bushmaster Assault Rifle.
(19) Calico M-900.
(20) J&R ENG M-68.
(21) Weaver Arms Nighthawk.
(b) All of the following specified pistols:
(1) UZI.
(2) Encom MP-9 and MP-45.
(3) The following MAC types:
(A) RPB Industries Inc. sM10 and sM11.
(B) SWD Incorporated M-11.
(C) Advance Armament Inc. M-11.
(D) Military Armament Corp. Ingram M-11.
(4) Intratec TEC-9.
(5) Sites Spectre.
(6) Sterling MK-7.
(7) Calico M-950.
(8) Bushmaster Pistol.
(c) All of the following specified shotguns:
(1) Franchi SPAS 12 and LAW 12.
(2) Striker 12.
(3) The Streetsweeper type S/S Inc. SS/12.
(d) Any firearm declared by the court pursuant to Section 12276.5
to be an assault weapon that is specified as an assault weapon in a
list promulgated pursuant to Section 12276.5.
(e) The term "series" includes all other models that are only
variations, with minor differences, of those models listed in
subdivision (a), regardless of the manufacturer.
(f) This section is declaratory of existing law, as amended, and a
clarification of the law and the Legislature's intent which bans the
weapons enumerated in this section, the weapons included in the list
promulgated by the Attorney General pursuant to Section 12276.5, and
any other models which are only variations of those weapons with
minor differences, regardless of the manufacturer. The Legislature
has defined assault weapons as the types, series, and models listed
in this section because it was the most effective way to identify and
restrict a specific class of semiautomatic weapons.




12276.1. (a) Notwithstanding Section 12276, "assault weapon" shall
also mean any of the following:
(1) A semiautomatic, centerfire rifle that has the capacity to
accept a detachable magazine and any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action
of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine
with the capacity to accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall length
of less than 30 inches.
(4) A semiautomatic pistol that has the capacity to accept a
detachable magazine and any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor,
forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely
encircles, the barrel that allows the bearer to fire the weapon
without burning his or her hand, except a slide that encloses the
barrel.
(D) The capacity to accept a detachable magazine at some location
outside of the pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the
capacity to accept more than 10 rounds.
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action
of the weapon, thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a
detachable magazine.
(8) Any shotgun with a revolving cylinder.
(b) The Legislature finds a significant public purpose in
exempting pistols that are designed expressly for use in Olympic
target shooting events. Therefore, those pistols that are sanctioned
by the International Olympic Committee and by USA Shooting, the
national governing body for international shooting competition in the
United States, and that are used for Olympic target shooting
purposes at the time the act adding this subdivision is enacted, and
that would otherwise fall within the definition of "assault weapon"
pursuant to this section are exempt, as provided in subdivision (c).

(c) "Assault weapon" does not include either of the following:
(1) Any antique firearm.
(2) Any of the following pistols, because they are consistent with
the significant public purpose expressed in subdivision (b):


MANUFACTURER MODEL CALIBER
BENELLI MP90 .22LR
BENELLI MP90 .32 S&W LONG
BENELLI MP95 .22LR
BENELLI MP95 .32 S&W LONG
HAMMERLI 280 .22LR
HAMMERLI 280 .32 S&W LONG
HAMMERLI SP20 .22LR
HAMMERLI SP20 .32 S&W LONG
PARDINI GPO .22 SHORT
PARDINI GP-SCHUMANN .22 SHORT
PARDINI HP .32 S&W LONG
PARDINI MP .32 S&W LONG
PARDINI SP .22LR
PARDINI SPE .22LR
WALTHER GSP .22LR
WALTHER GSP .32 S&W LONG
WALTHER OSP .22 SHORT
WALTHER OSP-2000 .22 SHORT

(3) The Department of Justice shall create a program that is
consistent with the purposes stated in subdivision (b) to exempt new
models of competitive pistols that would otherwise fall within the
definition of "assault weapon" pursuant to this section from being
classified as an assault weapon. The exempt competitive pistols may
be based on recommendations by USA Shooting consistent with the
regulations contained in the USA Shooting Official Rules or may be
based on the recommendation or rules of any other organization that
the department deems relevant.
(d) The following definitions shall apply under this section:
(1) "Magazine" shall mean any ammunition feeding device.
(2) "Capacity to accept more than 10 rounds" shall mean capable of
accommodating more than 10 rounds, but shall not be construed to
include a feeding device that has been permanently altered so that it
cannot accommodate more than 10 rounds.
(3) "Antique firearm" means any firearm manufactured prior to
January 1, 1899.
(e) This section shall become operative January 1, 2000.




12276.5. (a) The Attorney General shall prepare a description for
identification purposes, including a picture or diagram, of each
assault weapon listed in Section 12276, and any firearm declared to
be an assault weapon pursuant to this section, and shall distribute
the description to all law enforcement agencies responsible for
enforcement of this chapter. Those law enforcement agencies shall
make the description available to all agency personnel.
(b) (1) Until January 1, 2007, the Attorney General shall
promulgate a list that specifies all firearms designated as assault
weapons in Section 12276 or declared to be assault weapons pursuant
to this section. The Attorney General shall file that list with the
Secretary of State for publication in the California Code of
Regulations. Any declaration that a specified firearm is an assault
weapon shall be implemented by the Attorney General who, within 90
days, shall promulgate an amended list which shall include the
specified firearm declared to be an assault weapon. The Attorney
General shall file the amended list with the Secretary of State for
publication in the California Code of Regulations. Any firearm
declared to be an assault weapon prior to January 1, 2007, shall
remain on the list filed with the Secretary of State.
(2) Chapter 3.5 (commencing with Section 11340) of Division 3 of
Title 2 of the Government Code, pertaining to the adoption of rules
and regulations, shall not apply to any list of assault weapons
promulgated pursuant to this section.
(c) The Attorney General shall adopt those rules and regulations
that may be necessary or proper to carry out the purposes and intent
of this chapter.



12277. As used in this chapter, "person" means an individual,
partnership, corporation, limited liability company, association, or
any other group or entity, regardless of how it was created.



12278. (a) As used in this chapter, a ".50 BMG rifle" means a
center fire rifle that can fire a .50 BMG cartridge and is not
already an assault weapon pursuant to Section 12276, 12276.1, or
12276.5, or a machinegun, as defined in Section 12200.
(b) As used in this chapter, a ".50 BMG cartridge" means a
cartridge that is designed and intended to be fired from a center
fire rifle and that meets all of the following criteria:
(1) It has an overall length of 5.54 inches from the base to the
tip of the bullet.
(2) The bullet diameter for the cartridge is from .510 to, and
including, .511 inch.
(3) The case base diameter for the cartridge is from .800 inch to,
and including, .804 inch.
(4) The cartridge case length is 3.91 inches.
(c) A ".50 BMG rifle" does not include any "antique firearm," nor
any curio or relic as defined in Section 178.11 of Title 27 of the
Code of Federal Regulations.
(d) As used in this section, "antique firearm" means any firearm
manufactured prior to January 1, 1899.

[هيثم الفقى]

Unlawful Activities
12280. (a) (1) Any person who, within this state, manufactures or
causes to be manufactured, distributes, transports, or imports into
the state, keeps for sale, or offers or exposes for sale, or who
gives or lends any assault weapon or any .50 BMG rifle, except as
provided by this chapter, is guilty of a felony, and upon conviction
shall be punished by imprisonment in the state prison for four, six,
or eight years.
(2) In addition and consecutive to the punishment imposed under
paragraph (1), any person who transfers, lends, sells, or gives any
assault weapon or any .50 BMG rifle to a minor in violation of
paragraph (1) shall receive an enhancement of one year.
(3) Except in the case of a first violation involving not more
than two firearms as provided in subdivisions (b) and (c), for
purposes of this section, if more than one assault weapon or .50 BMG
rifle is involved in any violation of this section, there shall be a
distinct and separate offense for each.
(b) Any person who, within this state, possesses any assault
weapon, except as provided in this chapter, shall be punished by
imprisonment in a county jail for a period not exceeding one year, or
by imprisonment in the state prison. However, a first violation of
these provisions is punishable by a fine not exceeding five hundred
dollars ($500) if the person was found in possession of no more than
two firearms in compliance with subdivision (c) of Section 12285 and
the person meets all of the following conditions:
(1) The person proves that he or she lawfully possessed the
assault weapon prior to the date it was defined as an assault weapon
pursuant to Section 12276, 12276.1, or 12276.5.
(2) The person has not previously been convicted of a violation of
this section.
(3) The person was found to be in possession of the assault weapon
within one year following the end of the one-year registration
period established pursuant to subdivision (a) of Section 12285.
(4) The person relinquished the firearm pursuant to Section 12288,
in which case the assault weapon shall be destroyed pursuant to
Section 12028.
(c) Any person who, within this state, possesses any .50 BMG
rifle, except as provided in this chapter, shall be punished by a
fine of one thousand dollars ($1,000), imprisonment in a county jail
for a period not to exceed one year, or by both that fine and
imprisonment. However, a first violation of these provisions is
punishable by a fine not exceeding five hundred dollars ($500) if the
person was found in possession of no more than two firearms in
compliance with subdivision (a) of Section 12285 and the person meets
the conditions set forth in paragraphs (1), (2), and (3):
(1) The person proves that he or she lawfully possessed the .50
BMG rifle prior to January 1, 2005.
(2) The person has not previously been convicted of a violation of
this section.
(3) The person was found to be in possession of the .50 BMG rifle
within one year following the end of the .50 BMG rifle registration
period established pursuant to subdivision (a) of Section 12285.
(4) Firearms seized pursuant to this subdivision from persons who
meet all of the conditions set forth in paragraphs (1), (2), and (3)
shall be returned unless the court finds in the interest of public
safety, after notice and hearing, that the .50 BMG rifle should be
destroyed pursuant to Section 12028. Firearms seized from persons who
do not meet the conditions set forth in paragraphs (1), (2), and (3)
shall be destroyed pursuant to Section 12028.
(d) Notwithstanding Section 654 or any other provision of law, any
person who commits another crime while violating this section may
receive an additional, consecutive punishment of one year for
violating this section in addition and consecutive to the punishment,
including enhancements, which is prescribed for the other crime.
(e) Subdivisions (a), (b), and (c) shall not apply to the sale to,
purchase by, importation of, or possession of assault weapons or a .
50 BMG rifle by the Department of Justice, police departments,
sheriffs' offices, marshals' offices, the Department of Corrections
and Rehabilitation, the Department of the California Highway Patrol,
district attorneys' offices, Department of Fish and Game, Department
of Parks and Recreation, or the military or naval forces of this
state or of the United States, or any federal law enforcement agency
for use in the discharge of their official duties.
(f) (1) Subdivisions (b) and (c) shall not prohibit the possession
or use of assault weapons or a .50 BMG rifle by sworn peace officer
members of those agencies specified in subdivision (e) for law
enforcement purposes, whether on or off duty.
(2) Subdivisions (a), (b), and (c) shall not prohibit the
delivery, transfer, or sale of an assault weapon or a .50 BMG rifle
to, or the possession of an assault weapon or a .50 BMG rifle by, a
sworn peace officer member of an agency specified in subdivision (e)
if the peace officer is authorized by his or her employer to possess
or receive the assault weapon or the .50 BMG rifle. Required
authorization is defined as verifiable written certification from the
head of the agency, identifying the recipient or possessor of the
assault weapon as a peace officer and authorizing him or her to
receive or possess the specific assault weapon. For this exemption to
apply, in the case of a peace officer who possesses or receives the
assault weapon prior to January 1, 2002, the officer shall register
the assault weapon pursuant to Section 12285 on or before April 1,
2002, and in the case of a peace officer who possesses or receives
the assault weapon on or after January 1, 2002, the officer shall
register the assault weapon pursuant to Section 12285 not later than
90 days after possession or receipt. In the case of a peace officer
who possesses or receives a .50 BMG rifle on or before January 1,
2005, the officer shall register the .50 BMG rifle on or before April
30, 2006. In the case of a peace officer who possesses or receives a
.50 BMG rifle after January 1, 2005, the officer shall register the
.50 BMG rifle not later than one year after possession or receipt.
The peace officer must include with the registration, a copy of the
authorization required pursuant to this paragraph.
(3) Nothing in this section shall be construed to limit or
prohibit the delivery, transfer, or sale of an assault weapon or a .
50 BMG rifle to, or the possession of an assault weapon or a .50 BMG
rifle by, a member of a federal law enforcement agency provided that
person is authorized by the employing agency to possess the assault
weapon or .50 BMG rifle.
(g) Subdivision (b) shall not apply to the possession of an
assault weapon during the 90-day period immediately after the date it
was specified as an assault weapon pursuant to Section 12276.5, or
during the one-year period after the date it was defined as an
assault weapon pursuant to Section 12276.1, if all of the following
are applicable:
(1) The person is eligible under this chapter to register the
particular assault weapon.
(2) The person lawfully possessed the particular assault weapon
prior to the date it was specified as an assault weapon pursuant to
Section 12276.5, or prior to the date it was defined as an assault
weapon pursuant to Section 12276.1.
(3) The person is otherwise in compliance with this chapter.
(h) Subdivisions (a), (b), and (c) shall not apply to the
manufacture by persons who are issued permits pursuant to Section
12287 of assault weapons or .50 BMG rifles for sale to the following:

(1) Exempt entities listed in subdivision (e).
(2) Entities and persons who have been issued permits pursuant to
Section 12286 or 12287.
(3) Entities outside the state who have, in effect, a federal
firearms dealer's license solely for the purpose of distribution to
an entity listed in paragraphs (4) to (6), inclusive.
(4) Federal military and law enforcement agencies.
(5) Law enforcement and military agencies of other states.
(6) Foreign governments and agencies approved by the United States
State Department.
(i) Subdivision (a) shall not apply to a person who is the
executor or administrator of an estate that includes an assault
weapon or a .50 BMG rifle registered under Section 12285 or that was
possessed pursuant to paragraph (1) of subdivision (f) that is
disposed of as authorized by the probate court, if the disposition is
otherwise permitted by this chapter.
(j) Subdivisions (b) and (c) shall not apply to a person who is
the executor or administrator of an estate that includes an assault
weapon or a .50 BMG rifle registered under Section 12285 or that was
possessed pursuant to paragraph (1) of subdivision (f) if the assault
weapon or .50 BMG rifle is possessed at a place set forth in
paragraph (1) of subdivision (c) of Section 12285 or as authorized by
the probate court.
(k) Subdivision (a) shall not apply to either of the following:
(1) A person who lawfully possesses and has registered an assault
weapon or .50 BMG rifle pursuant to this chapter who lends that
assault weapon or .50 BMG rifle to another if all the following
apply:
(A) The person to whom the assault weapon or .50 BMG rifle is lent
is 18 years of age or over and is not in a class of persons
prohibited from possessing firearms by virtue of Section 12021 or
12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code.
(B) The person to whom the assault weapon or .50 BMG rifle is lent
remains in the presence of the registered possessor of the assault
weapon or .50 BMG rifle.
(C) The assault weapon or .50 BMG rifle is possessed at any of the
following locations:
(i) While on a target range that holds a regulatory or business
license for the purpose of practicing shooting at that target range.

(ii) While on the premises of a target range of a public or
private club or organization organized for the purpose of practicing
shooting at targets.
(iii) While attending any exhibition, display, or educational
project that is about firearms and that is sponsored by, conducted
under the auspices of, or approved by a law enforcement agency or a
nationally or state recognized entity that fosters proficiency in, or
promotes education about, firearms.
(2) The return of an assault weapon or .50 BMG rifle to the
registered possessor, or the lawful possessor, which is lent by the
same pursuant to paragraph (1).
(l) Subdivisions (b) and (c) shall not apply to the possession of
an assault weapon or .50 BMG rifle by a person to whom an assault
weapon or .50 BMG rifle is lent pursuant to subdivision (k).
(m) Subdivisions (a), (b), and (c) shall not apply to the
possession and importation of an assault weapon or a .50 BMG rifle
into this state by a nonresident if all of the following conditions
are met:
(1) The person is attending or going directly to or coming
directly from an organized competitive match or league competition
that involves the use of an assault weapon or a .50 BMG rifle.
(2) The competition or match is conducted on the premises of one
of the following:
(A) A target range that holds a regulatory or business license for
the purpose of practicing shooting at that target range.
(B) A target range of a public or private club or organization
that is organized for the purpose of practicing shooting at targets.

(3) The match or competition is sponsored by, conducted under the
auspices of, or approved by, a law enforcement agency or a nationally
or state recognized entity that fosters proficiency in, or promotes
education about, firearms.
(4) The assault weapon or .50 BMG rifle is transported in
accordance with Section 12026.1 or 12026.2.
(5) The person is 18 years of age or over and is not in a class of
persons prohibited from possessing firearms by virtue of Section
12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare
and Institutions Code.
(n) Subdivisions (b) and (c) shall not apply to any of the
following persons:
(1) A person acting in accordance with Section 12286 or 12287.
(2) A person who has a permit to possess an assault weapon or a .
50 BMG rifle issued pursuant to Section 12286 or 12287 when he or she
is acting in accordance with Section 12285, 12286, or 12287.
(o) Subdivisions (a), (b), and (c) shall not apply to any of the
following persons:
(1) A person acting in accordance with Section 12285.
(2) A person acting in accordance with Section 12286, 12287, or
12290.
(p) Subdivisions (b) and (c) shall not apply to the registered
owner of an assault weapon or a .50 BMG rifle possessing that firearm
in accordance with subdivision (c) of Section 12285.
(q) Subdivision (a) shall not apply to the importation into this
state of an assault weapon or a .50 BMG rifle by the registered owner
of that assault weapon or a .50 BMG rifle if it is in accordance
with the provisions of subdivision (c) of Section 12285.
(r) Subdivision (a) shall not apply during the first 180 days of
the 2005 calendar year to the importation into this state of a .50
BMG rifle by a person who lawfully possessed that .50 BMG rifle in
this state prior to January 1, 2005.
(s) Subdivision (c) shall not apply to the possession of a .50 BMG
rifle that is not defined or specified as an assault weapon pursuant
to this chapter, by any person prior to May 1, 2006, if all of the
following are applicable:
(1) The person is eligible under this chapter to register that .50
BMG rifle.
(2) The person lawfully possessed the .50 BMG rifle prior to
January 1, 2005.
(3) The person is otherwise in compliance with this chapter.
(t) Subdivisions (a), (b), and (c) shall not apply to the sale of
assault weapons or .50 BMG rifles by persons who are issued permits
pursuant to Section 12287 to any of the following:
(1) Exempt entities listed in subdivision (e).
(2) Entities and persons who have been issued permits pursuant to
Section 12286 or 12287.
(3) Federal military and law enforcement agencies.
(4) Law enforcement and military agencies of other states.
(5) Foreign governments and agencies approved by the United States
State Department.
(6) Officers described in subdivision (f) who are authorized to
possess assault weapons or .50 BMG rifles pursuant to subdivision
(f).
(u) As used in this chapter, the date a firearm is an assault
weapon is the earliest of the following:
(1) The effective date of an amendment to Section 12276 that adds
the designation of the specified firearm.
(2) The effective date of the list promulgated pursuant to Section
12276.5 that adds or changes the designation of the specified
firearm.
(3) The operative date of Section 12276.1, as specified in
subdivision (d) of that section.



12281. (a) Any person who, or firm, company, or corporation that,
operated a retail or other commercial firm, company, or corporation,
and manufactured, distributed, transported, imported, possessed,
possessed for sale, offered for sale, or transferred, for commercial
purpose, an SKS rifle in California between January 1, 1992, and
December 19, 1997, shall be immune from criminal prosecution under
Section 12280. The immunity provided in this subdivision shall apply
retroactively to any person who, or firm, company, or corporation
that, is or was charged by complaint or indictment with a violation
of Section 12280 for conduct related to an SKS rifle, whether or not
the case of that person, firm, company, or corporation is final.
(b) Any person who possessed, gave, loaned, or transferred an SKS
rifle in California between January 1, 1992, and December 19, 1997,
shall be immune from criminal prosecution under Section 12280. The
immunity provided in this subdivision shall apply retroactively to
any person who was charged by complaint or indictment with a
violation of Section 12280 for conduct related to an SKS rifle,
whether or not the case of that person is final.
(c) Any SKS rifle in the possession of any person who, or firm,
company, or corporation that, is described in subdivision (a) or (b),
shall not be subject to seizure by law enforcement for violation of
Section 12280 prior to January 1, 2000.
(d) Any person, firm, company, or corporation, convicted under
Section 12280 for conduct relating to an SKS rifle, shall be
permitted to withdraw his or her plea of guilty or nolo contendere,
or to reopen his or her case and assert the immunities provided in
this section, if the court determines that the allowance of the
immunity is in the interests of justice. The court shall interpret
this section liberally to the benefit of the defendant.
(e) The Department of Justice shall notify all district attorneys
on or before January 31, 1999, of the provisions of this section.
The department shall identify all criminal prosecutions in the state
for conduct related to SKS rifles within 90 days of the effective
date of this section. In all cases so identified by the Attorney
General, the district attorneys shall inform defense counsel, or the
defendant if the defendant is in propria persona, in writing, of the
provisions of this section within 120 days of the effective date of
this section.
(f) (1) Any person, firm, company, or corporation that is in
possession of an SKS rifle shall do one of the following on or before
January 1, 2000:
(A) Relinquish the SKS rifle to the Department of Justice pursuant
to subdivision (h).
(B) Relinquish the SKS rifle to a law enforcement agency pursuant
to Section 12288.
(C) Dispose of the SKS rifle as permitted by Section 12285.
(2) Any person who has obtained title to an SKS rifle by bequest
or intestate succession shall be required to comply with subparagraph
(A) or (B) of paragraph (1) of this subdivision unless he or she
otherwise complies with paragraph (1) of subdivision (b) of Section
12285.
(3) Any SKS rifle relinquished to the department pursuant to this
subdivision shall be in a manner prescribed by the department.
(4) The department shall conduct a public education and
notification program as described in Section 12289, commencing no
later than January 1, 1999.
(g) Any person who complies with subdivision (f) shall be exempt
from the prohibitions set forth in subdivision (a) or (b) of Section
12280 for those acts by that person associated with complying with
the requirements of subdivision (f).
(h) (1) The department shall purchase any SKS rifle relinquished
pursuant to subdivision (f) from funds appropriated for this purpose
by the act amending this section in the 1997-98 Regular Session of
the Legislature or by subsequent budget acts or other legislation.
The department shall adopt regulations for this purchase program that
include, but are not limited to, the manner of delivery, the
reimbursement to be paid, and the manner in which persons shall be
informed of the state purchase program.
(2) Any person who relinquished possession of an SKS rifle to a
law enforcement agency pursuant to Section 12288 prior to the
effective date of the purchase program set forth in paragraph (1)
shall be eligible to be reimbursed from the purchase program. The
procedures for reimbursement pursuant to this paragraph shall be part
of the regulations adopted by the department pursuant to paragraph
(1).
(i) Notwithstanding paragraph (11) of subdivision (a) of Section
12276, an "SKS rifle" under this section means all SKS rifles
commonly referred to as "SKS Sporter" versions, manufactured to
accept a detachable AK-47 magazine and imported into this state and
sold by a licensed gun dealer, or otherwise lawfully possessed in
this state by a resident of this state who is not a licensed gun
dealer, between January 1, 1992, and December 19, 1997.
(j) Failure to comply with subdivision (f) is a public offense
punishable by imprisonment in the state prison, or in a county jail,
not exceeding one year.
(k) In addition to the regulations required pursuant to
subdivision (h), emergency regulations for the purchase program
described in subdivision (h) shall be adopted pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code.



12282. (a) Except as provided in Section 12280, possession of any
assault weapon, as defined in Section 12276, 12276.1, or 12276.5, or
of any .50 BMG rifle, as defined in Section 12278, in violation of
this chapter is a public nuisance, solely for purposes of this
section and subdivision (d) of Section 12028. The Attorney General,
any district attorney, or any city attorney, may, in lieu of criminal
prosecution, bring a civil action or reach a civil compromise in any
superior court to enjoin the possession of the assault weapon or .50
BMG rifle that is a public nuisance.
(b) Upon motion of the Attorney General, district attorney, or
city attorney, a superior court may impose a civil fine not to exceed
three hundred dollars ($300) for the first assault weapon or .50 BMG
rifle deemed a public nuisance pursuant to subdivision (a) and up to
one hundred dollars ($100) for each additional assault weapon or .50
BMG rifle deemed a public nuisance pursuant to subdivision (a).
(c) Any assault weapon or .50 BMG rifle deemed a public nuisance
under subdivision (a) shall be destroyed in a manner so that it may
no longer be used, except upon a finding by a court, or a declaration
from the Department of Justice, district attorney, or city attorney
stating that the preservation of the assault weapon or .50 BMG rifle
is in the interest of justice.
(d) Upon conviction of any misdemeanor or felony involving the
illegal possession or use of an assault weapon, the assault weapon
shall be deemed a public nuisance and disposed of pursuant to
subdivision (d) of Section 12028.

[هيثم الفقى]

Registration and Permits

12285. (a) (1) Any person who lawfully possesses an assault weapon,
as defined in Section 12276, prior to June 1, 1989, shall register
the firearm by January 1, 1991, and any person who lawfully possessed
an assault weapon prior to the date it was specified as an assault
weapon pursuant to Section 12276.5 shall register the firearm within
90 days with the Department of Justice pursuant to those procedures
that the department may establish. Except as provided in subdivision
(a) of Section 12280, any person who lawfully possessed an assault
weapon prior to the date it was defined as an assault weapon pursuant
to Section 12276.1, and which was not specified as an assault weapon
under Section 12276 or 12276.5, shall register the firearm within
one year of the effective date of Section 12276.1, with the
department pursuant to those procedures that the department may
establish. The registration shall contain a description of the
firearm that identifies it uniquely, including all identification
marks, the full name, address, date of birth, and thumbprint of the
owner, and any other information that the department may deem
appropriate. The department may charge a fee for registration of up
to twenty dollars ($20) per person but not to exceed the actual
processing costs of the department. After the department establishes
fees sufficient to reimburse the department for processing costs,
fees charged shall increase at a rate not to exceed the legislatively
approved annual cost-of-living adjustment for the department's
budget or as otherwise increased through the Budget Act. The fees
shall be deposited into the Dealers' Record of Sale Special Account.

(2) Except as provided in subdivision (a) of Section 12280, any
person who lawfully possesses any .50 BMG rifle prior to January 1,
2005, that is not specified as an assault weapon under Section 12276
or 12276.5 or defined as an assault weapon pursuant to Section
12276.1, shall register the .50 BMG rifle with the department no
later than April 30, 2006, pursuant to those procedures that the
department may establish. The registration shall contain a
description of the firearm that identifies it uniquely, including all
identification marks, the full name, address, date of birth, and
thumbprint of the owner, and any other information that the
department may deem appropriate. The department may charge a fee for
registration of twenty-five dollars ($25) per person to cover the
actual processing and public education campaign costs of the
department. The fees shall be deposited into the Dealers' Record of
Sale Special Account. Data-processing costs associated with
modifying the department's data system to accommodate .50 caliber BMG
rifles shall not be paid from the Dealers Record of Sale Special
Account.
(b) (1) Except as provided in paragraph (2), no assault weapon
possessed pursuant to this section may be sold or transferred on or
after January 1, 1990, to anyone within this state other than to a
licensed gun dealer, as defined in subdivision (c) of Section 12290,
or as provided in Section 12288. Any person who (A) obtains title to
an assault weapon registered under this section or that was
possessed pursuant to paragraph (1) of subdivision (f) of Section
12280 by bequest or intestate succession, or (B) lawfully possessed a
firearm subsequently declared to be an assault weapon pursuant to
Section 12276.5, or subsequently defined as an assault weapon
pursuant to Section 12276.1, shall, within 90 days, render the weapon
permanently inoperable, sell the weapon to a licensed gun dealer,
obtain a permit from the Department of Justice in the same manner as
specified in Article 3 (commencing with Section 12230) of Chapter 2,
or remove the weapon from this state. A person who lawfully
possessed a firearm that was subsequently declared to be an assault
weapon pursuant to Section 12276.5 may alternatively register the
firearm within 90 days of the declaration issued pursuant to
subdivision (f) of Section 12276.5.
(2) A person moving into this state, otherwise in lawful
possession of an assault weapon, shall do one of the following:
(A) Prior to bringing the assault weapon into this state, that
person shall first obtain a permit from the Department of Justice in
the same manner as specified in Article 3 (commencing with Section
12230) of Chapter 2.
(B) The person shall cause the assault weapon to be delivered to a
licensed gun dealer, as defined in subdivision (c) of Section 12290,
in this state in accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto. If the person obtains a permit from the
Department of Justice in the same manner as specified in Article 3
(commencing with Section 12230) of Chapter 2, the dealer shall
redeliver that assault weapon to the person. If the licensed gun
dealer, as defined in subdivision (c) of Section 12290, is prohibited
from delivering the assault weapon to a person pursuant to this
paragraph, the dealer shall possess or dispose of the assault weapon
as allowed by this chapter.
(3) Except as provided in paragraph (4), no .50 BMG rifle
possessed pursuant to this section may be sold or transferred on or
after January 1, 2005, to anyone within this state other than to a
licensed gun dealer, as defined in subdivision (c) of Section 12290,
or as provided in Section 12288. Any person who obtains title to a .
50 BMG rifle registered under this section or that was possessed
pursuant to paragraph (1) of subdivision (f) of Section 12280 by
bequest or intestate succession shall, within 180 days of receipt,
render the weapon permanently inoperable, sell the weapon to a
licensed gun dealer, obtain a permit from the Department of Justice
in the same manner as specified in Article 3 (commencing with Section
12230) of Chapter 2, or remove the weapon from this state.
(4) A person moving into this state, otherwise in lawful
possession of a .50 BMG rifle, shall do one of the following:
(A) Prior to bringing the .50 BMG rifle into this state, that
person shall first obtain a permit from the Department of Justice in
the same manner as specified in Article 3 (commencing with Section
12230) of Chapter 2.
(B) The person shall cause the .50 BMG rifle to be delivered to a
licensed gun dealer, as defined in subdivision (c) of Section 12290
in this state in accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations issued
pursuant thereto. If the person obtains a permit from the
Department of Justice in the same manner as specified in Article 3
(commencing with Section 12230) of Chapter 2, the dealer shall
redeliver that .50 BMG rifle to the person. If the licensed gun
dealer, as defined in subdivision (c) of Section 12290 is prohibited
from delivering the .50 caliber BMG rifle to a person pursuant to
this paragraph, the dealer shall dispose of the .50 BMG rifle as
allowed by this chapter.
(c) A person who has registered an assault weapon or registered a
.50 BMG rifle under this section may possess it only under any of
the following conditions unless a permit allowing additional uses is
first obtained under Section 12286:
(1) At that person's residence, place of business, or other
property owned by that person, or on property owned by another with
the owner's express permission.
(2) While on the premises of a target range of a public or private
club or organization organized for the purpose of practicing
shooting at targets.
(3) While on a target range that holds a regulatory or business
license for the purpose of practicing shooting at that target range.

(4) While on the premises of a shooting club which is licensed
pursuant to the Fish and Game Code.
(5) While attending any exhibition, display, or educational
project which is about firearms and which is sponsored by, conducted
under the auspices of, or approved by a law enforcement agency or a
nationally or state recognized entity that fosters proficiency in, or
promotes education about, firearms.
(6) While on publicly owned land if the possession and use of a
firearm described in Section 12276, 12276.1, 12276.5, or 12278, is
specifically permitted by the managing agency of the land.
(7) While transporting the assault weapon or .50 BMG rifle between
any of the places mentioned in this subdivision, or to any licensed
gun dealer, as defined in subdivision (c) of Section 12290, for
servicing or repair pursuant to subdivision (b) of Section 12290, if
the assault weapon is transported as required by Section 12026.1.
(d) No person who is under the age of 18 years, no person who is
prohibited from possessing a firearm by Section 12021 or 12021.1, and
no person described in Section 8100 or 8103 of the Welfare and
Institutions Code may register or possess an assault weapon or .50
BMG rifle.
(e) The department's registration procedures shall provide the
option of joint registration for assault weapons or .50 BMG rifle
owned by family members residing in the same household.
(f) For 90 days following January 1, 1992, a forgiveness period
shall exist to allow persons specified in subdivision (b) of Section
12280 to register with the Department of Justice assault weapons that
they lawfully possessed prior to June 1, 1989.
(g) (1) Any person who registered a firearm as an assault weapon
pursuant to the provisions of law in effect prior to January 1, 2000,
where the assault weapon is thereafter defined as an assault weapon
pursuant to Section 12276.1, shall be deemed to have registered the
weapon for purposes of this chapter and shall not be required to
reregister the weapon pursuant to this section.
(2) Any person who legally registered a firearm as an assault
weapon pursuant to the provisions of law in effect prior to January
1, 2005, where the assault weapon is thereafter defined as a .50
caliber BMG rifle pursuant to Section 12278, shall be deemed to have
registered the weapon for purposes of this chapter and shall not be
required to reregister the weapon pursuant to this section.
(h) Any person who registers his or her assault weapon during the
90-day forgiveness period described in subdivision (f), and any
person whose registration form was received by the Department of
Justice after January 1, 1991, and who was issued a temporary
registration prior to the end of the forgiveness period, shall not be
charged with a violation of subdivision (b) of Section 12280, if law
enforcement becomes aware of that violation only as a result of the
registration of the assault weapon. This subdivision shall have no
effect upon persons charged with a violation of subdivision (b) of
Section 12280 of the Penal Code prior to January 1, 1992, provided
that law enforcement was aware of the violation before the weapon was
registered.


12286. Any person who lawfully acquired an assault weapon before
June 1, 1989, or a .50 BMG rifle before January 1, 2005, and wishes
to use it in a manner different than specified in subdivision (c) of
Section 12285, who lawfully acquired an assault weapon between June
1, 1989, and January 1, 1990, and wishes to keep it after January 1,
1990, or who wishes to acquire an assault weapon after January 1,
1990, or a .50 BMG rifle after January 1, 2005, shall first obtain a
permit from the Department of Justice in the same manner as specified
in Article 3 (commencing with Section 12230) of Chapter 2.



12287. (a) The Department of Justice may, upon a finding of good
cause, issue permits for the manufacture or sale of assault weapons
or .50 BMG rifles for the sale to, purchase by, or possession of
assault weapons or .50 BMG rifles by, any of the following:
(1) The agencies listed in subdivision (e), and the officers
described in subdivision (f) of Section 12280.
(2) Entities and persons who have been issued permits pursuant to
this section or Section 12286.
(3) Entities outside the state who have, in effect, a federal
firearms dealer's license solely for the purpose of distribution to
an entity listed in paragraphs (4) to (6), inclusive.
(4) Federal law enforcement and military agencies.
(5) Law enforcement and military agencies of other states.
(6) Foreign governments and agencies approved by the United States
State Department.
(b) Application for the permits, the keeping and inspection
thereof, and the revocation of permits shall be undertaken in the
same manner as specified in Article 3 (commencing with Section 12230)
of Chapter 2.


12288. Any individual may arrange in advance to relinquish an
assault weapon or a .50 BMG rifle to a police or sheriff's
department. The assault weapon or .50 BMG rifle shall be transported
in accordance with Section 12026.1.


12288.5. (a) No peace officer or dispatcher shall broadcast over a
police radio that an individual has registered, or has obtained a
permit to possess, an assault weapon or .50 BMG rifle pursuant to
this chapter, unless there exists a reason to believe in good faith
that one of the following conditions exist:
(1) The individual has engaged, or may be engaged, in criminal
conduct.
(2) The police are responding to a call in which the person
allegedly committing a criminal violation may gain access to the
assault weapon or .50 BMG rifle.
(3) The victim, witness, or person who reported the alleged
criminal violation may be using the assault weapon or .50 BMG rifle
to hold the person allegedly committing the criminal violation or may
be using the weapon in defense of himself, herself, or other
persons.
(b) This section shall not prohibit a peace officer or dispatcher
from broadcasting over a police radio that an individual has not
registered, or has not obtained a permit to possess, an assault
weapon or .50 BMG rifle pursuant to this chapter.
(c) This section does not limit the transmission of an assault
weapon or a .50 BMG rifle ownership status via law enforcement
computers or any other medium that is legally accessible only to
peace officers or other authorized personnel.



12289. (a) The Department of Justice shall conduct a public
education and notification program regarding the registration of
assault weapons and the definition of the weapons set forth in
Section 12276.1. The public education and notification program shall
include outreach to local law enforcement agencies and utilization
of public service announcements in a variety of media approaches, to
ensure maximum publicity of the limited forgiveness period of the
registration requirement specified in subdivision (f) of Section
12285 and the consequences of nonregistration. The department shall
develop posters describing gunowners' responsibilities under this
chapter which shall be posted in a conspicuous place in every
licensed gun store in the state during the forgiveness period. For .
50 BMG rifles, the department's education campaign shall provide
materials to dealers of .50 BMG rifles, and to recognized national
associations that specialize in .50 BMG rifles.
(b) Any costs incurred by the Department of Justice to implement
this section which cannot be absorbed by the department shall be
funded from the Dealers' Record of Sale Special Account, as set forth
in subdivision (d) of Section 12076, upon appropriation by the
Legislature.


12289.5. (a) Except as provided in subdivision (b), the Department
of Justice shall, for every person, firm, or corporation to whom a
permit is issued pursuant to this article, annually conduct an
inspection for security and safe storage purposes, and to reconcile
the inventory of assault weapons.
(b) A person, firm, or corporation with an inventory of fewer than
five devices that require any Department of Justice permit shall be
subject to an inspection for security and safe storage purposes, and
to reconcile inventory, once every five years, or more frequently if
determined by the department.

[هيثم الفقى]

Licensed Gun Dealers


12290. (a) Any licensed gun dealer, as defined in subdivision (c),
who lawfully possesses an assault weapon or .50 BMG rifle pursuant to
Section 12285, in addition to the uses allowed in Section 12285, may
transport the firearm between dealers or out of the state if that
person is permitted pursuant to the National Firearms Act, display it
at any gun show licensed by a state or local governmental entity,
sell it to a resident outside the state, or sell it to a person who
has been issued a permit pursuant to Section 12286. Any transporting
allowed by this section must be done as required by Section 12026.1.

(b) (1) Any licensed gun dealer, as defined in subdivision (c),
may take possession of any assault weapon or .50 BMG rifle for the
purposes of servicing or repair from any person to whom it is legally
registered or who has been issued a permit to possess it pursuant to
this chapter.
(2) Any licensed gun dealer, as defined in subdivision (c), may
transfer possession of any assault weapon or .50 BMG rifle received
pursuant to paragraph (1), to a gunsmith for purposes of
accomplishing service or repair of the same. Transfers are
permissible only to the following persons:
(A) A gunsmith who is in the dealer's employ.
(B) A gunsmith with whom the dealer has contracted for gunsmithing
services. In order for this subparagraph to apply, the gunsmith
receiving the assault weapon or .50 BMG rifle shall hold all of the
following:
(i) A dealer's license issued pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
(ii) Any business license required by a state or local
governmental entity.
(c) The term "licensed gun dealer," as used in this article, means
a person who is licensed pursuant to Section 12071 and who has a
permit to sell assault weapons or .50 BMG rifles pursuant to Section
12287.

[هيثم الفقى]

DESTRUCTIVE DEVICES

12301. (a) The term "destructive device," as used in this chapter,
shall include any of the following weapons:
(1) Any projectile containing any explosive or incendiary material
or any other chemical substance, including, but not limited to, that
which is commonly known as tracer or incendiary ammunition, except
tracer ammunition manufactured for use in shotguns.
(2) Any bomb, grenade, explosive missile, or similar device or any
launching device therefor.
(3) Any weapon of a caliber greater than 0.60 caliber which fires
fixed ammunition, or any ammunition therefor, other than a shotgun
(smooth or rifled bore) conforming to the definition of a
"destructive device" found in subsection (b) of Section 479.11 of
Title 27 of the Code of Federal Regulations, shotgun ammunition
(single projectile or shot), antique rifle, or an antique cannon.
For purposes of this section, the term "antique cannon" means any
cannon manufactured before January 1, 1899, which has been rendered
incapable of firing or for which ammunition is no longer manufactured
in the United States and is not readily available in the ordinary
channels of commercial trade. The term "antique rifle" means a
firearm conforming to the definition of an "antique firearm" in
Section 479.11 of Title 27 of the Code of Federal Regulations.
(4) Any rocket, rocket-propelled projectile, or similar device of
a diameter greater than 0.60 inch, or any launching device therefor,
and any rocket, rocket-propelled projectile, or similar device
containing any explosive or incendiary material or any other chemical
substance, other than the propellant for that device, except those
devices as are designed primarily for emergency or distress signaling
purposes.
(5) Any breakable container which contains a flammable liquid with
a flashpoint of 150 degrees Fahrenheit or less and has a wick or
similar device capable of being ignited, other than a device which is
commercially manufactured primarily for the purpose of illumination.

(6) Any sealed device containing dry ice (CO2) or other chemically
reactive substances assembled for the purpose of causing an
explosion by a chemical reaction.
(b) The term "explosive," as used in this chapter, shall mean any
explosive defined in Section 12000 of the Health and Safety Code.




12302. Nothing in this chapter shall prohibit the sale to, purchase
by, or possession, transportation, storage, or use of, destructive
devices or explosives by:
(a) Any peace officer listed in Section 830.1 or 830.2, or any
peace officer in the Department of Justice authorized by the Attorney
General, while on duty and acting within the scope and course of his
or her employment.
(b) Any member of the Army, Navy, Air Force, or Marine Corps of
the United States, or the National Guard, while on duty and acting
within the scope and course of his or her employment.
Nothing in this chapter prohibits the sale to, or the purchase,
possession, transportation, storage, or use by any person who is a
regularly employed and paid officer, employee, or member of a fire
department or fire protection or firefighting agency of the federal
government, the State of California, a city, county, city and county,
district, or other public or municipal corporation or political
subdivision of this state, while on duty and acting within the scope
and course of his or her employment, of any equipment used by that
department or agency in the course of fire suppression.



12303. Any person, firm, or corporation who, within this state,
possesses any destructive device, other than fixed ammunition of a
caliber greater than .60 caliber, except as provided by this chapter,
is guilty of a public offense and upon conviction thereof shall be
punished by imprisonment in the county jail for a term not to exceed
one year, or in state prison, or by a fine not to exceed ten thousand
dollars ($10,000) or by both such fine and imprisonment.



12303.1. Every person who willfully does any of the following is
guilty of a felony and is punishable by imprisonment in the state
prison for two, four, or six years:
(a) Carries any explosive or destructive device on any vessel,
aircraft, car, or other vehicle that transports passengers for hire.

(b) Places or carries any explosive or destructive device, while
on board any such vessel, aircraft, car or other vehicle, in any hand
baggage, roll, or other container.
(c) Places any explosive or destructive device in any baggage
which is later checked with any common carrier.



12303.2. Every person who recklessly or maliciously has in his
possession any destructive device or any explosive on a public street
or highway, in or near any theater, hall, school, college, church,
hotel, other public building, or private habitation, in, on, or near
any aircraft, railway passenger train, car, cable road or cable car,
vessel engaged in carrying passengers for hire, or other public place
ordinarily passed by human beings is guilty of a felony, and shall
be punishable by imprisonment in the state prison for a period of
two, four, or six years.



12303.3. Every person who possesses, explodes, ignites, or attempts
to explode or ignite any destructive device or any explosive with
intent to injure, intimidate, or terrify any person, or with intent
to wrongfully injure or destroy any property, is guilty of a felony,
and shall be punished by imprisonment in the state prison for a
period of three, five, or seven years.



12303.6. Any person, firm, or corporation who, within this state,
sells, offers for sale, or knowingly transports any destructive
device, other than fixed ammunition of a caliber greater than .60
caliber, except as provided by this chapter, is guilty of a felony
and is punishable by imprisonment in the state prison for two, three
or four years.



12304. Any person, firm or corporation who, within this state,
sells, offers for sale, possesses or knowingly transports any fixed
ammunition of a caliber greater than .60 caliber, except as provided
in this chapter, is guilty of a public offense and upon conviction
thereof shall be punished by imprisonment in the county jail for a
term not to exceed six months or by a fine not to exceed one thousand
dollars ($1,000), or by both such fine and imprisonment.
A second or subsequent conviction shall be punished by
imprisonment in the county jail for a term not to exceed one year, or
by imprisonment in the state prison, or by a fine not to exceed
three thousand dollars ($3,000), or by both such fine and
imprisonment.



12305. (a) Every dealer, manufacturer, importer, and exporter of
any destructive device, or any motion picture or television studio
using destructive devices in the conduct of its business, shall
obtain a permit for the conduct of that business from the Department
of Justice.
(b) Any person, firm, or corporation not mentioned in subdivision
(a) shall obtain a permit from the Department of Justice in order to
possess or transport any destructive device. No permit shall be
issued to any person who meets any of the following criteria:
(1) Has been convicted of any felony.
(2) Is addicted to the use of any narcotic drug.
(3) Is a person in a class prohibited by Section 8100 or 8103 of
the Welfare and Institutions Code or Section 12021 or 12021.1 of this
code.
(c) Applications for permits shall be filed in writing, signed by
the applicant if an individual, or by a member or officer qualified
to sign if the applicant is a firm or corporation, and shall state
the name, business in which engaged, business address and a full
description of the use to which the destructive devices are to be
put.
(d) Applications and permits shall be uniform throughout the state
on forms prescribed by the Department of Justice.
(e) Each applicant for a permit shall pay at the time of filing
his or her application a fee not to exceed the application processing
costs of the Department of Justice. A permit granted pursuant to
this article may be renewed one year from the date of issuance, and
annually thereafter, upon the filing of a renewal application and the
payment of a permit renewal fee not to exceed the application
processing costs of the Department of Justice. After the department
establishes fees sufficient in amount to cover processing costs, the
amount of the fees shall only increase at a rate not to exceed the
legislatively approved cost-of-living adjustment for the department.

(f) Except as provided in subdivision (g), the Department of
Justice shall, for every person, firm, or corporation to whom a
permit is issued pursuant to this article, annually conduct an
inspection for security and safe storage purposes, and to reconcile
the inventory of destructive devices.
(g) A person, firm, or corporation with an inventory of fewer than
five devices that require any Department of Justice permit shall be
subject to an inspection for security and safe storage purposes, and
to reconcile inventory, once every five years, or more frequently if
determined by the department.



12307. The possession of any destructive device in violation of
this chapter shall be deemed to be a public nuisance and the Attorney
General or district attorney of any city, county, or city and county
may bring an action before the superior court to enjoin the
possession of any destructive device.
Any destructive device found to be in violation of this chapter
shall be surrendered to the Department of Justice, or to the sheriff
or chief of police, if the sheriff or chief of police has elected to
perform the services required by this section. The department,
sheriff, or chief of police shall destroy the destructive device so
as to render it unusable and unrepairable as a destructive device,
except upon the filing of a certificate with the department by a
judge or district attorney stating that the preservation of the
destructive device is necessary to serve the ends of justice.




12308. Every person who explodes, ignites, or attempts to explode
or ignite any destructive device or any explosive with intent to
commit murder is guilty of a felony, and shall be punished by
imprisonment in the state prison for life with the possibility of
parole.



12309. Every person who willfully and maliciously explodes or
ignites any destructive device or any explosive which causes bodily
injury to any person is guilty of a felony, and shall be punished by
imprisonment in the state prison for a period of five, seven, or nine
years.



12310. (a) Every person who willfully and maliciously explodes or
ignites any destructive device or any explosive which causes the
death of any person is guilty of a felony, and shall be punished by
imprisonment in the state prison for life without the possibility of
parole.
(b) Every person who willfully and maliciously explodes or ignites
any destructive device or any explosive which causes mayhem or great
bodily injury to any person is guilty of a felony, and shall be
punished by imprisonment in the state prison for life.



12311. No person convicted of a violation of this chapter shall be
granted probation, and the execution of the sentence imposed upon
such person shall not be suspended by the court.



12312. Every person who possesses any substance, material, or any
combination of substances or materials, with the intent to make any
destructive device or any explosive without first obtaining a valid
permit to make such destructive device or explosive, is guilty of a
felony, and is punishable by imprisonment in the state prison for
two, three, or four years.



12316. (a) (1) Any person, corporation, or dealer who does either
of the following shall be punished by imprisonment in a county jail
for a term not to exceed six months, or by a fine not to exceed one
thousand dollars ($1,000), or by both the imprisonment and fine:
(A) Sells any ammunition or reloaded ammunition to a person under
18 years of age.
(B) Sells any ammunition or reloaded ammunition designed and
intended for use in a handgun to a person under 21 years of age. As
used in this subparagraph, "ammunition" means handgun ammunition as
defined in subdivision (a) of Section 12323. Where ammunition or
reloaded ammunition may be used in both a rifle and a handgun, it may
be sold to a person who is at least 18 years of age, but less than
21 years of age, if the vendor reasonably believes that the
ammunition is being acquired for use in a rifle and not a handgun.
(2) Proof that a person, corporation, or dealer, or his or her
agent or employee, demanded, was shown, and acted in reasonable
reliance upon, bona fide evidence of majority and identity shall be a
defense to any criminal prosecution under this subdivision. As used
in this subdivision, "bona fide evidence of majority and identity"
means a document issued by a federal, state, county, or municipal
government, or subdivision or agency thereof, including, but not
limited to, a motor vehicle operator's license, California state
identification card, identification card issued to a member of the
armed forces, or other form of identification that bears the name,
date of birth, description, and picture of the person.
(b) (1) No person prohibited from owning or possessing a firearm
under Section 12021 or 12021.1 of this code or Section 8100 or 8103
of the Welfare and Institutions Code shall own, possess, or have
under his or her custody or control, any ammunition or reloaded
ammunition.
(2) For purposes of this subdivision, "ammunition" shall include,
but not be limited to, any bullet, cartridge, magazine, clip, speed
loader, autoloader, or projectile capable of being fired from a
firearm with a deadly consequence.
(3) A violation of this subdivision is punishable by imprisonment
in a county jail not to exceed one year or in the state prison, by a
fine not to exceed one thousand dollars ($1,000), or by both the fine
and imprisonment.
(c) Unless it is with the written permission of the school
district superintendent, his or her designee, or equivalent school
authority, no person shall carry ammunition or reloaded ammunition
onto school grounds, except sworn law enforcement officers acting
within the scope of their duties or persons exempted under
subparagraph (A) of paragraph (1) of subdivision (a) of Section
12027. This subdivision shall 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 an arrest or preserving the peace while he or she is 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 his or her duties, a person holding a valid license to carry the
firearm pursuant to Article 3 (commencing with Section 12050) of
Chapter 1 of Title 2 of Part 4, or an armored vehicle guard, who is
engaged in the performance of his or her duties, as defined in
subdivision (e) of Section 7521 of the Business and Professions Code.
A violation of this subdivision is punishable by imprisonment in a
county jail for a term not to exceed six months, a fine not to exceed
one thousand dollars ($1,000), or both the imprisonment and fine.
(d) (1) A violation of paragraph (1) of subdivision (b) is
justifiable where all of the following conditions are met:
(A) The person found the ammunition or reloaded ammunition or took
the ammunition or reloaded ammunition from a person who was
committing a crime against him or her.
(B) The person possessed the ammunition or reloaded ammunition no
longer than was necessary to deliver or transport the ammunition or
reloaded ammunition to a law enforcement agency for that agency's
disposition according to law.
(C) The person is prohibited from possessing any ammunition or
reloaded ammunition solely because that person is prohibited from
owning or possessing a firearm only by virtue of Section 12021.
(2) Upon the trial for violating paragraph (1) of subdivision (b),
the trier of fact shall determine whether the defendant is subject
to the exemption created by this subdivision.
(3) The defendant has the burden of proving by a preponderance of
the evidence that he or she is subject to the exemption provided by
this subdivision.

[هيثم الفقى]

AMMUNITION
12320. Any person, firm, or corporation who, within this state
knowingly possesses any handgun ammunition designed primarily to
penetrate metal or armor is guilty of a public offense and upon
conviction thereof shall be punished by imprisonment in the state
prison, or in the county jail for a term not to exceed one year, or
by a fine not to exceed five thousand dollars ($5,000), or by both
such fine and imprisonment.



12321. Any person, firm, or corporation who, within this state,
manufactures, imports, sells, offers to sell, or knowingly transports
any handgun ammunition designed primarily to penetrate metal or
armor is guilty of a felony and upon conviction thereof shall be
punished by imprisonment in state prison, or by a fine not to exceed
five thousand dollars ($5,000), or by both such fine and
imprisonment.



12322. Nothing in this chapter shall apply to or affect either of
the following:
(a) The sale to, purchase by, possession of, or use of any
ammunition by any member of the Army, Navy, Air Force, or Marine
Corps of the United States, or the National Guard, while on duty and
acting within the scope and course of his or her employment, or any
police agency or forensic laboratory or any person who is the holder
of a valid permit issued pursuant to Section 12305.
(b) The possession of handgun ammunition designed primarily to
penetrate metal or armor by a person who found the ammunition, if he
or she is not prohibited from possessing firearms or ammunition
pursuant to Section 12021, 12021.1, or paragraph (1) of subdivision
(b) of Section 12316 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code and is transporting the ammunition to a
law enforcement agency for disposition according to law.



12323. As used in this chapter, the following definitions shall
apply:
(a) "Handgun ammunition" means ammunition principally for use in
pistols, revolvers, and other firearms capable of being concealed
upon the person, as defined in subdivision (a) of Section 12001,
notwithstanding that the ammunition may also be used in some rifles.

(b) "Handgun ammunition designed primarily to penetrate metal or
armor" means any ammunition, except a shotgun shell or ammunition
primarily designed for use in rifles, that is designed primarily to
penetrate a body vest or body shield, and has either of the following
characteristics:
(1) Has projectile or projectile core constructed entirely,
excluding the presence of traces of other substances, from one or a
combination of tungsten alloys, steel, iron, brass, beryllium copper,
or depleted uranium, or any equivalent material of similar density
or hardness.
(2) Is primarily manufactured or designed, by virtue of its shape,
cross-sectional density, or any coating applied thereto, including,
but not limited to, ammunition commonly known as "KTW ammunition," to
breach or penetrate a body vest or body shield when fired from a
pistol, revolver, or other firearm capable of being concealed upon
the person.
(c) "Body vest or shield" means any bullet-resistant material
intended to provide ballistic and trauma protection for the wearer or
holder.
(d) "Rifle" shall have the same meaning as defined in paragraph
(20) of subdivision (c) of Section 12020.



12324. Nothing in this chapter shall prohibit the possession,
importation, sale, attempted sale, or transport of ammunition from
which the propellant has been removed and the primer has been
permanently deactivated.


12325. Nothing in this chapter shall prohibit the manufacture of
ammunition under contracts approved by agencies of the state or
federal government.
BOOBYTRAPS
12355. (a) Except as provided in Chapter 2.5 (commencing with
Section 12301), any person who assembles, maintains, places, or
causes to be placed a boobytrap device as described in subdivision
(c) is guilty of a felony punishable by imprisonment in the state
prison for two, three, or five years.
(b) Possession of any device with the intent to use the device as
a boobytrap is punishable by imprisonment in state prison, or in a
county jail not exceeding one year, or by a fine not exceeding five
thousand dollars ($5,000), or by both that fine and imprisonment.
(c) For purposes of this section, "boobytrap" means any concealed
or camouflaged device designed to cause great bodily injury when
triggered by an action of any unsuspecting person coming across the
device. Boobytraps may include, but are not limited to, guns,
ammunition, or explosive devices attached to trip wires or other
triggering mechanisms, sharpened stakes, and lines or wire with hooks
attached.
BODY ARMOUR CERTIFICATION


12360. No body armor shall be acquired by the commissioner pursuant
to Section 2259.5 of the Vehicle Code unless, pursuant to
subdivision (a) of Section 12361, the Department of Justice has
certified such body armor.


12361. (a) Before a body armor may be purchased for use by state
peace officers the Department of Justice, after consultation with the
Department of the California Highway Patrol, shall establish minimum
ballistic performance standards, and shall determine that the armor
satisfies those standards.
(b) Only body armor that meets state requirements under
subdivision (a) for acquisition or purchase shall be eligible for
testing for certification under the ballistic performance standards
established by the Department of Justice; and only body armor that
is certified as acceptable by the department shall be purchased for
use by state peace officers.



12362. Any person engaged in the manufacture or sale of body armor
may apply to the Department of Justice for certification that a
particular type of body armor manufactured or sold by that person is
acceptable. The applicant shall reimburse the state for any actual
expenses incurred by the state in testing and certifying a particular
type of body armor.



12363. Any application submitted pursuant to Section 12362 shall
contain all of the following:
(a) Full written reports of any investigation conducted for the
purpose of determining whether such body armor is acceptable.
(b) A full written statement of the design of such body armor.
(c) A full written statement of the methods used in, and the
facilities and controls used for, the manufacture of such body armor.

(d) Such samples of body armor and its components as the
department may require.
(e) Specimens of the instructions and advertisements used or
proposed to be used for such body armor.



12364. The Department of Justice, in cooperation with the Office of
Procurement of the Department of General Services, shall establish a
schedule for ballistic testing for certification pursuant to
subdivision (b) of Section 12361.


12365. The department shall issue an order refusing to certify a
body armor as acceptable if, after due notice to the applicant, the
department finds any of the following:
(a) That the body armor does not satisfy the ballistic performance
standards established by the department pursuant to subdivision (b)
of Section 12361.
(b) That the application contains any misrepresentation of a
material fact.
(c) That the application is materially incomplete.
(d) That the applicant has failed to reimburse the state as
required by Section 12362.



12366. The department shall issue an order revoking certification
if, after due notice to the applicant, the department finds any of
the following:
(a) That the experience or additional testing show that the body
armor does not comply with the department's ballistic performance
standards.
(b) That the application contains any misrepresentation of a
material fact.
(c) The body armor must be retested for certification under new
department standards.


12367. The department shall adopt and promulgate regulations for
the fair and efficient enforcement of this chapter.



12368. (a) All purchases of certified body armor under the
provisions of this chapter shall be made by the Department of General
Services on behalf of an authorized state agency or department.
Purchases of body armor shall be based upon written requests
submitted by an authorized state agency or department to the
Department of General Services.
(b) The Department of General Services shall make certified body
armor available to peace officers of the Department of Justice, as
defined by Section 830.3 of the Penal Code, while engaged in law
enforcement activities.



12369. The Department of General Services shall, pursuant to
departmental regulation, after consultation with the Department of
the California Highway Patrol, define the term "enforcement
activities" for purposes of this chapter, and develop standards
regarding what constitutes sufficient wear on body armor to
necessitate replacement thereof.



12370. (a) Any person who has been convicted of a violent felony,
as defined in subdivision (c) of Section 667.5, under the laws of the
United States, the State of California, or any other state,
government, or country, who purchases, owns, or possesses body armor,
as defined by Section 942 of Title 11 of the California Code of
Regulations, except as authorized under subdivision (b), is guilty of
a felony, punishable by imprisonment in a state prison for 16
months, or two or three years.
(b) Any person whose employment, livelihood, or safety is
dependent on the ability to legally possess and use body armor, who
is subject to the prohibition imposed by subdivision (a) due to a
prior violent felony conviction, may file a petition with the chief
of police or county sheriff of the jurisdiction in which he or she
seeks to possess and use the body armor for an exception to this
prohibition. The chief of police or sheriff may reduce or eliminate
the prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as he or
she deems appropriate, based on the following:
(1) A finding that the petitioner is likely to use body armor in a
safe and lawful manner.
(2) A finding that the petitioner has a reasonable need for this
type of protection under the circumstances.
In making its decision, the chief of police or sheriff shall
consider the petitioner's continued employment, the interests of
justice, any relevant evidence, and the totality of the
circumstances. It is the intent of the Legislature that law
enforcement officials exercise broad discretion in fashioning
appropriate relief under this paragraph in cases in which relief is
warranted. However, this paragraph may not be construed to require
law enforcement officials to grant relief to any particular
petitioner. Relief from this prohibition does not relieve any other
person or entity from any liability that might otherwise be imposed.

(c) The chief of police or sheriff shall require, as a condition
of granting an exception under subdivision (b), that the petitioner
agree to maintain on his or her person a certified copy of the law
enforcement official's permission to possess and use body armor,
including any conditions or limitations.
(d) Law enforcement officials who enforce the prohibition
specified in subdivision (a) against a person who has been granted
relief pursuant to subdivision (b), shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in his or her possession a
certified copy of the permission granting the person relief from the
prohibition, as required by subdivision (c). This immunity from
liability does not relieve any person or entity from any other
liability that might otherwise be imposed.
(e) For purposes of this section only, "violent felony" refers to
the specific crimes listed in subdivision (c) of Section 667.5, and
to crimes defined under the applicable laws of the United States or
any other state, government, or country that are reasonably
equivalent to the crimes listed in subdivision (c) of Section 667.5.
TEAR GAS WEAPONS
General Provisions


12401. "Tear gas" as used in this chapter shall apply to and
include all liquid, gaseous or solid substances intended to produce
temporary physical discomfort or permanent injury through being
vaporized or otherwise dispersed in the air, but does not apply to,
and shall not include, any substance registered as an economic poison
as provided in Chapter 2 (commencing with Section 12751) of Division
7 of the Agricultural Code provided that such substance is not
intended to be used to produce discomfort or injury to human beings.



12402. The term "tear gas weapon" as used in this chapter shall
apply to and include:
(a) Any shell, cartridge, or bomb capable of being discharged or
exploded, when the discharge or explosion will cause or permit the
release or emission of tear gases.
(b) Any revolvers, pistols, fountain pen guns, billies, or other
form of device, portable or fixed, intended for the projection or
release of tear gas except those regularly manufactured and sold for
use with firearm ammunition.



12403. Nothing in this chapter shall prohibit any person who is a
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2, from purchasing, possessing, transporting,
or using any tear gas or tear gas weapon if the person has
satisfactorily completed a course of instruction approved by the
Commission on Peace Officer Standards and Training in the use of tear
gas.



12403.1. Nothing in this chapter shall prohibit any member of the
military and naval forces of this state or of the United States or
any federal law enforcement officer from purchasing, possessing, or
transporting any tear gas or tear gas weapon for official use in the
discharge of his duties.


12403.5. Notwithstanding any other provision of law, a person
holding a license as a private investigator or private patrol
operator issued pursuant to Chapter 11 (commencing with Section
7500), Division 3 of the Business and Professions Code, or uniformed
patrolmen employees of a private patrol operator, may purchase,
possess, or transport any tear gas weapon, if it is used solely for
defensive purposes in the course of the activity for which the
license was issued and if the person has satisfactorily completed a
course of instruction approved by the Department of Consumer Affairs
in the use of tear gas.



12403.7. Notwithstanding any other law, any person may purchase,
possess, or use tear gas and tear gas weapons for the projection or
release of tear gas if the tear gas and tear gas weapons are used
solely for self-defense purposes, subject to the following
requirements:
(a) No person convicted of a felony or any crime involving an
assault under the laws of the United States, the State of California,
or any other state, government, or country or convicted of misuse of
tear gas under subdivision (g) shall purchase, possess, or use tear
gas or tear gas weapons.
(b) No person who is addicted to any narcotic drug shall purchase,
possess, or use tear gas or tear gas weapons.
(c) No person shall sell or furnish any tear gas or tear gas
weapon to a minor.
(d) No person who is a minor shall purchase, possess, or use tear
gas or tear gas weapons.
(e) (1) No person shall purchase, possess, or use any tear gas
weapon that expels a projectile, or that expels the tear gas by any
method other than an aerosol spray, or that contains more than 2.5
ounces net weight of aerosol spray.
(2) Every tear gas container and tear gas weapon that may be
lawfully purchased, possessed, and used pursuant to this section
shall have a label that states: "WARNING: The use of this substance
or device for any purpose other than self-defense is a crime under
the law. The contents are dangerous--use with care."
(3) After January 1, 1984, every tear gas container and tear gas
weapon that may be lawfully purchased, possessed, and used pursuant
to this section shall have a label that discloses the date on which
the useful life of the tear gas weapon expires.
(4) Every tear gas container and tear gas weapon that may be
lawfully purchased pursuant to this section shall be accompanied at
the time of purchase by printed instructions for use.
(f) Effective March 1, 1994, every tear gas container and tear gas
weapon that may be lawfully purchased, possessed, and used pursuant
to this section shall be accompanied by an insert including
directions for use, first aid information, safety and storage
information, and explanation of the legal ramifications of improper
use of the tear gas container or tear gas product.
(g) Any person who uses tear gas or tear gas weapons except in
self-defense is guilty of a public offense and is punishable by
imprisonment in a state prison for 16 months, or two or three years
or in a county jail not to exceed one year or by a fine not to exceed
one thousand dollars ($1,000), or by both the fine and imprisonment,
except that, if the use is against a peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
engaged in the performance of his or her official duties and the
person committing the offense knows or reasonably should know that
the victim is a peace officer, the offense is punishable by
imprisonment in a state prison for 16 months or two or three years or
by a fine of one thousand dollars ($1,000), or by both the fine and
imprisonment.



12403.8. (a) Notwithstanding paragraph (4) of subdivision (a) of
Section 12403.7, a minor who has attained the age of 16 years may
purchase and possess tear gas or tear gas weapons pursuant to this
chapter if he or she is accompanied by a parent or guardian, or has
the written consent of his or her parent or guardian.
(b) Notwithstanding paragraph (3) of subdivision (a) of Section
12403.7, a person may sell or furnish tear gas or a tear gas weapon
to a minor who has attained the age of 16 years and who is
accompanied by a parent or guardian, or who presents a statement of
consent signed by the minor's parent or guardian.
(c) Any civil liability of a minor arising out of his or her use
of tear gas or a tear gas weapon other than for self-defense is
imposed upon the person, parent, or guardian who signed the statement
of consent specified in subdivision (b) who shall be jointly and
severally liable with the minor for any damages proximately resulting
from the negligent or wrongful act or omission of the minor in the
use of the tear gas or a tear gas weapon.



12403.9. Custodial officers of any county may carry tear gas
weapons pursuant to Section 12403 only while on duty. These
custodial officers may carry tear gas weapons while off duty only in
accordance with all other laws.


12404. Nothing in this chapter authorizes the possession of tear
gas or tear gas weapons in any institution described in Section 4574,
or within the grounds belonging or adjacent to any such institution,
except where authorized by the person in charge of such inUnlawful Possession and Salestitution.

12420. Any person, firm, or corporation who within this state
knowingly sells or offers for sale, possesses, or transports any tear
gas or tear gas weapon, except as permitted under the provisions of
this chapter, is guilty of a public offense and upon conviction
thereof shall be punishable by imprisonment in the county jail for
not exceeding one year or by a fine not to exceed two thousand
dollars ($2,000), or by both.



12421. Each tear gas weapon sold, transported or possessed under
the authority of this chapter shall bear the name of the manufacturer
and a serial number applied by him.



12422. Any person who changes, alters, removes or obliterates the
name of the manufacturer, the serial number or any other mark of
identification on any tear gas weapon is guilty of a public offense
and, upon conviction, shall be punished by imprisonment in the state
prison or by a fine of not more than two thousand dollars ($2,000) or
by both.
Possession of any such weapon upon which the same shall have been
changed, altered, removed, or obliterated, shall be presumptive
evidence that such possessor has changed, altered, removed, or
obliterated the same.

[هيثم الفقى]

Permits


12423. The Department of Justice may issue a permit for the
possession and transportation of tear gas or tear gas weapons that
are not intended or certified for personal self-defense purposes,
upon proof that good cause exists for the issuance thereof to the
applicant for this permit. The permit may also allow the applicant
to install, maintain, and operate a protective system involving the
use of tear gas or tear gas weapons in any place which is accurately
and completely described in the application for the permit.



12424. Applications for permits shall be filed in writing, signed
by the applicant if an individual, or by a member or officer
qualified to sign if the applicant is a firm or corporation, and
shall state the name, business in which engaged, business address and
a full description of the place or vehicle in which the tear gas or
tear gas weapons are to be transported, kept, installed, or
maintained.
If the tear gas or tear gas weapons are to be used in connection
with, or to constitute, a protective system, the application shall
also contain the name of the person who is to install the protective
system.
Applications and permits shall be uniform throughout the state
upon forms prescribed by the Department of Justice.
Each applicant for a permit shall pay at the time of filing his or
her application a fee determined by the Department of Justice not to
exceed the application processing costs of the Department of
Justice. A permit granted pursuant to this article may be renewed
one year from the date of issuance, and annually thereafter, upon the
filing of a renewal application and the payment of a permit renewal
fee not to exceed the application processing costs of the Department
of Justice. After the department establishes fees sufficient to
reimburse the department for processing costs, fees charged shall
increase at a rate not to exceed the legislatively approved annual
cost-of-living adjustments for the department's budget.



12424.5. Notwithstanding Section 12423, a bank, a savings and loan
association, a credit union, or an industrial loan company which
maintains more than one office or branch may make a single annual
application for a permit. In addition to the requirements set forth
in this article, that application shall separately state the business
address and a full description of each office or branch in which the
tear gas or tear gas weapons are to be kept, installed, or
maintained. Any location additions or deletions as to offices or
branches shall be reported to the department within 60 days of the
change.
A single permit issued under this section shall allow for the
possession, operation, and maintenance of tear gas at each office or
branch named in the application, including location changes.




12425. Every person, firm or corporation to whom a permit is issued
shall either carry the permit upon his person or keep it in the
place described in the permit. The permit shall be open to
inspection by any peace officer or other person designated by the
authority issuing the permit.



12426. Permits issued in accordance with this article may be
revoked or suspended by the issuing authority at any time when it
appears that the need for the possession or transportation of the
tear gas or tear gas weapons or protective system involving the use
thereof, has ceased, or that the holder of the permit has engaged in
an unlawful business or occupation or has wrongfully made use of the
tear gas or tear gas weapons or the permit issued.

[هيثم الفقى]

. Licenses to Sell
Oleoresin Capsicum
. FIREARM DEVICES
General Provisions


12500. The term "silencer" as used in this chapter means any device
or attachment of any kind designed, used, or intended for use in
silencing, diminishing, or muffling the report of a firearm. The
term "silencer" also includes any combination of parts, designed or
redesigned, and intended for use in assembling a silencer or
fabricating a silencer and any part intended only for use in such
assembly or fabrication.



12501. Section 12520 shall not apply to, or affect, any of the
following:
(a) The sale to, purchase by, or possession of silencers by
agencies listed in Section 830.1, or the military or naval forces of
this state or of the United States for use in the discharge of their
official duties.
(b) The possession of silencers by regular, salaried, full-time
peace officers who are employed by an agency listed in Section
830.1, or by the military or naval forces of this state or of the
United States when on duty and when the use of silencers is
authorized by the agency and is within the course and scope of their
duties.
(c) The manufacture, possession, transportation, or sale or other
transfer of silencers to an entity described in subdivision (a) by
dealers or manufacturers registered under Chapter 53 (commencing with
Section 5801) of Title 26 of the United States Code, and the
regulations issued pursuant thereto.

[هيثم الفقى]

Unlawful Possession of Firearm Silencers
12520. Any person, firm, or corporation who within this state
possesses a silencer is guilty of a felony and upon conviction
thereof shall be punished by imprisonment in the state prison or by a
fine not to exceed ten thousand dollars ($10,000) or by both.

MISCELLANEOUS
BB Devices and Imitation Firearms


12550. As used in this article, the following definitions apply:
(a) "BB device" is defined in subdivision (g) of Section 12001.
(b) "Firearm" is defined in subdivision (b) of Section 12001.
(c) "Imitation firearm" means any BB device, toy gun, replica of a
firearm, or other device that is so substantially similar in
coloration and overall appearance to an existing firearm as to lead a
reasonable person to perceive that the device is a firearm.



12551. Every person who sells to a minor any BB device is guilty of
a misdemeanor.



12552. (a) Every person who furnishes any BB device to any minor,
without the express or implied permission of the parent or legal
guardian of the minor, is guilty of a misdemeanor.
(b) As used in this section, "furnishes" means any of the
following:
(1) A loan.
(2) A transfer that does not involve a sale.




12553. (a) (1) Any person who changes, alters, removes, or
obliterates any coloration or markings that are required by any
applicable state or federal law or regulation, for any imitation
firearm, or device described in subdivision (c) of Section 12555, in
any way that makes the imitation firearm or device look more like a
firearm is guilty of a misdemeanor.
(2) This subdivision shall not apply to a manufacturer, importer,
or distributor of imitation firearms or to the lawful use in
theatrical productions, including motion pictures, television, and
stage productions.
(b) Any manufacturer, importer, or distributor of imitation
firearms that fails to comply with any applicable federal law or
regulation governing the marking of a toy, look-alike or imitation
firearm as defined by federal law or regulation is guilty of a
misdemeanor.


12554. (a) Any imitation firearm manufactured after July 1, 2005,
shall, at the time of offer for sale in this state, be accompanied by
a conspicuous advisory in writing as part of the packaging, but not
necessarily affixed to the imitation firearm, to the effect that the
product may be mistaken for a firearm by law enforcement officers or
others, that altering the coloration or markings required by state or
federal law or regulations so as to make the product look more like
a firearm is dangerous, and may be a crime, and that brandishing or
displaying the product in public may cause confusion and may be a
crime.
(b) Any manufacturer, importer, or distributor that fails to
comply with this advisory for any imitation firearm manufactured
after July 1, 2005, shall be liable for a civil fine for each action
brought by a city attorney or district attorney of not more than one
thousand dollars ($1,000) for the first action, five thousand dollars
($5,000) for the second action, and ten thousand dollars ($10,000)
for the third action and each subsequent action.



12555. (a) Any person who, for commercial purposes, purchases,
sells, manufactures, ships, transports, distributes, or receives, by
mail order or in any other manner, an imitation firearm except as
authorized by this section shall be liable for a civil fine in an
action brought by the city attorney or the district attorney of not
more than ten thousand dollars ($10,000) for each violation.
(b) The manufacture, purchase, sale, shipping, transport,
distribution, or receipt, by mail or in any other manner, of
imitation firearms is authorized if the device is manufactured,
purchased, sold, shipped, transported, distributed, or received for
any of the following purposes:
(1) Solely for export in interstate or foreign commerce.
(2) Solely for lawful use in theatrical productions, including
motion picture, television, and stage productions.
(3) For use in a certified or regulated sporting event or
competition.
(4) For use in military or civil defense activities, or ceremonial
activities.
(5) For public displays authorized by public or private schools.
(c) As used in this section, "imitation firearm" does not include
any of the following:
(1) A nonfiring collector's replica that is historically
significant, and is offered for sale in conjunction with a wall
plaque or presentation case.
(2) A BB device, as defined in subdivision (g) of Section 12001.
(3) A device where the entire exterior surface of the device is
white, bright red, bright orange, bright yellow, bright green, bright
blue, bright pink, or bright purple, either singly or as the
predominant color in combination with other colors in any pattern, as
provided by federal regulations governing imitation firearms, or
where the entire device is constructed of transparent or translucent
materials which permits unmistakable observation of the device's
complete contents, as provided by federal regulations governing
imitation firearms.



12556. (a) No person may openly display or expose any imitation
firearm, as defined in Section 12550, in a public place.
(b) Violation of this section, except as provided in subdivision
(c), is an infraction punishable by a fine of one hundred dollars
($100) for the first offense, and three hundred dollars ($300) for a
second offense.
(c) A third or subsequent violation of this section is punishable
as a misdemeanor.
(d) Subdivision (a) shall not apply to the following, when the
imitation firearm is:
(1) Packaged or concealed so that it is not subject to public
viewing.
(2) Displayed or exposed in the course of commerce, including
commercial film or video productions, or for service, repair, or
restoration of the imitation firearm.
(3) Used in a theatrical production, a motion picture, video,
television, or stage production.
(4) Used in conjunction with a certified or regulated sporting
event or competition.
(5) Used in conjunction with lawful hunting, or lawful pest
control activities.
(6) Used or possessed at certified or regulated public or private
shooting ranges.
(7) Used at fairs, exhibitions, expositions, or other similar
activities for which a permit has been obtained from a local or state
government.
(8) Used in military, civil defense, or civic activities,
including flag ceremonies, color guards, parades, award
presentations, historical reenactments, and memorials.
(9) Used for public displays authorized by public or private
schools or displays that are part of a museum collection.
(10) Used in parades, ceremonies, or other similar activities for
which a permit has been obtained from a local or state government.
(11) Displayed on a wall plaque or in a presentation case.
(12) Used in areas where the discharge of a firearm is lawful.
(13) A device where the entire exterior surface of the device is
white, bright red, bright orange, bright yellow, bright green, bright
blue, bright pink, or bright purple, either singly or as the
predominant color in combination with other colors in any pattern, or
where the entire device is constructed of transparent or translucent
materials which permits unmistakable observation of the device's
complete contents. Merely having an orange tip as provided in
federal law and regulations does not satisfy this requirement. The
entire surface must be colored or transparent or translucent.
(e) For purposes of this section, the term "public place" means an
area open to the public and includes streets, sidewalks, bridges,
alleys, plazas, parks, driveways, front yards, parking lots,
automobiles, whether moving or not, and buildings open to the general
public, including those that serve food or drink, or provide
entertainment, and the doorways and entrances to buildings or
dwellings.
(f) Nothing in this section shall be construed to preclude
prosecution for a violation of Section 171b, 171.5, or 626.10.
Blowguns


12580. "Blowgun," as used in this article, means a hollow tube
designed and intended to be used as a tube through which a dart is
propelled by the force of the breath of the user.



12581. "Blowgun ammunition," as used in this article, means a dart
designed and intended for use in a blowgun.



12582. Any person who knowingly manufactures, sells, offers for
sale, possesses, or uses a blowgun or blowgun ammunition in this
state is guilty of a misdemeanor.



12583. Nothing in this article shall prohibit the sale to, purchase
by, possession of, or use of blowguns or blowgun ammunition by
zookeepers, animal control officers, Department of Fish and Game
personnel, humane officers whose names are maintained in the county
record of humane officers pursuant to Section 14502 of the
Corporations Code, or veterinarians in the course and scope of their
business in order to administer medicine to animals.
Picketing


12590. (a) Any person who does any of the following acts while
engaged in picketing, or other informational activities in a public
place relating to a concerted refusal to work, is guilty of a
misdemeanor:
(1) Carries concealed upon his person or within any vehicle which
is under his or her control or direction any pistol, revolver, or
other firearm capable of being concealed upon the person.
(2) Carries a loaded firearm upon his or her person or within any
vehicle which is under his or her control or direction.
(3) Carries a deadly weapon.
(4) Wears the uniform of a peace officer, whether or not the
person is a peace officer.
(b) This section shall not be construed to authorize or ratify any
picketing or other informational activities not otherwise authorized
by law.
(c) Section 12027 shall not be construed to authorize any conduct
described in paragraph (1) of subdivision (a), nor shall subdivision
(b) of Section 12031 be construed to authorize any conduct described
in paragraph (2) of subdivision (a).
Less Lethal Weapons

12600. A person who is a peace officer or a custodial officer as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 may if authorized by and under the terms and conditions as are
specified by his or her employing agency purchase, possess, or
transport any less lethal weapon or ammunition therefor, for official
use in the discharge of his or her duties.



12601. (a) "Less lethal weapon" means any device that is designed
to or that has been converted to expel or propel less lethal
ammunition by any action, mechanism, or process for the purpose of
incapacitating, immobilizing, or stunning a human being through the
infliction of any less than lethal impairment of physical condition,
function, or senses, including physical pain or discomfort. It is
not necessary that a weapon leave any lasting or permanent
incapacitation, discomfort, pain, or other injury or disability in
order to qualify as a less lethal weapon.
(b) Less lethal weapon includes the frame or receiver of any
weapon described in subdivision (a), but does not include any of the
following unless the part or weapon has been converted as described
in subdivision (a):
(1) Pistol, revolver, or firearm as defined in Section 12001.
(2) Machinegun as defined in Section 12200.
(3) Rifle or shotgun using fixed ammunition consisting of standard
primer and powder and not capable of being concealed upon the
person.
(4) Pistols, rifles, and shotguns that are firearms having a
barrel less than 0.18 inches in diameter and that are designed to
expel a projectile by any mechanical means or by compressed air or
gas.
(5) When used as designed or intended by the manufacturer, any
weapon commonly regarded as a toy gun, and that as such is incapable
of inflicting any impairment of physical condition, function, or
senses.
(6) A destructive device as defined in Section 12301.
(7) A tear gas weapon as defined in Section 12402.
(8) A bow or crossbow designed to shoot arrows.
(9) A device commonly known as a slingshot.
(10) A device designed for the firing of stud cartridges,
explosive rivets, or similar industrial ammunition.
(11) A device designed for signaling, illumination, or safety.
(12) An assault weapon as defined in Section 12276 or 12276.1.
(c) "Less lethal ammunition" means any ammunition that (1) is
designed to be used in any less lethal weapon or any other kind of
weapon (including, but not limited to, firearms, pistols, revolvers,
shotguns, rifles, and spring, compressed air, and compressed gas
weapons) and (2) when used in the less lethal weapon or other weapon
is designed to immobilize or incapacitate or stun a human being
through the infliction of any less than lethal impairment of physical
condition, function, or senses, including physical pain or
discomfort.

[هيثم الفقى]

Stun Guns


12650. "Stun gun" as used in this chapter shall include any item,
except a taser, used or intended to be used as either an offensive or
defensive weapon capable of temporarily immobilizing a person by the
infliction of an electrical charge.



12651. Notwithstanding any other provision of law, any person may
purchase, possess, or use a stun gun, subject to the following
requirements:
(a) No person convicted of a felony or any crime involving an
assault under the laws of the United States, of the State of
California, or any other state, government, or country or convicted
of misuse of a stun gun under Section 244.5, shall purchase, possess,
or use stun guns.
(b) No person who is addicted to any narcotic drug shall purchase,
possess, or use a stun gun.
(c) No person shall sell or furnish any stun gun to a minor
unless the minor is at least 16 years of age and has the written
consent of his or her parent or legal guardian.
Violation of this subdivision shall be a public offense punishable
by a fifty dollar ($50) fine for the first offense. Any subsequent
violation of this subdivision is a misdemeanor.
(d) No minor shall possess any stun gun unless the minor is at
least 16 years of age and has the written consent of his or her
parent or legal guardian.



12652. Each stun gun sold shall contain both of the following:
(a) The name of the manufacturer stamped on the stun gun.
(b) The serial number applied by the manufacturer.



12653. Unless otherwise specified, any violation of this article is
a misdemeanor.



12654. Each stun gun sold in this state shall be accompanied by an
instruction booklet.
Violation of this section shall be a public offense punishable by
a fifty dollar ($50) fine for each weapon sold without the booklet.
Handgun Safety Certificate

12800. It is the intent of the Legislature in enacting this article
to require that persons who obtain handguns have a basic familiarity
with those firearms, including, but not limited to, the safe
handling and storage of those firearms. It is not the intent of the
Legislature to require a handgun safety certificate for the mere
possession of a firearm.



12801. (a) As used in this article, the following definitions shall
apply:
(1) "Department" means the Department of Justice.
(2) "DOJ Certified Instructor" or "certified instructor" means a
person designated as a handgun safety instructor by the Department of
Justice pursuant to subdivision (d) of Section 12804.
(b) No person shall do either of the following:
(1) Purchase or receive any handgun, except an antique firearm, as
defined in paragraph (16) of subsection (a) of Section 921 of Title
18 of the United States Code, without a valid handgun safety
certificate.
(2) Sell, deliver, loan, or transfer any handgun, except an
antique firearm, as defined in paragraph (16) of subsection (a) of
Section 921 of Title 18 of the United States Code, to any person who
does not have a valid handgun safety certificate.
(c) Any person who violates subdivision (b) is guilty of a
misdemeanor.
(d) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of this code shall not be punished under more than one
provision.



12802. (a) No person may commit an act of collusion as specified in
Section 12072.
(b) Any person who alters, counterfeits, or falsifies a handgun
safety certificate, or who uses or attempts to use any altered,
counterfeited, or falsified handgun safety certificate to purchase a
handgun is guilty of a misdemeanor.
(c) The provisions of this section are cumulative and shall not be
construed as restricting the application of any other law. However,
an act or omission punishable in different ways by this section and
different provisions of this code shall not be punished under more
than one provision.


12803. (a) No certified instructor may issue a handgun safety
certificate to any person who has not complied with this article.
Proof of compliance shall be forwarded to the department by certified
instructors as frequently as the department may determine.
(b) No certified instructor may issue a handgun safety certificate
to any person who is under 18 years of age.
(c) A violation of this section shall be grounds for the
department to revoke the instructor's certification to issue handgun
safety certificates.



12804. (a) The department shall develop an instruction manual in
English and in Spanish by October 1, 2002. The department shall make
the instructional manual available to firearms dealers licensed
pursuant to Section 12071, who shall make it available to the general
public. Essential portions of the manual may be included in the
pamphlet described in Section 12080.
(b) The department shall develop audiovisual materials in English
and in Spanish by March 1, 2003, to be issued to instructors
certified by the department.
(c) (1) The department shall develop a written objective test, in
English and in Spanish, and prescribe its content, form, and manner,
to be administered by an instructor certified by the department. If
the person taking the test is unable to read, the examination shall
be administered orally. The test shall cover, but not be limited to,
all of the following:
(A) The laws applicable to carrying and handling firearms,
particularly handguns.
(B) The responsibilities of ownership of firearms, particularly
handguns.
(C) Current law as it relates to the private sale and transfer of
firearms.
(D) Current law as it relates to the permissible use of lethal
force.
(E) What constitutes safe firearm storage.
(F) Issues associated with bringing a handgun into the home.
(G) Prevention strategies to address issues associated with
bringing firearms into the home.
(2) If the person taking the test is unable to read English or
Spanish, the test may be applied orally by a translator.
(d) The department shall prescribe a minimum level of skill,
knowledge and competency to be required of all handgun safety
certificate instructors.
(e) If a dealer licensed pursuant to Section 12071 or his or her
employee, or where the managing officer or partner is certified as an
instructor pursuant to this article, he or she shall also designate
a separate room or partitioned area for a person to take the
objective test, and maintain adequate supervision to assure that no
acts of collusion occur while the objective test is being
administered.
(f) The department shall solicit input from any reputable
association or organization, including any law enforcement
association that has as one of its objectives the promotion of
firearms safety, in the development of the handgun safety certificate
instructional materials.
(g) The department shall develop handgun safety certificates to be
issued by instructors certified by the department, to those persons
who have complied with this article.
(h) The department shall be immune from any liability arising from
implementing this section.
(i) The department shall update test materials related to this
article every five years.
(j) Department Certified Instructor applicants shall have a
certification to provide training from one of the following
organizations as specified, or any entity found by the department to
give comparable instruction in firearms safety, or the applicant
shall have similar or equivalent training to that provided by the
following, as determined by the department:
(1) Department of Consumer Affairs, State of California-Firearm
Training Instructor.
(2) Director of Civilian Marksmanship, Instructor or Rangemaster.

(3) Federal Government, Certified Rangemaster or Firearm
Instructor.
(4) Federal Law Enforcement Training Center, Firearm Instructor
Training Program or Rangemaster.
(5) United States Military, Military Occupational Specialty (MOS)
as marksmanship or firearms instructor. Assignment as Range Officer
or Safety Officer are not sufficient.
(6) National Rifle Association-Certified Instructor, Law
Enforcement Instructor, Rangemaster, or Training Counselor.
(7) Commission on Peace Officer Standards and Training (POST),
State of California-Firearm Instructor or Rangemaster.
(8) Authorization from a State of California accredited school to
teach a firearm training course.



12805. (a) An applicant for a handgun safety certificate shall
successfully pass the objective test referred to in paragraph (1) of
subdivision (c) of Section 12804, with a passing grade of at least 75
percent. Any person receiving a passing grade on the objective test
shall immediately be issued a handgun safety certificate by the
instructor.
(b) An applicant who fails to pass the objective test upon the
first attempt shall be offered additional instructional materials by
the instructor such as a videotape or booklet. The person may not
retake the objective test under any circumstances until 24 hours have
elapsed after the failure to pass the objective test upon the first
attempt. The person failing the test on the first attempt shall take
another version of the test upon the second attempt. All tests
shall be taken from the same instructor except upon permission by the
department, which shall be granted only for good cause shown. The
instructor shall make himself or herself available to the applicant
during regular business hours in order to retake the test.
(c) The certified instructor may charge a fee of twenty-five
dollars ($25), fifteen dollars ($15) of which is to be paid to the
department pursuant to subdivision (e).
(d) An applicant to renew a handgun safety certificate shall be
required to pass the objective test. The certified instructor may
charge a fee of twenty-five dollars ($25), fifteen dollars ($15) of
which is to be forwarded to the department pursuant to subdivision
(e).
(e) The department may charge the certified instructor up to
fifteen dollars ($15) for each handgun safety certificate issued by
that instructor to cover the department's cost in carrying out and
enforcing this article, and enforcing this title, as determined
annually by the department.
(f) All money received by the department pursuant to this article
shall be deposited into the Firearms Safety and Enforcement Special
Fund created pursuant to Section 12076.5.
(g) The department shall conduct enforcement activities,
including, but not limited to, law enforcement activities to ensure
compliance with Title 2 (commencing with Section 12000) of Part 4.



12806. (a) A handgun safety certificate shall include, but not be
limited to, the following information:
(1) A unique handgun safety certificate identification number.
(2) The holder's full name.
(3) The holder's date of birth.
(4) The holder's driver's license or identification number.
(5) The holder's signature.
(6) The signature of the issuing instructor.
(7) The date of issuance.
(b) The handgun safety certificate shall expire five years after
the date that it was issued by the certified instructor.



12807. (a) The following persons, properly identified, are exempted
from the handgun safety certificate requirement in subdivision (b)
of Section 12801:
(1) Any active or honorably retired peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2) Any active or honorably retired federal officer or law
enforcement agent.
(3) Any reserve peace officer, as defined in Section 832.6.
(4) Any person who has successfully completed the course of
training specified in Section 832.
(5) A firearms dealer licensed pursuant to Section 12071, who is
acting in the course and scope of his or her activities as a person
licensed pursuant to Section 12071.
(6) A federally licensed collector who is acquiring or being
loaned a handgun that is a curio or relic, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations, who has a
current certificate of eligibility issued to him or her by the
department pursuant to Section 12071.
(7) A person to whom a handgun is being returned, where the person
receiving the firearm is the owner of the firearm.
(8) A family member of a peace officer or deputy sheriff from a
local agency who receives a firearm pursuant to Section 50081 of the
Government Code.
(9) Any individual who has a valid concealed weapons permit issued
pursuant to Section 12050.
(10) An active, or honorably retired member of the United States
Armed Forces, the National Guard, the Air National Guard, the active
reserve components of the United States, where individuals in those
organizations are properly identified. For purposes of this section,
proper identification includes the Armed Forces Identification Card,
or other written documentation certifying that the individual is an
active or honorably retired member.
(11) Any person who is authorized to carry loaded firearms
pursuant to subdivision (c) or (d) of Section 12031.
(12) Persons who are the holders of a special weapons permit
issued by the department pursuant to Section 12095, 12230, 12250, or
12305.
(b) The following persons who take title or possession of a
handgun by operation of law in a representative capacity, until or
unless they transfer title ownership of the handgun to themselves in
a personal capacity, are exempted from the handgun safety certificate
requirement in subdivision (b) of Section 12801:
(1) The executor or administrator of an estate.
(2) A secured creditor or an agent or employee thereof when the
firearms are possessed as collateral for, or as a result of, or an
agent or employee thereof when the firearms are possessed as
collateral for, or as a result of, a default under a security
agreement under the Commercial Code.
(3) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(4) A receiver performing his or her functions as a receiver.
(5) A trustee in bankruptcy performing his or her duties.
(6) An assignee for the benefit of creditors performing his or her
functions as an assignee.


12808. (a) In the case of loss or destruction of a handgun safety
certificate, the issuing instructor shall issue a duplicate
certificate upon request and proof of identification to the
certificate holder.
(b) The department may authorize the issuing instructor to charge
a fee not to exceed fifteen dollars ($15), for a duplicate
certificate. Revenues from this fee shall be deposited in the
Firearms Safety and Enforcement Special Fund, created pursuant to
Section 12076.5.



12809. Except for the provisions of Section 12804, this article
shall become operative on January 1, 2003.

[هيثم الفقى]

CRIMINAL STATISTICS
DEPARTMENT OF JUSTICE
Duties of the Department
13000. (a) All statewide automated fingerprint identification
systems shall be maintained by the Department of Justice. For
purposes of this section, "automated fingerprint identification
system" means electronic comparison of fingerprints to a data base of
known persons.
(b) Any state agency is exempted from this section if the agency's
director finds that the automated identification system needed to
meet programmatic requirements is less costly than an identical
system available through an interagency agreement with the Department
of Justice, or is not provided by the Department of Justice.
(c) Information contained in these systems shall be released to
state agencies only on a need-to-know basis pursuant to any of the
following:
(1) Statutory authorization to the extent permitted by federal
law.
(2) A court order or decision that requires release of the
information.
(3) An interagency agreement with the Department of Justice to
develop and operate a system.
(d) The department may charge a fee to be paid by the agency for
the actual cost of supporting the service.


13010. It shall be the duty of the department:
(a) To collect data necessary for the work of the department from
all persons and agencies mentioned in Section 13020 and from any
other appropriate source.
(b) To prepare and distribute to all those persons and agencies,
cards, forms, or electronic means used in reporting data to the
department. The cards, forms, or electronic means may, in addition
to other items, include items of information needed by federal
bureaus or departments engaged in the development of national and
uniform criminal statistics.
(c) To recommend the form and content of records which must be
kept by those persons and agencies in order to insure the correct
reporting of data to the department.
(d) To instruct those persons and agencies in the installation,
maintenance, and use of those records and in the reporting of data
therefrom to the department.
(e) To process, tabulate, analyze and interpret the data collected
from those persons and agencies.
(f) To supply, at their request, to federal bureaus or departments
engaged in the collection of national criminal statistics data they
need from this state.
(g) To present to the Governor, on or before July 1st, a printed
annual report containing the criminal statistics of the preceding
calendar year and to present at other times as the Attorney General
may approve reports on special aspects of criminal statistics. A
sufficient number of copies of all reports shall be printed or
otherwise prepared to enable the Attorney General to send a copy to
all public officials in the state dealing with criminals and to
distribute them generally in channels where they will add to the
public enlightenment.
(h) To periodically review the requirements of units of government
using criminal justice statistics, and to make recommendations for
changes it deems necessary in the design of criminal justice
statistics systems, including new techniques of collection and
processing made possible by automation.



13010.5. The department shall collect data pertaining to the
juvenile justice system for criminal history and statistical
purposes. This information shall serve to assist the department in
complying with the reporting requirement of subdivisions (c) and (d)
of Section 13012, measuring the extent of juvenile delinquency,
determining the need for and effectiveness of relevant legislation,
and identifying long-term trends in juvenile delinquency. Any data
collected pursuant to this section may include criminal history
information which may be used by the department to comply with the
requirements of Section 602.5 of the Welfare and Institutions Code.




13011. The department may serve as statistical and research agency
to the Department of Corrections, the Board of Prison Terms, the
Board of Corrections, the Department of the Youth Authority, and the
Youthful Offender Parole Board.


13012. The annual report of the department provided for in Section
13010 shall contain statistics showing all of the following:
(a) The amount and the types of offenses known to the public
authorities.
(b) The personal and social characteristics of criminals and
delinquents.
(c) The administrative actions taken by law enforcement, judicial,
penal, and correctional agencies or institutions, including those in
the juvenile justice system, in dealing with criminals or
delinquents.
(d) The administrative actions taken by law enforcement,
prosecutorial, judicial, penal, and correctional agencies, including
those in the juvenile justice system, in dealing with minors who are
the subject of a petition or hearing in the juvenile court to
transfer their case to the jurisdiction of an adult criminal court or
whose cases are directly filed or otherwise initiated in an adult
criminal court.
(e) The number of citizens' complaints received by law enforcement
agencies under Section 832.5. These statistics shall indicate the
total number of these complaints, the number alleging criminal
conduct of either a felony or misdemeanor, and the number sustained
in each category. The report shall not contain a reference to any
individual agency but shall be by gross numbers only.
It shall be the duty of the department to give adequate
interpretation of the statistics and so to present the information
that it may be of value in guiding the policies of the Legislature
and of those in charge of the apprehension, prosecution, and
treatment of the criminals and delinquents, or concerned with the
prevention of crime and delinquency. The report shall also include
statistics which are comparable with national uniform criminal
statistics published by federal bureaus or departments heretofore
mentioned.


13012.5. (a) The annual report published by the department under
Section 13010 shall, in regard to the contents required by
subdivision (d) of Section 13012, include the following statewide
information:
(1) The annual number of fitness hearings held in the juvenile
courts under Section 707 of the Welfare and Institutions Code, and
the outcomes of those hearings including orders to remand to adult
criminal court, cross-referenced with information about the age,
gender, ethnicity, and offense of the minors whose cases are the
subject of those fitness hearings.
(2) The annual number of minors whose cases are filed directly in
adult criminal court under Sections 602.5 and 707 of the Welfare and
Institutions Code, cross-referenced with information about the age,
gender, ethnicity, and offense of the minors whose cases are filed
directly to the adult criminal court.
(3) The outcomes of cases involving minors who are prosecuted in
adult criminal courts, regardless of how adult court jurisdiction was
initiated, including whether the minor was acquitted or convicted,
or whether the case was dismissed and returned to juvenile court,
including sentencing outcomes, cross-referenced with the age, gender,
ethnicity, and offense of the minors subject to these court actions.

(b) The department's annual report published under Section 13010
shall include the information described in subdivision (d) of Section
13012, as further delineated by this section, beginning with the
report due on July 1, 2003, for the preceding calendar year.



13012.6. The annual report published by the department under
Section 13010 shall include information concerning arrests for
violations of Section 530.5.


13013. The department shall maintain a data set, updated annually,
that contains the number of crimes reported, number of clearances and
clearance rates in California as reported by individual law
enforcement agencies. The data set shall be made available through a
prominently displayed hypertext link on the department's Internet Web
site. This section shall not be construed to require reporting any
crimes other than those required by Section 13012.



13014. (a) The Department of Justice shall perform the following
duties concerning the investigation and prosecution of homicide
cases:
(1) Collect information, as specified in subdivision (b), on all
persons who are the victims of, and all persons who are charged with,
homicide.
(2) Adopt and distribute as a written form or by electronic means
to all state and governmental entities that are responsible for the
investigation and prosecution of homicide cases forms that will
include information to be provided to the department pursuant to
subdivision (b).
(3) Compile, collate, index, and maintain a file of the
information required by subdivision (b). The file shall be available
to the general public during the normal business hours of the
department, and the department shall annually publish a report
containing the information required by this section, which shall also
be available to the general public.
The department shall perform the duties specified in this
subdivision within its existing budget.
(b) Every state or local governmental entity responsible for the
investigation and prosecution of a homicide case shall provide the
department with demographic information about the victim and the
person or persons charged with the crime, including age, gender,
race, and ethnic background.
Duties of Public Agencies and Officers


13020. It shall be the duty of every city marshal, chief of police,
railroad and steamship police, sheriff, coroner, district attorney,
city attorney and city prosecutor having criminal jurisdiction,
probation officer, county board of parole commissioners, work
furlough administrator, the Department of Justice, Health and Welfare
Agency, Department of Corrections, Department of Youth Authority,
Youthful Offender Parole Board, Board of Prison Terms, State
Department of Health, Department of Benefit Payments, State Fire
Marshal, Liquor Control Administrator, constituent agencies of the
State Department of Investment, and every other person or agency
dealing with crimes or criminals or with delinquency or delinquents,
when requested by the Attorney General:
(a) To install and maintain records needed for the correct
reporting of statistical data required by him or her.
(b) To report statistical data to the department at those times
and in the manner that the Attorney General prescribes.
(c) To give to the Attorney General, or his or her accredited
agent, access to statistical data for the purpose of carrying out
this title.



13021. Local law enforcement agencies shall report to the
Department of Justice such information as the Attorney General may by
regulation require relative to misdemeanor violations of Chapter 7.5
(commencing with Section 311) of Title 9 of Part 1 of this code.




13022. Each sheriff and chief of police shall annually furnish the
Department of Justice, in the manner prescribed by the Attorney
General, a report of all justifiable homicides committed in his or
her jurisdiction. In cases where both a sheriff and chief of police
would be required to report a justifiable homicide under this
section, only the chief of police shall report the homicide.



13023. (a) Subject to the availability of adequate funding, the
Attorney General shall direct local law enforcement agencies to
report to the Department of Justice, in a manner to be prescribed by
the Attorney General, any information that may be required relative
to hate crimes. This information may include any general orders or
formal policies on hate crimes and the hate crime pamphlet required
pursuant to Section 422.92.
(b) On or before July 1 of each year, the Department of Justice
shall submit a report to the Legislature analyzing the results of the
information obtained from local law enforcement agencies pursuant to
this section.
(c) For purposes of this section, "hate crime" has the same
meaning as in Section 422.55.
REPORTS TO THE BUREAU OF LIVESTOCK
IDENTIFICATION

13050. Each sheriff or other officer to whom a complaint that
relates to the loss or theft of any equine animal is made shall, in a
timely manner, transmit to the Bureau of Livestock Identification a
report pursuant to Section 24104 of the Food and Agricultural Code.




13051. The Bureau of Livestock Identification shall compile a
report on information received pursuant to Section 24104 of the Food
and Agricultural Code. The bureau shall distribute the report to all
county sheriffs' departments in a timely manner.
CRIMINAL OFFENDER RECORD INFORMATION
Legislative Findings and Definitions

13100. The Legislature finds and declares as follows:
(a) That the criminal justice agencies in this state require, for
the performance of their official duties, accurate and reasonably
complete criminal offender record information.
(b) That the Legislature and other governmental policymaking or
policy-researching bodies, and criminal justice agency management
units require greatly improved aggregate information for the
performance of their duties.
(c) That policing agencies and courts require speedy access to
information concerning all felony and selected misdemeanor arrests
and final dispositions of such cases.
(d) That criminal justice agencies may require regular access to
detailed criminal histories relating to any felony arrest that is
followed by the filing of a complaint.
(e) That, in order to achieve the above improvements, the
recording, reporting, storage, analysis, and dissemination of
criminal offender record information in this state must be made more
uniform and efficient, and better controlled and coordinated.



13100.1. (a) The Attorney General shall appoint an advisory
committee to the California-Criminal Index and Identification
(Cal-CII) system to assist in the ongoing management of the system
with respect to operating policies, criminal records content, and
records retention. The committee shall serve at the pleasure of the
Attorney General, without compensation, except for reimbursement of
necessary expenses.
(b) The committee shall consist of the following representatives:

(1) One representative from the California Police Chiefs'
Association.
(2) One representative from the California Peace Officers'
Association.
(3) Three representatives from the California State Sheriffs'
Association.
(4) One trial judge appointed by the Judicial Council.
(5) One representative from the California District Attorneys'
Association.
(6) One representative from the California Court Clerks'
Association.
(7) One representative from the agency or agencies designated by
the Director of Finance pursuant to Section 13820.
(8) One representative from the Chief Probation Officers'
Association.
(9) One representative from the Department of Corrections.
(10) One representative from the Department of the California
Highway Patrol.
(11) One member of the public, appointed by the Senate Committee
on Rules, who is knowledgeable and experienced in the process of
utilizing background clearances.
(12) One member of the public, appointed by the Speaker of the
Assembly, who is knowledgeable and experienced in the process of
utilizing background clearances.



13100.2. (a) The designee of the Attorney General shall serve as
chair of the committee.
(b) The Department of Justice shall provide staff and support for
the committee.
(c) The committee shall meet at least twice annually.
Subcommittees shall be formed and meet as necessary. All meetings
shall be open to the public and reports shall be made available to
the Legislature and other interested parties.



13101. As used in this chapter, "criminal justice agencies" are
those agencies at all levels of government which perform as their
principal functions, activities which either:
(a) Relate to the apprehension, prosecution, adjudication,
incarceration, or correction of criminal offenders; or
(b) Relate to the collection, storage, dissemination or usage of
criminal offender record information.



13102. As used in this chapter, "criminal offender record
information" means records and data compiled by criminal justice
agencies for purposes of identifying criminal offenders and of
maintaining as to each such offender a summary of arrests, pretrial
proceedings, the nature and disposition of criminal charges,
sentencing, incarceration, rehabilitation, and release.
Such information shall be restricted to that which is recorded as
the result of an arrest, detention, or other initiation of criminal
proceedings or of any consequent proceedings related thereto. It
shall be understood to include, where appropriate, such items for
each person arrested as the following:
(a) Personal indentification.
(b) The fact, date, and arrest charge; whether the individual was
subsequently released and, if so, by what authority and upon what
terms.
(c) The fact, date, and results of any pretrial proceedings.
(d) The fact, date, and results of any trial or proceeding,
including any sentence or penalty.
(e) The fact, date, and results of any direct or collateral review
of that trial or proceeding; the period and place of any
confinement, including admission, release; and, where appropriate,
readmission and rerelease dates.
(f) The fact, date, and results of any release proceedings.
(g) The fact, date, and authority of any act of pardon or
clemency.
(h) The fact and date of any formal termination to the criminal
justice process as to that charge or conviction.
(i) The fact, date, and results of any proceeding revoking
probation or parole.
It shall not include intelligence, analytical, and investigative
reports and files, nor statistical records and reports in which
individuals are not identified and from which their identities are
not ascertainable.


13103. Notwithstanding any other provisions of law relating to
retention of public records, any criminal justice agency may cause
the original records filed pursuant to this chapter to be destroyed
if all of the following requirements are met:
(a) The records have been reproduced onto microfilm or optical
disk, or by any other techniques which do not permit additions,
deletions, or changes to the original document.
(b) If the records have been reproduced onto optical disk, at
least one year has elapsed since the date of registration of the
records.
(c) The nonerasable storage medium used meets the minimum
standards recommended by the National Institute of Standards and
Technology for permanent record purposes.
(d) Adequate provisions are made to ensure that the nonerasable
storage medium reflects additions or corrections to the records.
(e) A copy of the nonerasable storage medium is maintained in a
manner which permits it to be used for all purposes served by the
original record.
(f) A copy of the nonerasable storage medium has been stored at a
separate physical location in a place and manner which will
reasonably assure its preservation indefinitely against loss or
destruction.



13104. Any certified reproduction of any record stored on a
nonerasable storage medium under the provisions of this chapter shall
be deemed to be a certification of the original record.
Recording Information


13125. All basic information stored in state or local criminal
offender record information systems shall be recorded, when
applicable and available, in the form of the following standard data
elements:


The following personal identification data:
Name--(full name)
Aliases
Monikers
Race
***
Date of birth
Place of birth (state or country)
Height
Weight
Hair color
Eye color
CII number
FBI number
Social security number
California operators license number
Fingerprint classification number
Henry
NCIC
Address
The following arrest data:
Arresting agency
Booking number
Date of arrest
Offenses charged
Statute citations
Literal descriptions
Police disposition
Released
Cited and released
Turned over to
Complaint filed
The following misdemeanor or infraction data
or preliminary hearing data:
County and court name
Date complaint filed
Original offenses charged in a complaint or citation
Held to answer
Certified plea
Disposition
Not convicted
Dismissed
Acquitted
Court trial
Jury trial
Convicted
Plea
Court trial
Jury trial
Date of disposition
Convicted offenses
Sentence
Proceedings suspended
Reason suspended
The following superior court data:
County
Date complaint filed
Type of proceeding
Indictment
Information
Certification
Original offenses charged in indictment or
information
Disposition
Not convicted
Dismissed
Acquitted
Court trial
Jury trial
On transcript
Convicted--felony, misdemeanor
Plea
Court trial
Jury trial
On transcript
Date of disposition
Convicted offenses
Sentence
Proceedings suspended
Reason suspended
Source of reopened cases
The following corrections data:
Adult probation
County
Type of court
Court number
Offense
Date on probation
Date removed
Reason for removal
Jail (unsentenced prisoners only)
Offenses charged
Name of jail or institution
Date received
Date released
Reason for release
Bail on own recognizance
Bail
Other
Committing agency
County jail (sentenced prisoners only)
Name of jail, camp, or other
Convicted offense
Sentence
Date received
Date released
Reason for release
Committing agency
Youth Authority
County
Type of court
Court number
Youth Authority number
Date received
Convicted offense
Type of receipt
Original commitment
Parole violator
Date released
Type of release
Custody
Supervision
Date terminated
Department of Corrections
County
Type of court
Court number
Department of Corrections number
Date received
Convicted offense
Type of receipt
Original commitment
Parole violator
Date released
Type of release
Custody
Supervision
Date terminated
Mentally disordered *** offenders
County
Hospital number
Date received
Date discharged
Recommendation



13127. Each recording agency shall insure that each portion of a
criminal offender record that it originates shall include, for all
felonies and reportable misdemeanors, the state or local unique and
permanent fingerprint identification number, within 72 hours of
origination of such records, excluding Saturday, Sunday, and
holidays.



13128. For purposes of the maintenance of criminal records pursuant
to Chapter 4 (commencing with Section 653.75) of Title 15, whenever
a person is arrested for a public offense committed while in custody
in any local detention facility, as defined in Section 6031.4, or any
state prison, as defined in Section 4504, the state summary criminal
history record shall include the section number of the public
offense violated and information related to the "in custody" status
of that person.
Reporting Information


13150. For each arrest made, the reporting agency shall report to
the Department of Justice, concerning each arrest, the applicable
identification and arrest data described in Section 13125 and
fingerprints, except as otherwise provided by law or as prescribed by
the Department of Justice.



13151. The superior court that disposes of a case for which an
arrest was required to be reported to the Department of Justice
pursuant to Section 13150 or for which fingerprints were taken and
submitted to the Department of Justice by order of the court shall
assure that a disposition report of such case containing the
applicable data elements enumerated in Section 13125, or Section
13151.1 if such disposition is one of dismissal, is furnished to the
Department of Justice within 30 days according to the procedures and
on a format prescribed by the department. The court shall also
furnish a copy of such disposition report to the law enforcement
agency having primary jurisdiction to investigate the offense alleged
in the complaint or accusation. Whenever a court shall order any
action subsequent to the initial disposition of a case, the court
shall similarly report such proceedings to the department.



13151.1. When a disposition described in Section 13151 is one of
dismissal of the charge, the disposition report shall state one of
the following reasons, as appropriate:
(a) Dismissal in furtherance of justice, pursuant to Section 1385
of the Penal Code. In addition to this dismissal label, the court
shall set forth the particular reasons for dismissal.
(b) Case compromised; defendant discharged because restitution or
other satisfaction was made to the injured person, pursuant to
Sections 1377 and 1378.
(c) Court found insufficient cause to believe defendant guilty of
a public offense; defendant discharged without trial pursuant to
Section 871.
(d) Dismissal due to delay; action against defendant dismissed
because the information was not filed or the action was not brought
to trial within the time allowed by Section 1381, 1381.5, or 1382.
(e) Accusation set aside pursuant to Section 995. In addition to
this dismissal label, the court shall set forth the particular
reasons for the dismissal.
(f) Defective accusation; defendant discharged pursuant to Section
1008, when the action is dismissed pursuant to that section after
demurrer is sustained, because no amendment of the accusatory
pleading is permitted or amendment is not made or filed within the
time allowed.
(g) Defendant became a witness for the people and was discharged
pursuant to Section 1099.
(h) Defendant discharged at trial because of insufficient
evidence, in order to become a witness for his codefendant pursuant
to Section 1100.
(i) Judgment arrested; defendant discharged, when the court finds
defects in the accusatory pleading pursuant to Sections 1185 to 1187,
inclusive, and defendant is released pursuant to Section 1188.
(j) Judgment arrested; defendant recommitted, when the court finds
defects in the accusatory pleading pursuant to Sections 1185 to
1187, inclusive, and defendant is recommitted to answer a new
indictment or information pursuant to Section 1188.
(k) Mistrial; defendant discharged. In addition to this dismissal
label, the court shall set forth the particular reasons for its
declaration of a mistrial.
(l) Mistrial; defendant recommitted. In addition to this dismissal
label, the court shall set forth the particular reasons for its
declaration of a mistrial.
(m) Any other dismissal by which the case was terminated. In
addition to the dismissal label, the court shall set forth the
particular reasons for the disposition.



13152. Admissions or releases from detention facilities shall be
reported by the detention agency to the Department of Justice within
30 days of such action.


13153. Criminal offender record information relating to arrests for
being found in any public place under the influence of intoxicating
liquor under subdivision (f) of Section 647 shall not be reported or
maintained by the Department of Justice without special individual
justification.


13154. Each reporting agency shall report to the Department of
Justice each arrest for the commission of a public offense while in
custody in any local detention facility, or any state prison, as
provided in Chapter 4 (commencing with Section 653.75) of Title 15,
for inclusion in that person's state summary criminal history record.
The report shall include the public offense committed and a
reference indicating that the offense occurred while the person was
in custody in a local detention facility or state prison.
Information Service

13175. When a criminal justice agency supplies fingerprints, or a
fingerprint identification number, or such other personal identifiers
as the Department of Justice deems appropriate, to the Department of
Justice, such agency shall, upon request, be provided with
identification, arrest, and, where applicable, final disposition data
relating to such person within 72 hours of receipt by the Department
of Justice.



13176. When a criminal justice agency entitled to such information
supplies fingerprints, or a fingerprint identification number, or
such other personal identifiers as the Department of Justice deems
appropriate, to the Department of Justice, such agency shall, upon
request, be provided with the criminal history of such person, or the
needed portion thereof, within 72 hours of receipt by the Department
of Justice.



13177. Nothing in this chapter shall be construed to prohibit the
Department of Justice from requiring criminal justice agencies to
report any information which is required by any other statute to be
reported to the department.

[هيثم الفقى]

Access to Information


13200. Nothing in this chapter shall be construed to affect the
right of access of any person or public agency to individual criminal
offender record information that is authorized by any other
provision of law.


13201. Nothing in this chapter shall be construed to authorize
access of any person or public agency to individual criminal offender
record information unless such access is otherwise authorized by
law.


13202. Every public agency or bona fide research body immediately
concerned with the prevention or control of crime, the quality of
criminal justice, or the custody or correction of offenders may be
provided with such criminal offender record information as is
required for the performance of its duties, provided that any
material identifying individuals is not transferred, revealed, or
used for other than research or statistical activities and reports or
publications derived therefrom do not identify specific individuals,
and provided that such agency or body pays the cost of the
processing of such data as determined by the Attorney General.




13203. (a) Any criminal justice agency may release, within five
years of the arrest, information concerning an arrest or detention of
a peace officer or applicant for a position as a peace officer, as
defined in Section 830, which did not result in conviction, and for
which the person did not complete a postarrest diversion program, to
a government agency employer of that peace officer or applicant.
(b) Any criminal justice agency may release information concerning
an arrest of a peace officer or applicant for a position as a peace
officer, as defined in Section 830, which did not result in
conviction but for which the person completed a postarrest diversion
program or a deferred entry of judgment program, or information
concerning a referral to and participation in any postarrest
diversion program or a deferred entry of judgment program to a
government agency employer of that peace officer or applicant.
(c) Notwithstanding subdivision (a) or (b), a criminal justice
agency shall not release information under the following
circumstances:
(1) Information concerning an arrest for which diversion or
deferred entry of judgment has been ordered without attempting to
determine whether diversion or a deferred entry of judgment program
has been successfully completed.
(2) Information concerning an arrest or detention followed by a
dismissal or release without attempting to determine whether the
individual was exonerated.
(3) Information concerning an arrest without a disposition without
attempting to determine whether diversion or a deferred entry of
judgment program has been successfully completed or the individual
was exonerated.

[هيثم الفقى]

Local Summary Criminal History Information


13300. (a) As used in this section:
(1) "Local summary criminal history information" means the master
record of information compiled by any local criminal justice agency
pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of
Part 4 pertaining to the identification and criminal history of any
person, such as name, date of birth, physical description, dates of
arrests, arresting agencies and booking numbers, charges,
dispositions, and similar data about the person.
(2) "Local summary criminal history information" does not refer to
records and data compiled by criminal justice agencies other than
that local agency, nor does it refer to records of complaints to or
investigations conducted by, or records of intelligence information
or security procedures of, the local agency.
(3) "Local agency" means a local criminal justice agency.
(b) A local agency shall furnish local summary criminal history
information to any of the following, when needed in the course of
their duties, provided that when information is furnished to assist
an agency, officer, or official of state or local government, a
public utility, or any entity, in fulfilling employment,
certification, or licensing duties, Chapter 1321 of the Statutes of
1974 and Section 432.7 of the Labor Code shall apply:
(1) The courts of the state.
(2) Peace officers of the state, as defined in Section 830.1,
subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and
(j) of Section 830.3, and subdivisions (a), (b), and (c) of Section
830.5.
(3) District attorneys of the state.
(4) Prosecuting city attorneys of any city within the state.
(5) City attorneys pursuing civil gang injunctions pursuant to
Section 186.22a, or drug abatement actions pursuant to Section 3479
or 3480 of the Civil Code, or Section 11571 of the Health and Safety
Code.
(6) Probation officers of the state.
(7) Parole officers of the state.
(8) A public defender or attorney of record when representing a
person in proceedings upon a petition for a certificate of
rehabilitation and pardon pursuant to Section 4852.08.
(9) A public defender or attorney of record when representing a
person in a criminal case and when authorized access by statutory or
decisional law.
(10) Any agency, officer, or official of the state when the local
summary criminal history information is required to implement a
statute, regulation, or ordinance that expressly refers to specific
criminal conduct applicable to the subject person of the local
summary criminal history information, and contains requirements or
exclusions, or both, expressly based upon the specified criminal
conduct.
(11) Any city, county, city and county, or district, or any
officer or official thereof, when access is needed in order to assist
the agency, officer, or official in fulfilling employment,
certification, or licensing duties, and when the access is
specifically authorized by the city council, board of supervisors, or
governing board of the city, county, or district when the local
summary criminal history information is required to implement a
statute, regulation, or ordinance that expressly refers to specific
criminal conduct applicable to the subject person of the local
summary criminal history information, and contains requirements or
exclusions, or both, expressly based upon the specified criminal
conduct.
(12) The subject of the local summary criminal history
information.
(13) Any person or entity when access is expressly authorized by
statute when the local summary criminal history information is
required to implement a statute, regulation, or ordinance that
expressly refers to specific criminal conduct applicable to the
subject person of the local summary criminal history information, and
contains requirements or exclusions, or both, expressly based upon
the specified criminal conduct.
(14) Any managing or supervising correctional officer of a county
jail or other county correctional facility.
(15) Local child support agencies established by Section 17304 of
the Family Code. When a local child support agency closes a support
enforcement case containing summary criminal history information, the
agency shall delete or purge from the file and destroy any documents
or information concerning or arising from offenses for or of which
the parent has been arrested, charged, or convicted, other than for
offenses related to the parents having failed to provide support for
the minor children, consistent with Section 17531 of the Family Code.

(16) County child welfare agency personnel who have been delegated
the authority of county probation officers to access state summary
criminal information pursuant to Section 272 of the Welfare and
Institutions Code for the purposes specified in Section 16504.5 of
the Welfare and Institutions Code.
(c) The local agency may furnish local summary criminal history
information, upon a showing of a compelling need, to any of the
following, provided that when information is furnished to assist an
agency, officer, or official of state or local government, a public
utility, or any entity, in fulfilling employment, certification, or
licensing duties, Chapter 1321 of the Statutes of 1974 and Section
432.7 of the Labor Code shall apply:
(1) Any public utility, as defined in Section 216 of the Public
Utilities Code, which operates a nuclear energy facility when access
is needed to assist in employing persons to work at the facility,
provided that, if the local agency supplies the information, it shall
furnish a copy of this information to the person to whom the
information relates.
(2) To a peace officer of the state other than those included in
subdivision (b).
(3) To a peace officer of another country.
(4) To public officers, other than peace officers, of the United
States, other states, or possessions or territories of the United
States, provided that access to records similar to local summary
criminal history information is expressly authorized by a statute of
the United States, other states, or possessions or territories of the
United States when this information is needed for the performance of
their official duties.
(5) To any person when disclosure is requested by a probation,
parole, or peace officer with the consent of the subject of the local
summary criminal history information and for purposes of furthering
the rehabilitation of the subject.
(6) The courts of the United States, other states, or territories
or possessions of the United States.
(7) Peace officers of the United States, other states, or
territories or possessions of the United States.
(8) To any individual who is the subject of the record requested
when needed in conjunction with an application to enter the United
States or any foreign nation.
(9) Any public utility, as defined in Section 216 of the Public
Utilities Code, when access is needed to assist in employing persons
who will be seeking entrance to private residences in the course of
their employment. The information provided shall be limited to the
record of convictions and any arrest for which the person is released
on bail or on his or her own recognizance pending trial.
If the local agency supplies the information pursuant to this
paragraph, it shall furnish a copy of the information to the person
to whom the information relates.
Any information obtained from the local summary criminal history
is confidential and the receiving public utility shall not disclose
its contents, other than for the purpose for which it was acquired.
The local summary criminal history information in the possession of
the public utility and all copies made from it shall be destroyed 30
days after employment is denied or granted, including any appeal
periods, except for those cases where an employee or applicant is out
on bail or on his or her own recognizance pending trial, in which
case the state summary criminal history information and all copies
shall be destroyed 30 days after the case is resolved, including any
appeal periods.
A violation of any of the provisions of this paragraph is a
misdemeanor, and shall give the employee or applicant who is injured
by the violation a cause of action against the public utility to
recover damages proximately caused by the violation.
Nothing in this section shall be construed as imposing any duty
upon public utilities to request local summary criminal history
information on any current or prospective employee.
Seeking entrance to private residences in the course of employment
shall be deemed a "compelling need" as required to be shown in this
subdivision.
(10) Any city, county, city and county, or district, or any
officer or official thereof, if a written request is made to a local
law enforcement agency and the information is needed to assist in the
screening of a prospective concessionaire, and any affiliate or
associate thereof, as these terms are defined in subdivision (k) of
Section 432.7 of the Labor Code, for the purposes of consenting to,
or approving of, the prospective concessionaire's application for, or
acquisition of, any beneficial interest in a concession, lease, or
other property interest.
Any local government's request for local summary criminal history
information for purposes of screening a prospective concessionaire
and their affiliates or associates before approving or denying an
application for, or acquisition of, any beneficial interest in a
concession, lease, or other property interest is deemed a "compelling
need" as required by this subdivision. However, only local summary
criminal history information pertaining to criminal convictions may
be obtained pursuant to this paragraph.
Any information obtained from the local summary criminal history
is confidential and the receiving local government shall not disclose
its contents, other than for the purpose for which it was acquired.
The local summary criminal history information in the possession of
the local government and all copies made from it shall be destroyed
not more than 30 days after the local government's final decision to
grant or deny consent to, or approval of, the prospective
concessionaire's application for, or acquisition of, a beneficial
interest in a concession, lease, or other property interest. Nothing
in this section shall be construed as imposing any duty upon a local
government, or any officer or official thereof, to request local
summary criminal history information on any current or prospective
concessionaire or their affiliates or associates.
(d) Whenever an authorized request for local summary criminal
history information pertains to a person whose fingerprints are on
file with the local agency and the local agency has no criminal
history of that person, and the information is to be used for
employment, licensing, or certification purposes, the fingerprint
card accompanying the request for information, if any, may be stamped
"no criminal record" and returned to the person or entity making the
request.
(e) A local agency taking fingerprints of a person who is an
applicant for licensing, employment, or certification may charge a
fee not to exceed ten dollars ($10) to cover the cost of taking the
fingerprints and processing the required documents.
(f) Whenever local summary criminal history information furnished
pursuant to this section is to be used for employment, licensing, or
certification purposes, the local agency shall charge the person or
entity making the request a fee which it determines to be sufficient
to reimburse the local agency for the cost of furnishing the
information, provided that no fee shall be charged to any public law
enforcement agency for local summary criminal history information
furnished to assist it in employing, licensing, or certifying a
person who is applying for employment with the agency as a peace
officer or criminal investigator. Any state agency required to pay a
fee to the local agency for information received under this section
may charge the applicant a fee sufficient to reimburse the agency for
the expense.
(g) Whenever there is a conflict, the processing of criminal
fingerprints shall take priority over the processing of applicant
fingerprints.
(h) It is not a violation of this article to disseminate
statistical or research information obtained from a record, provided
that the identity of the subject of the record is not disclosed.
(i) It is not a violation of this article to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record when the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.
(j) Notwithstanding any other law, a public prosecutor may, in
response to a written request made pursuant to Section 6253 of the
Government Code, provide information from a local summary criminal
history, if release of the information would enhance public safety,
the interest of justice, or the public's understanding of the justice
system and the person making the request declares that the request
is made for a scholarly or journalistic purpose. If a person in a
declaration required by this subdivision willfully states as true any
material fact that he or she knows to be false, he or she shall be
subject to a civil penalty not exceeding ten thousand dollars
($10,000). The requestor shall be informed in writing of this
penalty. An action to impose a civil penalty under this subdivision
may be brought by any public prosecutor and shall be enforced as a
civil judgment.
(k) Notwithstanding any other law, the Department of Justice or
any state or local law enforcement agency may require the submission
of fingerprints for the purpose of conducting summary criminal
history information record checks which are authorized by law.
(l) Any local criminal justice agency may release, within five
years of the arrest, information concerning an arrest or detention of
a peace officer or applicant for a position as a peace officer, as
defined in Section 830, which did not result in conviction, and for
which the person did not complete a postarrest diversion program or a
deferred entry of judgment program, to a government agency employer
of that peace officer or applicant.
(m) Any local criminal justice agency may release information
concerning an arrest of a peace officer or applicant for a position
as a peace officer, as defined in Section 830, which did not result
in conviction but for which the person completed a postarrest
diversion program or a deferred entry of judgment program, or
information concerning a referral to and participation in any
postarrest diversion program or a deferred entry of judgment program
to a government agency employer of that peace officer or applicant.
(n) Notwithstanding subdivision (l) or (m), a local criminal
justice agency shall not release information under the following
circumstances:
(1) Information concerning an arrest for which diversion or a
deferred entry of judgment program has been ordered without
attempting to determine whether diversion or a deferred entry of
judgment program has been successfully completed.
(2) Information concerning an arrest or detention followed by a
dismissal or release without attempting to determine whether the
individual was exonerated.
(3) Information concerning an arrest without a disposition without
attempting to determine whether diversion has been successfully
completed or the individual was exonerated.



13301. As used in this article:
(a) "Record" means the master local summary criminal history
information as defined in subdivision (a) of Section 13300, or a copy
thereof.
(b) "A person authorized by law to receive a record" means any
person or public agency authorized by a court, statute, or decisional
law to receive a record.



13302. Any employee of the local criminal justice agency who
knowingly furnishes a record or information obtained from a record to
a person who is not authorized by law to receive the record or
information is guilty of a misdemeanor.


13303. Any person authorized by law to receive a record or
information obtained from a record who knowingly furnishes the record
or information to a person who is not authorized by law to receive
the record or information is guilty of a misdemeanor.




13304. Any person, except those specifically referred to in Section
1070 of the Evidence Code, who, knowing he is not authorized by law
to receive a record or information obtained from a record, knowingly
buys, receives, or possesses the record or information is guilty of a
misdemeanor.


13305. (a) It is not a violation of this article to disseminate
statistical or research information obtained from a record, provided
that the identity of the subject of the record is not disclosed.
(b) It is not a violation of this article to disseminate
information obtained from a record for the purpose of assisting in
the apprehension of a person wanted in connection with the commission
of a crime.
(c) It is not a violation of this article to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record when the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.

[هيثم الفقى]

STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT
OFFICERS
COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING
Administration

13500. (a) There is in the Department of Justice a Commission on
Peace Officer Standards and Training, hereafter referred to in this
chapter as the commission. The commission consists of 15 members
appointed by the Governor, after consultation with, and with the
advice of, the Attorney General and with the advice and consent of
the Senate. Racial, gender, and ethnic diversity shall be considered
for all appointments to the commission.
(b) The commission shall be composed of the following members:
(1) Two members shall be (i) sheriffs or chiefs of police or peace
officers nominated by their respective sheriffs or chiefs of police,
(ii) peace officers who are deputy sheriffs or city police officers,
or (iii) any combination thereof.
(2) Three members shall be sheriffs or chiefs of police or peace
officers nominated by their respective sheriffs or chiefs of police.

(3) Four members shall be peace officers of the rank of sergeant
or below with a minimum of five years' experience as a deputy
sheriff, city police officer, marshal, or state-employed peace
officer for whom the commission sets standards. Each member shall
have demonstrated leadership in the recognized employee organization
having the right to represent the member, as set forth in the
Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500))
and the Ralph C. Dills Act (Chapter 10.5 (commencing with Section
3525)) of Division 4 of Title 1 of the Government Code.
(4) One member shall be an elected officer or chief administrative
officer of a county in this state.
(5) One member shall be an elected officer or chief administrative
officer of a city in this state.
(6) Two members shall be public members who shall not be peace
officers.
(7) One member shall be an educator or trainer in the field of
criminal justice.
(8) One member shall be a peace officer in California of the rank
of sergeant or below with a minimum of five years experience as a
deputy sheriff, city police officer, marshal, or state-employed peace
officer for whom the commission sets standards. This member shall
have demonstrated leadership in a California-based law enforcement
association that is also a presenter of POST-certified law
enforcement training that advances the professionalism of peace
officers in California.
(c) The Attorney General shall be an ex officio member of the
commission.
(d) Of the members first appointed by the Governor, three shall be
appointed for a term of one year, three for a term of two years, and
three for a term of three years. Their successors shall serve for a
term of three years and until appointment and qualification of their
successors, each term to commence on the expiration date of the term
of the predecessor.
(e) The additional member provided for by the Legislature in its
1973 -74 Regular Session shall be appointed by the Governor on or
before January 15, 1975, and shall serve for a term of three years.
(f) The additional member provided for by the Legislature in its
1977-78 Regular Session shall be appointed by the Governor on or
after July 1, 1978, and shall serve for a term of three years.
(g) The additional members provided for by the Legislature in its
1999-2000 Regular Session shall be appointed by the Governor on or
before July 1, 2000, and shall serve for a term of three years.
(h) The additional member provided for by the Legislature in its
2007 -08 Regular Session shall be appointed by the Governor on or
before January 31, 2008, and shall serve for a term of three years.



13501. The commission shall select a chairman and a vice chairman
from among its members. A majority of the members of the commission
shall constitute a quorum.



13502. Members of the commission 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 commission shall be
deemed performance by a member of the duties of his local
governmental employment.



13503. In carrying out its duties and responsibilities, the
commission shall have all of the following powers:
(a) To meet at those times and places as it may deem proper.
(b) To employ an executive secretary and, pursuant to civil
service, those clerical and technical assistants as may be necessary.

(c) To contract with other agencies, public or private, or persons
as it deems necessary, for the rendition and affording of those
services, facilities, studies, and reports to the commission as will
best assist it to carry out its duties and responsibilities.
(d) To cooperate with and to secure the cooperation of county,
city, city and county, and other local law enforcement agencies in
investigating any matter within the scope of its duties and
responsibilities, and in performing its other functions.
(e) To develop and implement programs to increase the
effectiveness of law enforcement and when those programs involve
training and education courses to cooperate with and secure the
cooperation of state-level officers, agencies, and bodies having
jurisdiction over systems of public higher education in continuing
the development of college-level training and education programs.
(f) To cooperate with and secure the cooperation of every
department, agency, or instrumentality in the state government.
(g) To do any and all things necessary or convenient to enable it
fully and adequately to perform its duties and to exercise the power
granted to it.
(h) The commission shall not have the authority to adopt or carry
out a regulation that authorizes the withdrawal or revocation of a
certificate previously issued to a peace officer pursuant to this
chapter.
(i) Except as specifically provided by law, the commission shall
not have the authority to cancel a certificate previously issued to a
peace officer pursuant to this chapter.



13504. The Attorney General shall, so far as compatible with other
demands upon the personnel in the Department of Justice, make
available to the commission the services of such personnel to assist
the commission in the execution of the duties imposed upon it by this
chapter.



13505. In exercising its functions, the commission shall endeavor
to minimize costs of administration so that a maximum of funds will
be expended for the purpose of providing training and other services
to local law enforcement agencies. All expenses shall be a proper
charge against the revenue accruing under Article 3 (commencing with
Section 13520).



13506. The commission may adopt those regulations as are necessary
to carry out the purposes of this chapter. The commission shall not
have the authority to adopt or carry out a regulation that authorizes
the withdrawal or revocation of a certificate previously issued to a
peace officer pursuant to this chapter. Except as specifically
provided by law, the commission shall not have the authority to adopt
regulations providing for the cancellation of a certificate.



13507. As used in this chapter, "district" means any of the
following:
(a) A regional park district.
(b) A district authorized by statute to maintain a police
department.
(c) The University of California.
(d) The California State University and Colleges.
(e) A community college district.
(f) A school district.
(g) A transit district.
(h) A harbor district.



13508. (a) The commission shall do each of the following:
(1) Establish a learning technology laboratory that would conduct
pilot projects with regard to needed facilities and otherwise
implement modern instructional technology to improve the
effectiveness of law enforcement training.
(2) Develop an implementation plan for the acquisition of law
enforcement facilities and technology. In developing this plan, the
commission shall consult with appropriate law enforcement and
training organizations. The implementation plan shall include each
of the following items:
(A) An evaluation of pilot and demonstration projects.
(B) Recommendations for the establishment of regional skills
training centers, training conference centers, and the use of modern
instructional technology.
(C) A recommended financing structure.
(b) The commission may enter into joint powers agreements with
other governmental agencies for the purpose of developing and
deploying needed technology and facilities.
(c) Any pilot project conducted pursuant to this section shall
terminate on or before January 1, 1995, unless funding is provided
for the project continuation.

[هيثم الفقى]

Field Services and Standards for Recruitment
and Training

13510. (a) For the purpose of raising the level of competence of
local law enforcement officers, the commission shall adopt, and may
from time to time amend, rules establishing minimum standards
relating to physical, mental, and moral fitness that shall govern the
recruitment of any city police officers, peace officer members of a
county sheriff's office, marshals or deputy marshals of a municipal
court, peace officer members of a county coroner's office
notwithstanding Section 13526, reserve officers, as defined in
subdivision (a) of Section 830.6, police officers of a district
authorized by statute to maintain a police department, peace officer
members of a police department operated by a joint powers agency
established by Article 1 (commencing with Section 6500) of Chapter 5
of Division 7 of Title 1 of the Government Code, regularly employed
and paid inspectors and investigators of a district attorney's
office, as defined in Section 830.1, who conduct criminal
investigations, peace officer members of a district, safety police
officers and park rangers of the County of Los Angeles, as defined in
subdivisions (a) and (b) of Section 830.31, or housing authority
police departments.
The commission also shall adopt, and may from time to time amend,
rules establishing minimum standards for training of city police
officers, peace officer members of county sheriff's offices, marshals
or deputy marshals of a municipal court, peace officer members of a
county coroner's office notwithstanding Section 13526, reserve
officers, as defined in subdivision (a) of Section 830.6, police
officers of a district authorized by statute to maintain a police
department, peace officer members of a police department operated by
a joint powers agency established by Article 1 (commencing with
Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government
Code, regularly employed and paid inspectors and investigators of a
district attorney's office, as defined in Section 830.1, who conduct
criminal investigations, peace officer members of a district, safety
police officers and park rangers of the County of Los Angeles, as
defined in subdivisions (a) and (b) of Section 830.31, and housing
authority police departments.
These rules shall apply to those cities, counties, cities and
counties, and districts receiving state aid pursuant to this chapter
and 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) The commission shall conduct research concerning job-related
educational standards and job-related selection standards to include
vision, hearing, physical ability, and emotional stability.
Job-related standards that are supported by this research shall be
adopted by the commission prior to January 1, 1985, and shall apply
to those peace officer classes identified in subdivision (a). The
commission shall consult with local entities during the conducting of
related research into job-related selection standards.
(c) For the purpose of raising the level of competence of local
public safety dispatchers, the commission shall adopt, and may from
time to time amend, rules establishing minimum standards relating to
the recruitment and training of local public safety dispatchers
having a primary responsibility for providing dispatching services
for local law enforcement agencies described in subdivision (a),
which standards shall apply to those cities, counties, cities and
counties, and districts receiving state aid pursuant to this chapter.
These standards also shall apply to consolidated dispatch centers
operated by an independent public joint powers agency established
pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of
Division 7 of Title 1 of the Government Code when providing dispatch
services to the law enforcement personnel listed in subdivision (a).
Those 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. As used in this section, "primary
responsibility" refers to the performance of law enforcement
dispatching duties for a minimum of 50 percent of the time worked
within a pay period.
(d) Nothing in this section shall prohibit a local agency from
establishing selection and training standards that exceed the minimum
standards established by the commission.



13510.1. (a) The commission shall establish a certification program
for peace officers specified in Sections 13510 and 13522 and for the
California Highway Patrol. Certificates of the commission
established pursuant to this section shall be considered professional
certificates.
(b) Basic, intermediate, advanced, supervisory, management, and
executive certificates shall be established for the purpose of
fostering professionalization, education, and experience necessary to
adequately accomplish the general police service duties performed by
peace officer members of city police departments, county sheriffs'
departments, districts, university and state university and college
departments, or by the California Highway Patrol.
(c) (1) Certificates shall be awarded on the basis of a
combination of training, education, experience, and other
prerequisites, as determined by the commission.
(2) In determining whether an applicant for certification has the
requisite education, the commission shall recognize as acceptable
college education only the following:
(A) Education provided by a community college, college, or
university which has been accredited by the department of education
of the state in which the community college, college, or university
is located or by a recognized national or regional accrediting body.

(B) Until January 1, 1998, educational courses or degrees provided
by a nonaccredited but state-approved college that offers programs
exclusively in criminal justice.
(d) Persons who are determined by the commission to be eligible
peace officers may make application for the certificates, provided
they are employed by an agency which participates in the Peace
Officer Standards and Training (POST) program.
(e) The commission shall have the authority to cancel any
certificate that has been obtained through misrepresentation or fraud
or that was issued as the result of an administrative error on the
part of the commission or the employing agency.



13510.2. Any person who knowingly commits any of the following acts
is guilty of a misdemeanor, and for each offense is punishable by a
fine of not more than one thousand dollars ($1,000) or imprisonment
in the county jail not to exceed one year, or by both a fine and
imprisonment:
(a) Presents or attempts to present as the person's own the
certificate of another.
(b) Knowingly permits another to use his or her certificate.
(c) Knowingly gives false evidence of any material kind to the
commission, or to any member thereof, including the staff, in
obtaining a certificate.
(d) Uses, or attempts to use, a canceled certificate.




13510.3. (a) The commission shall establish, by December 31, 1997,
and in consultation with representatives of law enforcement
organizations, a voluntary professional certification program for law
enforcement records supervisors who have primary responsibility for
providing records supervising services for local law enforcement
agencies. The certificate or certificates shall be based upon
standards related to the education, training, and experience of law
enforcement records supervisors and shall serve to foster
professionalism and recognition of achievement and competency.
(b) As used in this section, "primary responsibility" refers to
the performance of law enforcement records supervising duties for a
minimum of 50 percent of the time worked within a pay period.



13510.5. For the purpose of maintaining the level of competence of
state law enforcement officers, the commission shall adopt, and may,
from time to time amend, rules establishing minimum standards for
training of peace officers as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who are employed by any railroad
company, the California State Police Division, the University of
California Police Department, a California State University police
department, the Department of Alcoholic Beverage Control, the
Division of Investigation of the Department of Consumer Affairs, the
Wildlife Protection Branch of the Department of Fish and Game, the
Department of Forestry and Fire Protection, including the Office of
the State Fire Marshal, the Department of Motor Vehicles, the
California Horse Racing Board, the Bureau of Food and Drug, the
Division of Labor Law Enforcement, the Director of Parks and
Recreation, the State Department of Health Services, the Department
of Toxic Substances Control, the State Department of Social Services,
the State Department of Mental Health, the State Department of
Developmental Services, the State Department of Alcohol and Drug
Programs, the Office of Statewide Health Planning and Development,
and the Department of Justice. All 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.




13510.7. (a) Whenever any person holding a certificate issued
pursuant to Section 13510.1 is determined to be disqualified from
holding office or being employed as a peace officer for the reasons
set forth in subdivision (a) of Section 1029 of the Government Code,
and the person has exhausted or waived his or her appeal, pursuant to
Section 1237 or Section 1237.5, from the conviction or finding that
forms the basis for or accompanies his or her disqualification, the
commission shall cause the following to be entered in the commission'
s training record for that person: "THIS PERSON IS INELIGIBLE TO BE
A PEACE OFFICER IN CALIFORNIA PURSUANT TO GOVERNMENT CODE SECTION
1029(a)."
(b) Whenever any person who is required to possess a basic
certificate issued by the commission pursuant to Section 832.4 or who
is subject to subdivision (a) of Section 13510.1 is determined to be
disqualified from holding office or being employed as a peace
officer for the reasons set forth in subdivision (a) of Section 1029
of the Government Code, the commission shall notify the law
enforcement agency that employs the person that the person is
ineligible to be a peace officer in California pursuant to
subdivision (a) of Section 1029 of the Government Code. The person's
basic certificate shall be null and void and the commission shall
enter this information in the commission's training record for that
person.
(c) After the time for filing a notice of appeal has passed, or
where the remittitur has been issued following the filing of a notice
of appeal, in a criminal case establishing the ineligibility of a
person to be a peace officer as specified in subdivision (c), the
commission shall reinstate a person's basic certificate in the event
a conviction of the offense requiring or accompanying ineligibility
is subsequently overturned or reversed by the action of a court of
competent jurisdiction.
(d) Upon request of a person who is eligible for reinstatement
pursuant to paragraph (2) of subdivision (b) of Section 1029 of the
Government Code because of successful completion of probation
pursuant to Section 1210.1 of the Penal Code, the court having
jurisdiction over the matter in which probation was ordered pursuant
to Section 1210.1 shall notify the commission of the successful
completion and the misdemeanor nature of the person's conviction.
The commission shall thereupon reinstate the person's eligibility.
Reinstatement of eligibility in the person's training record shall
not create a mandate that the person be hired by any agency.




13511. (a) In establishing standards for training, the commission
shall, so far as consistent with the purposes of this chapter, permit
required training to be obtained at institutions approved by the
commission.
(b) In those instances where individuals have acquired prior
comparable peace officer training, the commission shall, adopt
regulations providing for alternative means for satisfying the
training required by Section 832.3. The commission shall charge a
fee to cover administrative costs associated with the testing
conducted under this subdivision.



13511.3. The commission may evaluate and approve pertinent training
previously completed by any jurisdiction's law enforcement officers
as meeting current training requirements prescribed by the commission
pursuant to this chapter. The evaluations performed by the
commission shall conform to the standards established under this
chapter.



13511.5. Each applicant for admission to a basic course of training
certified by the Commission on Peace Officer Standards and Training
that includes the carrying and use of firearms, as prescribed by
subdivision (a) of Section 832 and subdivision (a) of Section 832.3,
who is not sponsored by a local or other law enforcement agency, or
is not a peace officer employed by a state or local agency,
department, or district, shall be required to submit written
certification from the Department of Justice pursuant to Sections
11122, 11123, and 11124 that the applicant has no criminal history
background which would disqualify him or her, pursuant to Section
12021 or 12021.1 of this code, or Section 8100 or 8103 of the Welfare
and Institutions Code, from owning, possessing, or having under his
or her control a firearm.



13512. The commission shall make such inquiries as may be necessary
to determine whether every city, county, city and county, and
district receiving state aid pursuant to this chapter is adhering to
the standards for recruitment and training established pursuant to
this chapter.



13513. Upon the request of a local jurisdiction, the commission
shall provide a counseling service to such local jurisdiction for the
purpose of improving the administration, management or operations of
a police agency and may aid such jurisdiction in implementing
improved practices and techniques.



13514. The commission shall prepare a course of instruction for the
training of peace officers in the use of tear gas. Such course of
instruction may be given, upon approval by the commission, by any
agency or institution engaged in the training or instruction of peace
officers.


13514.1. (a) On or before July 1, 2005, the commission shall
develop and disseminate guidelines and standardized training
recommendations for all law enforcement officers, supervisors, and
managers whose agency assigns them to perform, supervise, or manage
Special Weapons and Tactics (SWAT) operations. The guidelines and
standardized training recommendations shall be available for use by
law enforcement agencies that conduct SWAT operations.
(b) The training and guidelines shall be developed in consultation
with law enforcement officers, the Attorney General's office,
supervisors, and managers, SWAT trainers, legal advisers, and others
selected by the commission. Development of the training and
guidelines shall include consideration of the recommendations
contained in the Attorney General's Commission on Special Weapons and
Tactics (S.W.A.T.) Final Report of 2002.
(c) The standardized training recommendations shall at a minimum
include initial training requirements for SWAT operations, refresher
or advanced training for experienced SWAT members, and supervision
and management of SWAT operations.
(d) The guidelines shall at minimum address legal and practical
issues of SWAT operations, personnel selection, fitness requirements,
planning, hostage negotiation, tactical issues, safety, rescue
methods, after-action evaluation of operations, logistical and
resource needs, uniform and firearms requirements, risk assessment,
policy considerations, and multijurisdictional SWAT operations.
(e) The guidelines shall provide procedures for approving the
prior training of officers, supervisors, and managers that meet the
standards and guidelines developed by the commission pursuant to this
section, in order to avoid duplicative training.



13514.5. (a) The commission shall implement on or before July 1,
1999, a course or courses of instruction for the training of law
enforcement officers in the handling of acts of civil disobedience
and adopt guidelines that may be followed by police agencies in
responding to acts of civil disobedience.
(b) The course of training for law enforcement officers shall
include adequate consideration of all of the following subjects:
(1) Reasonable use of force.
(2) Dispute resolution.
(3) Nature and extent of civil disobedience, whether it be passive
or active resistance.
(4) Media relations.
(5) Public and officer safety.
(6) Documentation, report writing, and evidence collection.
(7) Crowd control.
(c) (1) All law enforcement officers who have received their basic
training before July 1, 1999, may participate in supplementary
training on responding to acts of civil disobedience, as prescribed
and certified by the commission.
(2) Law enforcement agencies are encouraged to include, as part of
their advanced officer training program, periodic updates and
training on responding to acts of civil disobedience. The commission
shall assist these agencies where possible.
(d) (1) The course of instruction, the learning and performance
objectives, the standards for the training and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having expertise in responding to acts of
civil disobedience. The groups and individuals shall include, but
not be limited to, law enforcement agencies, police academy
instructors, subject matter experts and members of the public.
Different regional interests such as rural, suburban, and urban
interests may be represented by the participating parties.
(2) The commission, in consultation with the groups and
individuals described in paragraph (1), shall review existing
training programs to determine in what ways civil disobedience
training may be included as part of ongoing programs.
(e) As used in this section, "law enforcement officer" means any
peace officer as defined in Chapter 4.5 (commencing with Section 830)
of Title 3.
(f) It is the intent of the Legislature in enacting this section
to provide law enforcement officers with additional training so as to
control acts of civil disobedience with reasonable use of force and
to ensure public and officer safety with minimum disruption to
commerce and community affairs.
(g) It is also the intent of the Legislature in enacting this
section that the guidelines to be developed by the commission should
take into consideration the roles and responsibilities of all law
enforcement officers responding to acts of civil disobedience.



13515. Every city police officer or deputy sheriff at a supervisory
level and below who is assigned field or investigative duties shall
complete an elder and dependent adult abuse training course certified
by the Commission on Peace Officer Standards and Training within 18
months of assignment to field duties. Completion of the course may
be satisfied by telecourse, video training tape, or other
instruction. The training shall, at a minimum, include all of the
following subjects:
(a) Relevant laws.
(b) Recognition of elder and dependent adult abuse.
(c) Reporting requirements and procedures.
(d) Neglect of elders and dependent adults.
(e) Fraud of elders and dependent adults.
(f) Physical abuse of elders and dependent adults.
(g) Psychological abuse of elders and dependent adults.
(h) The role of the local adult protective services and public
guardian offices.



13515.25. (a) By July 1, 2006, the Commission on Peace Officer
Standards and Training shall establish and keep updated a continuing
education classroom training course relating to law enforcement
interaction with mentally disabled persons. The training course
shall be developed by the commission in consultation with appropriate
community, local, and state organizations and agencies that have
expertise in the area of mental illness and developmental disability,
and with appropriate consumer and family advocate groups. In
developing the course, the commission shall also examine existing
courses certified by the commission that relate to mentally disabled
persons. The commission shall make the course available to law
enforcement agencies in California.
(b) The course described in subdivision (a) shall consist of
classroom instruction and shall utilize interactive training methods
to ensure that the training is as realistic as possible. The course
shall include, at a minimum, core instruction in all of the
following:
(1) The cause and nature of mental illnesses and developmental
disabilities.
(2) How to identify indicators of mental disability and how to
respond appropriately in a variety of common situations.
(3) Conflict resolution and de-escalation techniques for
potentially dangerous situations involving mentally disabled persons.

(4) Appropriate language usage when interacting with mentally
disabled persons.
(5) Alternatives to lethal force when interacting with potentially
dangerous mentally disabled persons.
(6) Community and state resources available to serve mentally
disabled persons and how these resources can be best utilized by law
enforcement to benefit the mentally disabled community.
(7) The fact that a crime committed in whole or in part because of
an actual or perceived disability of the victim is a hate crime
punishable under Title 11.6 (commencing with Section 422.55) of Part
1.
(c) The commission shall submit a report to the Legislature by
October 1, 2004, that shall include all of the following:
(1) A description of the process by which the course was
established, including a list of the agencies and groups that were
consulted.
(2) Information on the number of law enforcement agencies that
utilized, and the number of officers that attended, the course or
other courses certified by the commission relating to mentally
disabled persons from July 1, 2001, to July 1, 2003, inclusive.
(3) Information on the number of law enforcement agencies that
utilized, and the number of officers that attended, courses certified
by the commission relating to mentally disabled persons from July 1,
2000, to July 1, 2001, inclusive.
(4) An analysis of the Police Crisis Intervention Training (CIT)
Program used by the San Francisco and San Jose Police Departments, to
assess the training used in these programs and compare it with
existing courses offered by the commission in order to evaluate the
adequacy of mental disability training available to local law
enforcement officers.
(d) The Legislature encourages law enforcement agencies to include
the course created in this section, and any other course certified
by the commission relating to mentally disabled persons, as part of
their advanced officer training program.
(e) It is the intent of the Legislature to reevaluate, on the
basis of its review of the report required in subdivision (c), the
extent to which law enforcement officers are receiving adequate
training in how to interact with mentally disabled persons.




13515.55. Every city police officer or deputy sheriff at a
supervisory level who is assigned field or investigative duties shall
complete a high technology crimes and computer seizure training
course certified by the Commission on Peace Officer Standards and
Training by January 1, 2000, or within 18 months of assignment to
supervisory duties. Completion of the course may be satisfied by
telecourse, video training tape, or other instruction. This training
shall be offered to all city police officers and deputy sheriffs as
part of continuing professional training. The training shall, at a
minimum, address relevant laws, recognition of high technology
crimes, and computer evidence collection and preservation.




13516. (a) The commission shall prepare guidelines establishing
standard procedures which may be followed by police agencies in the
investigation of ***ual assault cases, and cases involving the ***ual
exploitation or ***ual abuse of children, including, police response
to, and treatment of, victims of these crimes.
(b) The course of training leading to the basic certificate issued
by the commission shall, on and after July 1, 1977, include adequate
instruction in the procedures described in subdivision (a). No
reimbursement shall be made to local agencies based on attendance on
or after that date at any course which does not comply with the
requirements of this subdivision.
(c) The commission shall prepare and implement a course for the
training of specialists in the investigation of ***ual assault cases,
child ***ual exploitation cases, and child ***ual abuse cases.
Officers assigned to investigation duties which include the handling
of cases involving the ***ual exploitation or ***ual abuse of
children, shall successfully complete that training within six months
of the date the assignment was made.
(d) It is the intent of the Legislature in the enactment of this
section to encourage the establishment of *** crime investigation
units in police agencies throughout the state, which units shall
include, but not be limited to, investigating crimes involving the
***ual exploitation and ***ual abuse of children.
(e) It is the further intent of the Legislature in the enactment
of this section to encourage the establishment of investigation
guidelines that take into consideration the sensitive nature of the
***ual exploitation and ***ual abuse of children with respect to both
the accused and the alleged victim.


13517. (a) The commission shall prepare guidelines establishing
standard procedures which may be followed by police agencies in the
detection, investigation, and response to cases in which a minor is a
victim of an act of abuse or neglect prohibited by this code. The
guidelines shall include procedures for determining whether or not a
child should be taken into protective custody. The guidelines shall
also include procedures for minimizing the number of times a child is
interviewed by law enforcement personnel.
(b) The course of training leading to the basic certificate issued
by the commission shall, not later than July 1, 1979, include
adequate instruction in the procedures described in subdivision (a).

(c) The commission shall prepare and implement an optional course
of training of specialists in the investigation of cases in which a
minor is a victim of an act of abuse or neglect prohibited by this
code.
(d) The commission shall consult with the State Office of Child
Abuse Prevention in developing the guidelines and optional course of
training.


13517.5. The commission shall prepare guidelines establishing
standard procedures which may be followed by police agencies and
prosecutors in interviewing minor witnesses.



13517.7. (a) The commission shall develop guidelines and training
for use by state and local law enforcement officers to address issues
related to child safety when a caretaker parent or guardian is
arrested.
(b) The guidelines and training shall, at a minimum, address the
following subjects:
(1) Procedures to ensure that officers and custodial employees
inquire whether an arrestee has minor dependent children without
appropriate supervision.
(2) Authorizing additional telephone calls by arrestees so that
they may arrange for the care of minor dependent children.
(3) Use of county child welfare services, as appropriate, and
other similar service providers to assist in the placement of
dependent children when the parent or guardian is unable or unwilling
to arrange suitable care for the child or children.
(4) Identification of local government or nongovernmental agencies
able to provide appropriate custodial services.
(5) Temporary supervision of minor children to ensure their safety
and well-being.
(6) Sample procedures to assist state and local law enforcement
agencies to develop ways to ensure the safety and well-being of
children when the parent or guardian has been arrested.
(c) The commission shall use appropriate subject matter experts,
including representatives of law enforcement and county child welfare
agencies, in developing the guidelines and training required by this
section.



13518. (a) Every city police officer, sheriff, deputy sheriff,
marshal, deputy marshal, peace officer member of the Department of
the California Highway Patrol, and police officer of a district
authorized by statute to maintain a police department, except those
whose duties are primarily clerical or administrative, shall meet the
training standards prescribed by the Emergency Medical Services
Authority for the administration of first aid and cardiopulmonary
resuscitation. This training shall include instruction in the use of
a portable manual mask and airway assembly designed to prevent the
spread of communicable diseases. In addition, satisfactory
completion of periodic refresher training or appropriate testing in
cardiopulmonary resuscitation and other first aid as prescribed by
the Emergency Medical Services Authority shall also be required.
(b) The course of training leading to the basic certificate issued
by the commission shall include adequate instruction in the
procedures described in subdivision (a). No reimbursement shall be
made to local agencies based on attendance at any such course which
does not comply with the requirements of this subdivision.
(c) As used in this section, "primarily clerical or administrative"
means the performance of clerical or administrative duties for a
minimum of 90 percent of the time worked within a pay period.



13518.1. In order to prevent the spread of communicable disease,
every law enforcement agency employing peace officers described in
subdivision (a) of Section 13518 shall provide to each of these peace
officers an appropriate portable manual mask and airway assembly for
use when applying cardiopulmonary resuscitation.




13519. (a) The commission shall implement by January 1, 1986, a
course or courses of instruction for the training of law enforcement
officers in California in the handling of domestic violence
complaints and also shall develop guidelines for law enforcement
response to domestic violence. The course or courses of instruction
and the guidelines shall stress enforcement of criminal laws in
domestic violence situations, availability of civil remedies and
community resources, and protection of the victim. Where appropriate,
the training presenters shall include domestic violence experts with
expertise in the delivery of direct services to victims of domestic
violence, including utilizing the staff of shelters for battered
women in the presentation of training.
(b) As used in this section, "law enforcement officer" means any
officer or employee of a local police department or sheriff's office,
any peace officer of the Department of Parks and Recreation, as
defined in subdivision (f) of Section 830.2, any peace officer of the
University of California Police Department, as defined in
subdivision (b) of Section 830.2, any peace officer of the California
State University Police Departments, as defined in subdivision (c)
of Section 830.2, a peace officer, as defined in subdivision (d) of
Section 830.31, or a peace officer as defined in subdivisions (a) and
(b) of Section 830.32.
(c) The course of basic training for law enforcement officers
shall, no later than January 1, 1986, include adequate instruction in
the procedures and techniques described below:
(1) The provisions set forth in Title 5 (commencing with Section
13700) relating to response, enforcement of court orders, and data
collection.
(2) The legal duties imposed on peace officers to make arrests and
offer protection and assistance including guidelines for making
felony and misdemeanor arrests.
(3) Techniques for handling incidents of domestic violence that
minimize the likelihood of injury to the officer and that promote the
safety of the victim.
(4) The nature and extent of domestic violence.
(5) The signs of domestic violence.
(6) The legal rights of, and remedies available to, victims of
domestic violence.
(7) The use of an arrest by a private person in a domestic
violence situation.
(8) Documentation, report writing, and evidence collection.
(9) Domestic violence diversion as provided in Chapter 2.6
(commencing with Section 1000.6) of Title 6 of Part 2.
(10) Tenancy issues and domestic violence.
(11) The impact on children of law enforcement intervention in
domestic violence.
(12) The services and facilities available to victims and
batterers.
(13) The use and applications of this code in domestic violence
situations.
(14) Verification and enforcement of temporary restraining orders
when (A) the suspect is present and (B) the suspect has fled.
(15) Verification and enforcement of stay-away orders.
(16) Cite and release policies.
(17) Emergency assistance to victims and how to assist victims in
pursuing criminal justice options.
(d) The guidelines developed by the commission shall also
incorporate the foregoing factors.
(e) (1) All law enforcement officers who have received their basic
training before January 1, 1986, shall participate in supplementary
training on domestic violence subjects, as prescribed and certified
by the commission.
(2) Except as provided in paragraph (3), the training specified in
paragraph (1) shall be completed no later than January 1, 1989.
(3) (A) The training for peace officers of the Department of Parks
and Recreation, as defined in subdivision (g) of Section 830.2,
shall be completed no later than January 1, 1992.
(B) The training for peace officers of the University of
California Police Department and the California State University
Police Departments, as defined in Section 830.2, shall be completed
no later than January 1, 1993.
(C) The training for peace officers employed by a housing
authority, as defined in subdivision (d) of Section 830.31, shall be
completed no later than January 1, 1995.
(4) Local law enforcement agencies are encouraged to include, as a
part of their advanced officer training program, periodic updates
and training on domestic violence. The commission shall assist where
possible.
(f) (1) The course of instruction, the learning and performance
objectives, the standards for the training, and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having an interest and expertise in the field
of domestic violence. The groups and individuals shall include, but
shall not be limited to, the following: one representative each from
the California Peace Officers' Association, the Peace Officers'
Research Association of California, the State Bar of California, the
California Women Lawyers' Association, and the State Commission on
the Status of Women; two representatives from the commission; two
representatives from the California Partnership to End Domestic
Violence; two peace officers, recommended by the commission, who are
experienced in the provision of domestic violence training; and two
domestic violence experts, recommended by the California Partnership
to End Domestic Violence, who are experienced in the provision of
direct services to victims of domestic violence and at least one
representative of service providers serving the lesbian, gay,
bi***ual, and transgender community in connection with domestic
violence. At least one of the persons selected shall be a former
victim of domestic violence.
(2) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine in
what ways domestic violence training might be included as a part of
ongoing programs.
(g) Each law enforcement officer below the rank of supervisor who
is assigned to patrol duties and would normally respond to domestic
violence calls or incidents of domestic violence shall complete,
every two years, an updated course of instruction on domestic
violence that is developed according to the standards and guidelines
developed pursuant to subdivision (d). The instruction required
pursuant to this subdivision shall be funded from existing resources
available for the training required pursuant to this section. It is
the intent of the Legislature not to increase the annual training
costs of local government entities.


13519.05. (a) The commission shall implement by January 1, 2002, a
course or courses of instruction for the training of law enforcement
officers in California in the handling of stalking complaints and
also shall develop guidelines for law enforcement response to
stalking. The course or courses of instruction and the guidelines
shall stress enforcement of criminal laws in stalking situations,
availability of civil remedies and community resources, and
protection of the victim. Where appropriate, the training presenters
shall include stalking experts with expertise in the delivery of
direct services to victims of stalking. Completion of the course may
be satisfied by telecommunication, video training tape, or other
instruction.
(b) (1) As used in this section, "law enforcement officer" means
any officer or employee of a local police department or sheriff's
office, any peace officer of the Department of Parks and Recreation,
as defined in subdivision (f) of Section 830.2, any peace officer of
the University of California Police Department, as defined in
subdivision (b) of Section 830.2, any peace officer of the California
State University Police Departments, as defined in subdivision (c)
of Section 830.2, a peace officer, as defined in subdivision (d) of
Section 830.31, or a peace officer as defined in subdivisions (a) and
(b) of Section 830.32.
(2) As used in this section, "stalking" means the offense defined
in Section 646.9.
(c) (1) The course of instruction, the learning and performance
objectives, the standards for the training, and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having an interest and expertise in the field
of stalking.
(2) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine in
what ways stalking training might be included as a part of ongoing
programs.
(d) Participation in the course or courses specified in this
section by peace officers or the agencies employing them, is
voluntary.



13519.1. (a) The commission shall implement by July 1, 1988, a
course or courses of instruction for the training of law enforcement
officers and law enforcement dispatchers in the handling of missing
person and runaway cases and shall also develop guidelines for law
enforcement response to missing person and runaway cases. The course
or courses of instruction and the guidelines shall include, but not
be limited to, timeliness and priority of response, assisting persons
who make missing person reports to contact the appropriate law
enforcement agency in the jurisdiction of the residence address of
the missing person or runaway and the appropriate law enforcement
agency in the jurisdiction where the missing person or runaway was
last seen, and coordinating law enforcement agencies for the purpose
of efficiently and effectively taking and investigating missing
person reports.
As used in this section, "law enforcement" includes any officers
or employees of a local police or sheriff's office or of the
California Highway Patrol.
(b) The course of basic training for law enforcement officers and
law enforcement dispatchers shall, not later than January 1, 1989,
include adequate instruction in the handling of missing person and
runaway cases developed pursuant to subdivision (a).
(c) All law enforcement officers and law enforcement dispatchers
who have received their basic training before January 1, 1989, shall
participate in supplementary training on missing person and runaway
cases, as prescribed and certified by the commission. The training
required by this subdivision shall be completed not later than
January 1, 1991.


13519.2. (a) The commission shall, on or before July 1, 1990,
include in the basic training course for law enforcement officers,
adequate instruction in the handling of persons with developmental
disabilities or mental illness, or both. Officers who complete the
basic training prior to July 1, 1990, shall participate in
supplementary training on this topic. This supplementary training
shall be completed on or before July 1, 1992. Further training
courses to update this instruction shall be established, as deemed
necessary by the commission.
(b) The course of instruction relating to the handling of
developmentally disabled or mentally ill persons shall be developed
by the commission in consultation with appropriate groups and
individuals having an interest and expertise in this area. In
addition to providing instruction on the handling of these persons,
the course shall also include information on the cause and nature of
developmental disabilities and mental illness, as well as the
community resources available to serve these persons.



13519.3. (a) Effective July 1, 1990, the commission shall
establish, for those peace officers specified in subdivision (a) of
Section 13510 who are assigned to patrol or investigations, a course
on the nature of sudden infant death syndrome and the handling of
cases involving the sudden deaths of infants. The course shall
include information on the community resources available to assist
families and child care providers who have lost a child to sudden
infant death syndrome. Officers who are employed after January 1,
1990, shall complete a course in sudden infant death syndrome prior
to the issuance of the Peace Officer Standards and Training basic
certificate, and shall complete training on this topic on or before
July 1, 1992.
(b) The commission, in consultation with experts in the field of
sudden infant death syndrome, shall prepare guidelines establishing
standard procedures which may be followed by law enforcement agencies
in the investigation of cases involving sudden deaths of infants.
(c) The course relating to sudden infant death syndrome and the
handling of cases of sudden infant deaths shall be developed by the
commission in consultation with experts in the field of sudden infant
death syndrome. The course shall include instruction in the
standard procedures developed pursuant to subdivision (b). In
addition, the course shall include information on the nature of
sudden infant death syndrome which shall be taught by experts in the
field of sudden infant death syndrome.
(d) The commission shall review and modify the basic course
curriculum to include sudden infant death syndrome awareness as part
of death investigation training.
(e) When the instruction and training are provided by a local
agency, a fee shall be charged sufficient to defray the entire cost
of instruction and training.



13519.4. (a) The commission shall develop and disseminate
guidelines and training for all law enforcement officers in
California as described in subdivision (a) of Section 13510 and who
adhere to the standards approved by the commission, on the racial and
cultural differences among the residents of this state. The course
or courses of instruction and the guidelines shall stress
understanding and respect for racial and cultural differences, and
development of effective, noncombative methods of carrying out law
enforcement duties in a racially and culturally diverse environment.

(b) The course of basic training for law enforcement officers
shall include adequate instruction on racial and cultural diversity
in order to foster mutual respect and cooperation between law
enforcement and members of all racial and cultural groups. In
developing the training, the commission shall consult with
appropriate groups and individuals having an interest and expertise
in the field of cultural awareness and diversity.
(c) For the purposes of this section the following shall apply:
(1) "Disability," "gender," "nationality," "religion," and "***ual
orientation" have the same meaning as in Section 422.55.
(2) "Culturally diverse" and "cultural diversity" include, but are
not limited to, disability, gender, nationality, religion, and
***ual orientation issues.
(3) "Racial" has the same meaning as "race or ethnicity" in
Section 422.55.
(d) The Legislature finds and declares as follows:
(1) Racial profiling is a practice that presents a great danger to
the fundamental principles of a democratic society. It is abhorrent
and cannot be tolerated.
(2) Motorists who have been stopped by the police for no reason
other than the color of their skin or their apparent nationality or
ethnicity are the victims of discriminatory practices.
(3) It is the intent of the Legislature in enacting the changes to
Section 13519.4 of the Penal Code made by the act that added this
subdivision that more than additional training is required to address
the pernicious practice of racial profiling and that enactment of
this bill is in no way dispositive of the issue of how the state
should deal with racial profiling.
(4) The working men and women in California law enforcement risk
their lives every day. The people of California greatly appreciate
the hard work and dedication of law enforcement officers in
protecting public safety. The good name of these officers should not
be tarnished by the actions of those few who commit discriminatory
practices.
(e) "Racial profiling," for purposes of this section, is the
practice of detaining a suspect based on a broad set of criteria
which casts suspicion on an entire class of people without any
individualized suspicion of the particular person being stopped.
(f) A law enforcement officer shall not engage in racial
profiling.
(g) Every law enforcement officer in this state shall participate
in expanded training as prescribed and certified by the Commission on
Peace Officers Standards and Training.
(h) The curriculum shall utilize the Tools for Tolerance for Law
Enforcement Professionals framework and shall include and examine the
patterns, practices, and protocols that make up racial profiling.
This training shall prescribe patterns, practices, and protocols that
prevent racial profiling. In developing the training, the
commission shall consult with appropriate groups and individuals
having an interest and expertise in the field of racial profiling.
The course of instruction shall include, but not be limited to,
adequate consideration of each of the following subjects:
(1) Identification of key indices and perspectives that make up
cultural differences among residents in a local community.
(2) Negative impact of biases, prejudices, and stereotyping on
effective law enforcement, including examination of how historical
perceptions of discriminatory enforcement practices have harmed
police-community relations.
(3) The history and the role of the civil rights movement and
struggles and their impact on law enforcement.
(4) Specific obligations of officers in preventing, reporting, and
responding to discriminatory or biased practices by fellow officers.

(5) Perspectives of diverse, local constituency groups and experts
on particular cultural and police-community relations issues in a
local area.
(i) Once the initial basic training is completed, each law
enforcement officer in California as described in subdivision (a) of
Section 13510 who adheres to the standards approved by the commission
shall be required to complete a refresher course every five years
thereafter, or on a more frequent basis if deemed necessary, in order
to keep current with changing racial and cultural trends.
(j) The Legislative Analyst shall conduct a study of the data
being voluntarily collected by those jurisdictions that have
instituted a program of data collection with regard to racial
profiling, including, but not limited to, the California Highway
Patrol, the City of San Jose, and the City of San Diego, both to
ascertain the incidence of racial profiling and whether data
collection serves to address and prevent such practices, as well as
to assess the value and efficacy of the training herein prescribed
with respect to preventing local profiling. The Legislative Analyst
may prescribe the manner in which the data is to be submitted and may
request that police agencies collecting such data submit it in the
requested manner. The Legislative Analyst shall provide to the
Legislature a report and recommendations with regard to racial
profiling by July 1, 2002.



13519.5. The commission shall, on or before July 1, 1991, implement
a course or courses of instruction to provide ongoing training to
the appropriate peace officers on methods of gang and drug law
enforcement.


13519.6. (a) The commission shall develop guidelines and a course
of instruction and training for law enforcement officers who are
employed as peace officers, or who are not yet employed as a peace
officer but are enrolled in a training academy for law enforcement
officers, addressing hate crimes. "Hate crimes," for purposes of
this section, has the same meaning as in Section 422.55.
(b) The course shall make maximum use of audio and video
communication and other simulation methods and shall include
instruction in each of the following:
(1) Indicators of hate crimes.
(2) The impact of these crimes on the victim, the victim's family,
and the community, and the assistance and compensation available to
victims.
(3) Knowledge of the laws dealing with hate crimes and the legal
rights of, and the remedies available to, victims of hate crimes.
(4) Law enforcement procedures, reporting, and documentation of
hate crimes.
(5) Techniques and methods to handle incidents of hate crimes in a
noncombative manner.
(6) Multimission criminal extremism, which means the nexus of
certain hate crimes, antigovernment extremist crimes,
anti-reproductive-rights crimes, and crimes committed in whole or in
part because of the victims' actual or perceived homelessness.
(7) The special problems inherent in some categories of hate
crimes, including gender-bias crimes, disability-bias crimes,
including those committed against homeless persons with disabilities,
anti-immigrant crimes, and anti-Arab and anti-Islamic crimes, and
techniques and methods to handle these special problems.
(8) Preparation for, and response to, possible future
anti-Arab/Middle Eastern and anti-Islamic hate crimewaves, and any
other future hate crime waves that the Attorney General determines
are likely.
(c) The guidelines developed by the commission shall incorporate
the procedures and techniques specified in subdivision (b), and shall
include a framework and possible content of a general order or other
formal policy on hate crimes that all state law enforcement agencies
shall adopt and the commission shall encourage all local law
enforcement agencies to adopt. The elements of the framework shall
include, but not be limited to, the following:
(1) A message from the law enforcement agency's chief executive
officer to the agency's officers and staff concerning the importance
of hate crime laws and the agency's commitment to enforcement.
(2) The definition of "hate crime" in Section 422.55.
(3) References to hate crime statutes including Section 422.6.
(4) A title-by-title specific protocol that agency personnel are
required to follow, including, but not limited to, the following:
(A) Preventing and preparing for likely hate crimes by, among
other things, establishing contact with persons and communities who
are likely targets, and forming and cooperating with community hate
crime prevention and response networks.
(B) Responding to reports of hate crimes, including reports of
hate crimes committed under the color of authority.
(C) Accessing assistance, by, among other things, activating the
Department of Justice hate crime rapid response protocol when
necessary.
(D) Providing victim assistance and followup, including community
followup.
(E) Reporting.
(d) (1) The course of training leading to the basic certificate
issued by the commission shall include the course of instruction
described in subdivision (a).
(2) Every state law enforcement and correctional agency, and every
local law enforcement and correctional agency to the extent that
this requirement does not create a state-mandated local program cost,
shall provide its peace officers with the basic course of
instruction as revised pursuant to the act that amends this section
in the 2003-04 session of the Legislature, beginning with officers
who have not previously received the training. Correctional agencies
shall adapt the course as necessary.
(e) As used in this section, "peace officer" means any person
designated as a peace officer by Section 830.1 or 830.2.
(f) The additional training requirements imposed under this
section by legislation adopted in 2004 shall be implemented by July
1, 2007.


13519.64. (a) The Legislature finds and declares that research,
including "Special Report to the Legislature on Senate Resolution 18:
Crimes Committed Against Homeless Persons" by the Department of
Justice and "Hate, Violence, and Death: A Report on Hate Crimes
Against People Experiencing Homelessness from 1999-2002" by the
National Coalition for the Homeless demonstrate that California has
had serious and unaddressed problems of crime against homeless
persons, including homeless persons with disabilities.
(b) (1) By July 1, 2005, the Commission on Peace Officer Standards
and Training, using available funding, shall develop a two-hour
telecourse to be made available to all law enforcement agencies in
California on crimes against homeless persons and on how to deal
effectively and humanely with homeless persons, including homeless
persons with disabilities. The telecourse shall include information
on multimission criminal extremism, as defined in Section 13519.6.
In developing the telecourse, the commission shall consult
subject-matter experts including, but not limited to, homeless and
formerly homeless persons in California, service providers and
advocates for homeless persons in California, experts on the
disabilities that homeless persons commonly suffer, the California
Council of Churches, the National Coalition for the Homeless, the
Senate Office of Research, and the Criminal Justice Statistics Center
of the Department of Justice.
(2) Every state law enforcement agency, and every local law
enforcement agency, to the extent that this requirement does not
create a state-mandated local program cost, shall provide the
telecourse to its peace officers.



13519.7. (a) On or before August 1, 1994, the commission shall
develop complaint guidelines to be followed by city police
departments, county sheriffs' departments, districts, and state
university departments, for peace officers who are victims of ***ual
harassment in the workplace. In developing the complaint guidelines,
the commission shall consult with appropriate groups and individuals
having an expertise in the area of ***ual harassment.
(b) The course of basic training for law enforcement officers
shall, no later than January 1, 1995, include instruction on ***ual
harassment in the workplace. The training shall include, but not be
limited to, the following:
(1) The definition of ***ual harassment.
(2) A description of ***ual harassment, utilizing examples.
(3) The illegality of ***ual harassment.
(4) The complaint process, legal remedies, and protection from
retaliation available to victims of ***ual harassment.
In developing this training, the commission shall consult with
appropriate groups and individuals having an interest and expertise
in the area of ***ual harassment.
(c) All peace officers who have received their basic training
before January 1, 1995, shall receive supplementary training on
***ual harassment in the workplace by January 1, 1997.



13519.8. (a) (1) The commission shall implement a course or courses
of instruction for the regular and periodic training of law
enforcement officers in the handling of high-speed vehicle pursuits
and shall also develop uniform, minimum guidelines for adoption and
promulgation by California law enforcement agencies for response to
high-speed vehicle pursuits. The guidelines and course of instruction
shall stress the importance of vehicle safety and protecting the
public at all times, include a regular assessment of law enforcement'
s vehicle pursuit policies, practices, and training, and recognize
the need to balance the known offense and the need for immediate
capture against the risks to officers and other citizens of a
high-speed pursuit. These guidelines shall be a resource for each
agency executive to use in the creation of a specific pursuit policy
that the agency is encouraged to adopt and promulgate, and that
reflects the needs of the agency, the jurisdiction it serves, and the
law.
(2) As used in this section, "law enforcement officer" includes
any peace officer of a local police or sheriff's department or the
California Highway Patrol, or of any other law enforcement agency
authorized by law to conduct vehicular pursuits.
(b) The course or courses of basic training for law enforcement
officers and the guidelines shall include adequate consideration of
each of the following subjects:
(1) When to initiate a pursuit.
(2) The number of involved law enforcement units permitted.
(3) Responsibilities of primary and secondary law enforcement
units.
(4) Driving tactics.
(5) Helicopter assistance.
(6) Communications.
(7) Capture of suspects.
(8) Termination of a pursuit.
(9) Supervisory responsibilities.
(10) Blocking, ramming, boxing, and roadblock procedures.
(11) Speed limits.
(12) Interjurisdictional considerations.
(13) Conditions of the vehicle, driver, roadway, weather, and
traffic.
(14) Hazards to uninvolved bystanders or motorists.
(15) Reporting and postpursuit analysis.
(c) (1) All law enforcement officers who have received their basic
training before January 1, 1995, shall participate in supplementary
training on high-speed vehicle pursuits, as prescribed and certified
by the commission.
(2) Law enforcement agencies are encouraged to include, as part of
their advanced officer training program, periodic updates and
training on high-speed vehicle pursuit. The commission shall assist
where possible.
(d) (1) The course or courses of instruction, the learning and
performance objectives, the standards for the training, and the
guidelines shall be developed by the commission in consultation with
appropriate groups and individuals having an interest and expertise
in the field of high-speed vehicle pursuits. The groups and
individuals shall include, but not be limited to, law enforcement
agencies, police academy instructors, subject matter experts, and
members of the public.
(2) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine the
ways in which high-speed pursuit training may be included as part of
ongoing programs.
(e) It is the intent of the Legislature that each law enforcement
agency adopt, promulgate, and require regular and periodic training
consistent with an agency's specific pursuit policy that, at a
minimum, complies with the guidelines developed under subdivisions
(a) and (b).



13519.9. (a) On or before January 1, 1995, the commission shall
establish the Robert Presley Institute of Criminal Investigation
which will make available to criminal investigators of California's
law enforcement agencies an advanced training program to meet the
needs of working investigators in specialty assignments, such as
arson, auto theft, homicide, and narcotics.
(b) The institute shall provide an array of investigation
training, including the following:
(1) Core instruction in matters common to all investigative
activities.
(2) Advanced instruction through foundation specialty courses in
the various investigative specialties.
(3) Completion of a variety of elective courses pertaining to
investigation.
(c) (1) Instruction in core foundation and specialty courses shall
be designed not only to impart new knowledge, but to evoke from
students the benefit of their experience and ideas in a creative and
productive instructional design environment.
(2) Instructors shall be skilled and knowledgeable both in subject
matter and in the use of highly effective instructional strategies.

(d) (1) The commission shall design and operate the institute to
constantly improve the effectiveness of instruction.
(2) The institute shall make use of the most modern instructional
design and equipment, including computer-assisted instruction,
scenarios, and case studies.
(3) The institute shall ensure that proper facilities, such as
crime scene training areas, are available for use by students.



13519.12. (a) Pursuant to Section 13510, the Commission on Peace
Officer Standards and Training shall establish training standards and
develop a course of instruction that includes the criteria for the
curriculum content recommended by the Emergency Response Training
Advisory Committee established pursuant to Section 8588.10 of the
Government Code, involving the responsibilities of first responders
to terrorism incidents. The course of instruction shall address the
training needs of peace officers at a managerial or supervisory level
and below who are assigned to field duties. The training shall be
developed in consultation with the Department of Justice and other
individuals knowledgeable about terrorism and address current theory,
terminology, historical issues, and procedures necessary to
appropriately respond to and effectively mitigate the effects of a
terrorist incident.
(b) The commission shall expedite the delivery of this training to
law enforcement through maximum use of its local and regional
delivery systems.
(c) To maximize the availability and delivery of training, the
commission shall develop a course of instruction to train trainers
and first responders dealing with terrorism incidents using a variety
of formats.
(d) Every police chief and sheriff, the Commissioner of the
Highway Patrol, and other general law enforcement agency executives
may determine the members of their agency to receive the emergency
response to terrorism incidents training developed by the commission
under this section. The persons to be trained may include, but are
not limited to, peace officers that perform general law enforcement
duties at a managerial or supervisory level or below and are assigned
to field duties.


13519.14. (a) The commission shall implement by January 1, 2007, a
course or courses of instruction for the training of law enforcement
officers in California in the handling of human trafficking
complaints and also shall develop guidelines for law enforcement
response to human trafficking. The course or courses of instruction
and the guidelines shall stress the dynamics and manifestations of
human trafficking, identifying and communicating with victims,
providing documentation that satisfy the law enforcement agency
endorsement (LEA) required by federal law, collaboration with federal
law enforcement officials, therapeutically appropriate investigative
techniques, the availability of civil and immigration remedies and
community resources, and protection of the victim. Where appropriate,
the training presenters shall include human trafficking experts with
experience in the delivery of direct services to victims of human
trafficking. Completion of the course may be satisfied by
telecommunication, video training tape, or other instruction.
(b) As used in this section, "law enforcement officer" means any
officer or employee of a local police department or sheriff's office,
and any peace officer of the California Highway Patrol, as defined
by subdivision (a) of Section 830.2.
(c) The course of instruction, the learning and performance
objectives, the standards for the training, and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having an interest and expertise in the field
of human trafficking.
(d) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine in
what ways human trafficking training may be included as a part of
ongoing programs.
(e) Participation in the course or courses specified in this
section by peace officers or the agencies employing them is
voluntary.

[هيثم الفقى]

Peace Officers' Training Fund and Allocations
Therefrom


13520. There is hereby created in the State Treasury a Peace
Officers' Training Fund, which is hereby appropriated, without regard
to fiscal years, exclusively for costs of administration and for
grants to local governments and districts pursuant to this chapter.




13522. Any city, county, city and county, or district which desires
to receive state aid pursuant to this chapter shall make application
to the commission for the aid. The initial application shall be
accompanied by a certified copy of an ordinance, or in the case of
the University of California, the California State University, and
agencies not authorized to act by ordinance, by a resolution, adopted
by its governing body providing that while receiving any state aid
pursuant to this chapter, the city, county, city and county, or
district will adhere to the standards for recruitment and training
established by the commission. The application shall contain any
information the commission may request.


13523. The commission shall annually allocate and the State
Treasurer shall periodically pay from the Peace Officers' Training
Fund, at intervals specified by the commission, to each city, county,
and district which has applied and qualified for aid pursuant to
this chapter an amount determined by the commission pursuant to
standards set forth in its regulations. The commission shall grant
aid only on a basis that is equally proportionate among cities,
counties, and districts. State aid shall only be provided for
training expenses of full-time regularly paid employees, as defined
by the commission, of eligible agencies from cities, counties, or
districts.
In no event shall any allocation be made to any city, county, or
district which is not adhering to the standards established by the
commission as applicable to such city, county, or district.



13524. Any county wishing to receive state aid pursuant to this
chapter for the training of regularly employed and paid inspectors
and investigators of a district attorney's office, as defined in
Section 830.1 who conduct criminal investigations, shall include such
request for aid in its application to the commission pursuant to
Sections 13522 and 13523.



13525. Any city, county, city and county, district, or joint powers
agency which desires to receive state aid pursuant to this chapter
for the training of regularly employed and paid local public safety
dispatchers, as described in subdivision (c) of Section 13510, shall
include that request for aid in its application to the commission
pursuant to Sections 13522 and 13523.



13526. In no event shall any allocation be made from the Peace
Officers' Training Fund to a local government agency if the agency
was not entitled to receive funding under any of the provisions of
this article, as they read on December 31, 1989.




13526.1. (a) It is the intent of the Legislature in adding this
section that effect be given to amendments made by Chapter 950 of the
Statutes of 1989. The Legislature recognizes those amendments were
intended to make port wardens and special officers of the Harbor
Department of the City of Los Angeles entitled to allocations from
the Peace Officers' Training Fund for state aid pursuant to this
chapter, notwithstanding the amendments made by Chapter 1165 of the
Statutes of 1989, which added Section 13526 to this code.
(b) Notwithstanding Section 13526, for the purposes of this
chapter, the port wardens and special officers of the Harbor
Department of the City of Los Angeles shall be entitled to receive
funding from the Peace Officers' Training Fund.



13526.2. Notwithstanding Section 13526, for the purposes of this
chapter, the housing authority police departments of the City of Los
Angeles and the City of Oakland shall be entitled to receive funding
from the Peace Officers' Training Fund.
Peace Officers

13540. (a) Any person or persons desiring peace officer status
under Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
who, on January 1, 1990, were not entitled to be designated as peace
officers under that chapter shall request the Commission on Peace
Officer Standards and Training to undertake a feasibility study
regarding designating that person or persons as peace officers. The
request and study shall be undertaken in accordance with regulations
adopted by the commission. The commission may charge any person
requesting a study, a fee, not to exceed the actual cost of
undertaking the study. Nothing in this article shall apply to or
otherwise affect the authority of the Director of Corrections, the
Director of the Youth Authority, the Director of the Youthful
Offender Parole Board, or the Secretary of the Youth and Adult
Correctional Agency to designate peace officers as provided for in
Section 830.5.
(b) Any person or persons who are designated as peace officers
under Chapter 4.5, (commencing with Section 830) of Title 3 of Part
2, and who desire a change in peace officer designation or status,
shall request the Commission on Peace Officer Standards and Training
to undertake a study to assess the need for a change in designation
or status. The request and study shall be undertaken in accordance
with regulations adopted by the commission. The commission may
charge any person, agency, or organization requesting a study, a fee,
not to exceed the actual cost of undertaking the study.




13541. (a) Any study undertaken under this article shall include,
but shall not be limited to, the current and proposed duties and
responsibilities of persons employed in the category seeking the
designation change, their field law enforcement duties and
responsibilities, their supervisory and management structure, and
their proposed training methods and funding sources.
(b) A study undertaken pursuant to subdivision (b) of Section
13540 shall include, but shall not be limited to, the current and
proposed duties and responsibilities of the persons employed in the
category seeking the designation change and their field law
enforcement duties and responsibilities, and the extent to which
their current duties and responsibilities require additional peace
officer powers and authority.


13542. (a) In order for the commission to give a favorable
recommendation as to a change in designation to peace officer status,
the person or persons desiring the designation change shall be
employed by an agency with a supervisory structure consisting of a
chief law enforcement officer, the agency shall agree to comply with
the training requirements set forth in Section 832, and shall be
subject to the funding restriction set forth in Section 13526. The
commission shall issue the study and its recommendations to the
requesting person or agency within 18 months of the mutual acceptance
of a contract between the requesting person or agency and the
commission. A copy of that study and recommendations shall also be
submitted to the Legislature.
(b) (1) In order for the commission to give a favorable
recommendation as to a change in peace officer designation or status,
the person or persons desiring the change in peace officer
designation or status shall be employed by an agency that is
currently participating in the Peace Officer Standard Training
program.
(2) If the designation change is moving the person or persons into
Section 830.1, the person or persons shall obtain the basic
certificate issued by the Commission on Peace Officer Standards and
Training, set forth in Section 832.4.
(3) The commission shall issue the study and its recommendations,
as specified in subdivision (b) of Section 13540, to the requesting
person or persons, within 12 months of the mutual acceptance of a
contract between the requesting person or agency and the commission,
or as soon as possible thereafter if the commission shows good cause
as to the need for an extension of the 12-month time period.
(4) A copy of that study and recommendation shall also be
submitted to the Legislature.
Local Law Enforcement Accreditation

13550. For the purposes of this article the following terms apply:

(a) "Local law enforcement" means city police and county sheriffs'
departments.
(b) "Accreditation" means meeting and maintaining standards that
render the agency eligible for certification by ascribing to publicly
recognized principles for the professional operation of local law
enforcement agencies.


13551. (a) The Commission on Peace Officer Standards and Training
shall develop regulations and professional standards for the law
enforcement accreditation program when funding for this purpose from
nongeneral funds is approved by the Legislature. The program shall
provide standards for the operation of law enforcement agencies and
shall be available as soon as practical after funding becomes
available. The standards shall serve as a basis for the uniform
operation of law enforcement agencies throughout the state to best
serve the interests of the people of this state.
(b) The commission may, from time to time, amend the regulations
and standards or adopt new standards relating to the accreditation
program.



13552. (a) Participation in this accreditation program is limited
to police departments, sheriffs' departments, and the California
Highway Patrol. Other law enforcement agencies shall be eligible for
accreditation after January 1, 1998.
(b) Participation shall be voluntary and shall be initiated upon
the application of the chief executive officer of each agency.



13553. Nothing in this article shall prohibit a law enforcement
agency from establishing standards that exceed the minimum
accreditation standards set by the commission.
CORRECTIONS STANDARDS AUTHORITY


13600. (a) Commencing July 1, 2005, any reference to the Commission
on Correctional Peace Officer Standards and Training or "CPOST"
shall refer to the Corrections Standards Authority established
pursuant to Chapter 5 (commencing with Section 6024) of Title 7 of
Part 3. As of that date, the Commission on Correctional Peace Officer
Standards and Training is abolished.
(b) The Legislature finds and declares that peace officers of the
state correctional system, including youth and adult correctional
facilities, fulfill responsibilities that require creation and
application of sound selection criteria for applicants and standards
for their training prior to assuming their duties. For the purposes
of this section, correctional peace officers are peace officers as
defined in Section 830.5 and employed or designated by the Department
of Corrections and Rehabilitation.
The Legislature further finds that sound applicant selection and
training are essential to public safety and in carrying out the
missions of the Department of Corrections and Rehabilitation in the
custody and care of the state's offender population. The greater
degree of professionalism which will result from sound screening
criteria and a significant training curriculum will greatly aid the
department in maintaining smooth, efficient, and safe operations and
effective programs in the department.
(c) The Secretary of the Department of Corrections and
Rehabilitation shall, with advice from the Corrections Standards
Authority, appoint a subordinate officer to serve as executive
director of the board. The subordinate officer shall serve at the
pleasure of the secretary. The subordinate officer shall appoint
staff as provided for in the annual Budget Act, beginning in the
2005-06 fiscal year.



13601. (a) The Corrections Standards Authority shall develop,
approve, and monitor standards for the selection and training of
state correctional peace officer apprentices. Any standard for
selection established under this subdivision shall be subject to
approval by the State Personnel Board. Using the psychological and
screening standards established by the State Personnel Board, the
State Personnel Board or the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities shall ensure that,
prior to training, each applicant who has otherwise qualified in all
physical and other testing requirements to be a peace officer in
either a youth or adult correctional facility, is determined to be
free from emotional or mental conditions that might adversely affect
the exercise of his or her duties and powers as a peace officer.
(b) The authority may approve standards for a course in the
carrying and use of firearms for correctional peace officers that is
different from that prescribed pursuant to Section 832. The standards
shall take into consideration the different circumstances presented
within the institutional setting from that presented to other law
enforcement agencies outside the correctional setting.
(c) Notwithstanding Section 3078 of the Labor Code, the length of
the probationary period for correctional peace officer apprentices
shall be determined by the authority subject to approval by the State
Personnel Board, pursuant to Section 19170 of the Government Code.
(d) The authority shall develop, approve, and monitor standards
for advanced rank-and-file and supervisory state correctional peace
officer and training programs for the Department of Corrections and
Rehabilitation. When a correctional peace officer is promoted within
the department, he or she shall be provided with and be required to
complete these secondary training experiences.
(e) The authority shall develop, approve, and monitor standards
for the training of state correctional peace officers in the
department in the handling of stress associated with their duties.
(f) Toward the accomplishment of the objectives of this act, the
authority may confer with, and may avail itself of the assistance and
recommendations of, other state and local agencies, boards, or
commissions.
(g) Notwithstanding the authority of the authority, the department
shall design and deliver training programs, shall conduct validation
studies, and shall provide program support. The authority shall
monitor program compliance by the department.
(h) The authority may disapprove any training courses created by
the department pursuant to the standards developed by the authority
if it determines that the courses do not meet the prescribed
standards.
(i) The authority shall annually submit an estimate of costs to
conduct those inquiries and audits as may be necessary to determine
whether the department and each of its institutions and parole
regions are adhering to the standards developed by the authority, and
shall conduct those inquiries and audits consistent with the annual
Budget Act.
(j) The authority shall establish and implement procedures for
reviewing and issuing decisions concerning complaints or
recommendations from interested parties regarding authority rules,
regulations, standards, or decisions.



13602. (a) The Department of Corrections and Rehabilitation may use
the training academy at Galt or the training center in Stockton. The
academy at Galt shall be known as the Richard A. McGee Academy. The
training divisions, in using the funds, shall endeavor to minimize
costs of administration so that a maximum amount of the funds will be
used for providing training and support to correctional peace
officers while being trained by the department.
(b) Each new cadet who attends an academy shall complete the
course of training, pursuant to standards approved by the Corrections
Standards Authority before he or she may be assigned to a post or
job as a peace officer. Every newly appointed first-line or
second-line supervisor in the Department of Corrections and
Rehabilitation shall complete the course of training, pursuant to
standards approved by the authority for that position.
(c) The Department of Corrections and Rehabilitation shall make
every effort to provide training prior to commencement of
supervisorial duties. If this training is not completed within six
months of appointment to that position, any first-line or second-line
supervisor shall not perform supervisory duties until the training
is completed.



13602.1. The Department of Corrections and Rehabilitation may
establish a training academy for correctional officers in southern
California.


13603. (a) The Department of Corrections and Rehabilitation shall
provide 16 weeks of training to each correctional peace officer
cadet. Except as provided by subdivision (b), this training shall be
completed by the cadet prior to his or her assignment to a post or
position as a correctional peace officer.
(b) If an agreement is reached between the department and the
bargaining unit for the correctional peace officers that this
subdivision shall apply, and with the approval of the Corrections
Standards Authority on how to implement the on-the-job training
requirements of this subdivision, the department shall provide a
total of 16 weeks of training to each correctional peace officer
cadet as follows:
(1) Twelve weeks of the training shall be at the department's
training academy. Cadets shall be sworn in as correctional peace
officers upon the completion of this initial 12 weeks.
(2) Four weeks shall be at the institution where the cadet is
assigned to a post or position.
(c) The department shall provide a minimum of two weeks of
training to each newly appointed first-line supervisor.
(d) Training standards previously established pursuant to this
section shall remain in effect until training requirements are
established by the Corrections Standards Authority pursuant to
Section 13602.
LAW ENFORCEMENT RESPONSE TO DOMESTIC VIOLENCE
GE

13700. As used in this title:
(a) "Abuse" means intentionally or recklessly causing or
attempting to cause bodily injury, or placing another person in
reasonable apprehension of imminent serious bodily injury to himself
or herself, or another.
(b) "Domestic violence" means abuse committed against an adult or
a minor who is a spouse, former spouse, cohabitant, former
cohabitant, or person with whom the suspect has had a child or is
having or has had a dating or engagement relationship. For purposes
of this subdivision, "cohabitant" means two unrelated adult persons
living together for a substantial period of time, resulting in some
permanency of relationship. Factors that may determine whether
persons are cohabiting include, but are not limited to, (1) ***ual
relations between the parties while sharing the same living quarters,
(2) sharing of income or expenses, (3) joint use or ownership of
property, (4) whether the parties hold themselves out as husband and
wife, (5) the continuity of the relationship, and (6) the length of
the relationship.
(c) "Officer" means any officer or employee of a local police
department or sheriff's office, and any peace officer of the
Department of the California Highway Patrol, the Department of Parks
and Recreation, the University of California Police Department, or
the California State University and College Police Departments, as
defined in Section 830.2, a peace officer of the Department of
General Services of the City of Los Angeles, as defined in
subdivision (c) of Section 830.31, a housing authority patrol
officer, as defined in subdivision (d) of Section 830.31, or a peace
officer as defined in subdivisions (a) and (b) of Section 830.32.
(d) "Victim" means a person who is a victim of domestic violence.



13701. (a) Every law enforcement agency in this state shall
develop, adopt, and implement written policies and standards for
officers' responses to domestic violence calls by January 1, 1986.
These policies shall reflect that domestic violence is alleged
criminal conduct. Further, they shall reflect existing policy that a
request for assistance in a situation involving domestic violence is
the same as any other request for assistance where violence has
occurred.
(b) The written policies shall encourage the arrest of domestic
violence offenders if there is probable cause that an offense has
been committed. These policies also shall require the arrest of an
offender, absent exigent circumstances, if there is probable cause
that a protective order issued under Chapter 4 (commencing with
Section 2040) of Part 1 of Division 6, Division 10 (commencing with
Section 6200), or Chapter 6 (commencing with Section 7700) of Part 3
of Division 12, of the Family Code, or Section 136.2 of this code, or
by a court of any other state, a commonwealth, territory, or insular
possession subject to the jurisdiction of the United States, a
military tribunal, or a tribe has been violated. These policies
shall discourage, when appropriate, but not prohibit, dual arrests.
Peace officers shall make reasonable efforts to identify the dominant
aggressor in any incident. The dominant aggressor is the person
determined to be the most significant, rather than the first,
aggressor. In identifying the dominant aggressor, an officer shall
consider the intent of the law to protect victims of domestic
violence from continuing abuse, the threats creating fear of physical
injury, the history of domestic violence between the persons
involved, and whether either person acted in self-defense. These
arrest policies shall be developed, adopted, and implemented by July
1, 1996. Notwithstanding subdivision (d), law enforcement agencies
shall develop these policies with the input of local domestic
violence agencies.
(c) These existing local policies and those developed shall be in
writing and shall be available to the public upon request and shall
include specific standards for the following:
(1) Felony arrests.
(2) Misdemeanor arrests.
(3) Use of citizen arrests.
(4) Verification and enforcement of temporary restraining orders
when (A) the suspect is present and (B) the suspect has fled.
(5) Verification and enforcement of stay-away orders.
(6) Cite and release policies.
(7) Emergency assistance to victims, such as medical care,
transportation to a shelter, or a hospital for treatment when
necessary, and police standbys for removing personal property and
assistance in safe passage out of the victim's residence.
(8) Assisting victims in pursuing criminal options, such as giving
the victim the report number and directing the victim to the proper
investigation unit.
(9) Furnishing written notice to victims at the scene, including,
but not limited to, all of the following information:
(A) A statement informing the victim that despite official
restraint of the person alleged to have committed domestic violence,
the restrained person may be released at any time.
(B) A statement that, "For further information about a shelter you
may contact ____."
(C) A statement that, "For information about other services in the
community, where available, you may contact ____."
(D) A statement that, "For information about the California
victims' compensation program, you may contact 1-800-777-9229."
(E) A statement informing the victim of domestic violence that he
or she may ask the district attorney to file a criminal complaint.
(F) A statement informing the victim of the right to go to the
superior court and file a petition requesting any of the following
orders for relief:
(i) An order restraining the attacker from abusing the victim and
other family members.
(ii) An order directing the attacker to leave the household.
(iii) An order preventing the attacker from entering the
residence, school, business, or place of employment of the victim.
(iv) An order awarding the victim or the other parent custody of
or visitation with a minor child or children.
(v) An order restraining the attacker from molesting or
interfering with minor children in the custody of the victim.
(vi) An order directing the party not granted custody to pay
support of minor children, if that party has a legal obligation to do
so.
(vii) An order directing the defendant to make specified debit
payments coming due while the order is in effect.
(viii) An order directing that either or both parties participate
in counseling.
(G) A statement informing the victim of the right to file a civil
suit for losses suffered as a result of the abuse, including medical
expenses, loss of earnings, and other expenses for injuries sustained
and damage to property, and any other related expenses incurred by
the victim or any agency that shelters the victim.
(H) In the case of an alleged violation of subdivision (e) of
Section 243 or Section 261, 261.5, 262, 273.5, 286, 288a, or 289, a
"Victims of Domestic Violence" card which shall include, but is not
limited to, the following information:
(i) The names and phone numbers of or local county hotlines for,
or both the phone numbers of and local county hotlines for, local
shelters for battered women and rape victim counseling centers within
the county, including those centers specified in Section 13837, and
their 24-hour counseling service telephone numbers.
(ii) A simple statement on the proper procedures for a victim to
follow after a ***ual assault.
(iii) A statement that ***ual assault by a person who is known to
the victim, including ***ual assault by a person who is the spouse of
the victim, is a crime.
(iv) A statement that domestic violence or assault by a person who
is known to the victim, including domestic violence or assault by a
person who is the spouse of the victim, is a crime.
(10) Writing of reports.
(d) In the development of these policies and standards, each local
department is encouraged to consult with domestic violence experts,
such as the staff of the local shelter for battered women and their
children. Departments may utilize the response guidelines developed
by the commission in developing local policies.



13702. Every law enforcement agency in this state shall develop,
adopt, and implement written policies and standards for dispatchers'
response to domestic violence calls by July 1, 1991. These policies
shall reflect that calls reporting threatened, imminent, or ongoing
domestic violence, and the violation of any protection order,
including orders issued pursuant to Section 136.2, and restraining
orders, shall be ranked among the highest priority calls.
Dispatchers are not required to verify the validity of the protective
order before responding to the request for assistance.
NERAL PROVISIONS
RESTRAINING ORDERS


13710. (a) (1) Law enforcement agencies shall maintain a complete
and systematic record of all protection orders with respect to
domestic violence incidents, including orders which have not yet been
served, issued pursuant to Section 136.2, restraining orders, and
proofs of service in effect. This shall be used to inform law
enforcement officers responding to domestic violence calls of the
existence, terms, and effective dates of protection orders in effect.

(2) The police department of a community college or school
district described in subdivision (a) or (b) of Section 830.32 shall
notify the sheriff or police chief of the city in whose jurisdiction
the department is located of any protection order served by the
department pursuant to this section.
(b) The terms and conditions of the protection order remain
enforceable, notwithstanding the acts of the parties, and may be
changed only by order of the court.
(c) Upon request, law enforcement agencies shall serve the party
to be restrained at the scene of a domestic violence incident or at
any time the party is in custody.


13711. Whenever a protection order with respect to domestic
violence incidents, including orders issued pursuant to Section 136.2
and restraining orders, is applied for or issued, it shall be the
responsibility of the clerk of the superior court to distribute a
pamphlet to the person who is to be protected by the order that
includes the following:
(a) Information as specified in subdivision (i) of Section 13701.

(b) Notice that it is the responsibility of the victim to request
notification of an inmate's release.
(c) Notice that the terms and conditions of the protection order
remain enforceable, notwithstanding any acts of the parties, and may
be changed only by order of the court.
(d) Notice that the protection order is enforceable in any state,
in a commonwealth, territory, or insular possession subject to the
jurisdiction of the United States, or on a reservation, and general
information about agencies in other jurisdictions that may be
contacted regarding enforcement of a protective order issued by a
court of this state.

[هيثم الفقى]

DATA COLLECTION


13730. (a) Each law enforcement agency shall develop a system, by
January 1, 1986, for recording all domestic violence-related calls
for assistance made to the department including whether weapons are
involved. All domestic violence-related calls for assistance shall
be supported with a written incident report, as described in
subdivision (c), identifying the domestic violence incident.
Monthly, the total number of domestic violence calls received and the
numbers of those cases involving weapons shall be compiled by each
law enforcement agency and submitted to the Attorney General.
(b) The Attorney General shall report annually to the Governor,
the Legislature, and the public the total number of domestic
violence-related calls received by California law enforcement
agencies, the number of cases involving weapons, and a breakdown of
calls received by agency, city, and county.
(c) Each law enforcement agency shall develop an incident report
form that includes a domestic violence identification code by January
1, 1986. In all incidents of domestic violence, a report shall be
written and shall be identified on the face of the report as a
domestic violence incident. The report shall include at least all of
the following:
(1) A notation of whether the officer or officers who responded to
the domestic violence call observed any signs that the alleged
abuser was under the influence of alcohol or a controlled substance.

(2) A notation of whether the officer or officers who responded to
the domestic violence call determined if any law enforcement agency
had previously responded to a domestic violence call at the same
address involving the same alleged abuser or victim.
(3) A notation of whether the officer or officers who responded to
the domestic violence call found it necessary, for the protection of
the peace officer or other persons present, to inquire of the
victim, the alleged abuser, or both, whether a firearm or other
deadly weapon was present at the location, and, if there is an
inquiry, whether that inquiry disclosed the presence of a firearm or
other deadly weapon. Any firearm or other deadly weapon discovered
by an officer at the scene of a domestic violence incident shall be
subject to confiscation pursuant to Section 12028.5.



13731. (a) The San Diego Association of Governments may serve as
the regional clearinghouse for criminal justice data involving
domestic violence. The association may obtain monthly crime
statistics from all law enforcement agencies in San Diego County.
These law enforcement agencies may include their domestic violence
supplements in the monthly crime reports that are supplied to the
association. The association may obtain client-based data regarding
clients or victims of domestic violence who seek protection in San
Diego County shelters.
(b) Contingent upon the appropriation of funds therefor, the
association shall do all of the following:
(1) Create a standardized, uniform intake form, to be referred to
as a Compilation of Research and Evaluation Intake Instrument, also
known as C.O.R.E., for use in San Diego County's domestic violence
shelters. This form shall be completed and ready to use in the field
for data collection purposes not later than March 31, 1997. The
C.O.R.E. intake form shall be standardized to compile the same
information from all clients for all shelters.
(2) Collect and analyze the standardized, uniform intake form in
order to compile information including, but not limited to, victim
sociodemographic characteristics, descriptions of domestic violence
incidents pertaining to each victim and services needed by domestic
violence shelter clients within San Diego County.
(3) Use the collected client-based data to describe the nature and
scope of violence from the perspective of domestic violence shelter
clients and to determine the service needs of clients and what gaps
in service delivery exist, so that resources can be appropriately
targeted and allocated. All data supplied to the association shall
be stripped of any information regarding the personal identity of an
individual to protect the privacy of domestic violence shelter
clients.
(4) Establish an advisory committee in order to facilitate the
research effort and to assess the value of the research project. The
advisory committee shall consist of representation from the
shelters, as well as members of the San Diego County Domestic
Violence Council, local justice administrators, and the principal
investigator. The advisory committee shall meet at least four times
before April 30, 1999, to review the progress of the research,
including research methodology, data collection instruments,
preliminary analyses, and work product as they are drafted. Advisory
committee members shall evaluate the final research product in terms
of applicability and utility of findings and recommendations.



13732. (a) The Legislature finds and declares that a substantial
body of research demonstrates a strong connection between domestic
violence and child abuse. However, despite this connection, child
abuse and domestic violence services and agencies often fail to
coordinate appropriately at the local level. It is the intent of the
Legislature in enacting this section to improve preventative and
supportive services to families experiencing violence in order to
prevent further abuse of children and the victims of domestic
violence. It is the further intent of this section that child
protective services agencies develop a protocol which clearly sets
forth the criteria for a child protective services response to a
domestic violence related incident in a home in which a child
resides.
(b) Commencing January 1, 2003, child protective services
agencies, law enforcement, prosecution, child abuse and domestic
violence experts, and community-based organizations serving abused
children and victims of domestic violence shall develop, in
collaboration with one another, protocols as to how law enforcement
and child welfare agencies will cooperate in their response to
incidents of domestic violence in homes in which a child resides.
The requirements of this section shall not apply to counties where
protocols consistent with this section already have been developed.

[هيثم الفقى]

REPRODUCTIVE RIGHTS LAW ENFORCEMENT ACT

13775. This title shall be known and may be cited as the
Reproductive Rights Law Enforcement Act.



13776. The following definitions apply for the purposes of this
title:
(a) "Anti-reproductive-rights crime" means a crime committed
partly or wholly because the victim is a reproductive health services
client, provider, or assistant, or a crime that is partly or wholly
intended to intimidate the victim, any other person or entity, or any
class of persons or entities from becoming or remaining a
reproductive health services client, provider, or assistant.
"Anti-reproductive-rights crime" includes, but is not limited to, a
violation of subdivision (a) or (c) of Section 423.2.
(b) "Subject matter experts" includes, but is not limited to, the
Commission on the Status of Women, law enforcement agencies
experienced with anti-reproductive-rights crimes, including the
Attorney General and the Department of Justice, and organizations
such as the American Civil Liberties Union, the American College of
Obstetricians and Gynecologists, the California Council of Churches,
the California Medical Association, the Feminist Majority Foundation,
NARAL Pro-Choice California, the National Abortion Federation, the
California National Organization for Women, the Planned Parenthood
Federation of America, Planned Parenthood Affiliates of California,
and the Women's Health Specialists clinic that represent reproductive
health services clients, providers, and assistants.
(c) "Crime of violence," "nonviolent," "reproductive health
services;" "reproductive health services client, provider, or
assistant;" and "reproductive health services facility" each has the
same meaning as set forth in Section 423.1.



13777. (a) Except as provided in subdivision (d), the Attorney
General shall do each of the following:
(1) Collect and analyze information relating to
anti-reproductive-rights crimes, including, but not limited to, the
threatened commission of these crimes and persons suspected of
committing these crimes or making these threats. The analysis shall
distinguish between crimes of violence, including, but not limited
to, violations of subdivisions (a) and (e) of Section 423.2, and
nonviolent crimes, including, but not limited to, violations of
subdivision (c) of Section 423.2. The Attorney General shall make
this information available to federal, state, and local law
enforcement agencies and prosecutors in California.
(2) Direct local law enforcement agencies to report to the
Department of Justice, in a manner that the Attorney General
prescribes, any information that may be required relative to
anti-reproductive-rights crimes. The report of each crime that
violates Section 423.2 shall note the subdivision that prohibits the
crime. The report of each crime that violates any other law shall
note the code, section, and subdivision that prohibits the crime. The
report of any crime that violates both Section 423.2 and any other
law shall note both the subdivision of Section 423.2 and the other
code, section, and subdivision that prohibits the crime.
(3) On or before July 1, 2003, and every July 1 thereafter, submit
a report to the Legislature analyzing the information it obtains
pursuant to this section.
(4) (A) Develop a plan to prevent, apprehend, prosecute, and
report anti-reproductive-rights crimes, and to carry out the
legislative intent expressed in subdivisions (c), (d), (e), and (f)
of Section 1 of the act that enacts this title in the 2001-02 Regular
Session of the Legislature.
(B) Make a report on the plan to the Legislature by December 1,
2002. The report shall include recommendations for any legislation
necessary to carry out the plan.
(b) In carrying out his or her responsibilities under this
section, the Attorney General shall consult the Governor, the
Commission on Peace Officer Standards and Training, and other subject
matter experts.
(c) To avoid production and distribution costs, the Attorney
General may submit the reports that this section requires
electronically or as part of any other reports that he or she submits
to the Legislature, and shall post the reports that this section
requires on the Department of Justice Web site.
(d) The Attorney General shall implement this section to the
extent the Legislature appropriates funds in the Budget Act or
another statute for this purpose.



13777.2. (a) The Commission on the Status of Women shall convene an
advisory committee consisting of one person appointed by the
Attorney General and one person appointed by each of the
organizations named in subdivision (b) of Section 13776 that chooses
to appoint a member, and any other subject matter experts the
commission may appoint. The advisory committee shall elect its chair
and any other officers of its choice.
(b) The advisory committee shall make a report by December 31,
2007, to the Committees on Health, Judiciary, and Public Safety of
the Senate and Assembly, to the Attorney General, the Commission on
Peace Officer Standards and Training, and the Commission on the
Status of Women. The report shall evaluate the implementation of
Chapter 899, Statutes of 2001 and the effectiveness of the plan
developed by the Attorney General pursuant to subparagraph (A) of
paragraph (4) of Section 13777. The report shall also include
recommendations concerning whether the Legislature should extend or
repeal the sunset dates in Section 13779, recommendations regarding
any other legislation, and recommendations for any other actions by
the Attorney General, Commission on Peace Officer Standards and
Training, or the Commission on the Status of Women.
(c) The Commission on the Status of Women shall transmit the
report of the advisory committee to the appropriate committees of the
Legislature, including, but not limited to, the Committees on
Health, Judiciary, and Public Safety in the Senate and Assembly, and
make the report available to the public, including by posting it on
the Commission on the Status of Women's Web site. To avoid production
and distribution costs, the Commission on the Status of Women may
submit the report electronically or as part of any other report that
the Commission on the Status of Women submits to the Legislature.
(d) The Commission on Peace Officer Standards and Training shall
make the telecourse that it produced in 2002 pursuant to subdivision
(a) of Section 13778 available to the advisory committee. However,
before providing the telecourse to the advisory committee or
otherwise making it public, the commission shall remove the name and
face of any person who appears in the telecourse as originally
produced who informs the commission in writing that he or she has a
reasonable apprehension that making the telecourse public without the
removal will endanger his or her life or physical safety.
(e) Nothing in this section requires any state agency to pay for
compensation, travel, or other expenses of any advisory committee
member.


13778. (a) The Commission on Peace Officer Standards and Training,
utilizing available resources, shall develop a two-hour telecourse on
anti-reproductive-rights crimes and make the telecourse available to
all California law enforcement agencies as soon as practicable after
chaptering of the act that enacts this title in the 2001-2002
session of the Legislature.
(b) Persons and organizations, including, but not limited to,
subject-matter experts, may make application to the commission, as
outlined in Article 3 (commencing with Section 1051) of Division 2 of
Title 11 of the California Code of Regulations, for certification of
a course designed to train law enforcement officers to carry out the
legislative intent expressed in paragraph (1) of subdivision (d) of
Section 1 of the act that enacts this title in the 2001-02 Regular
Session.
(c) In developing the telecourse required by subdivision (a), and
in considering any applications pursuant to subdivision (b), the
commission, utilizing available resources, shall consult the Attorney
General and other subject matter experts, except where a subject
matter expert has submitted, or has an interest in, an application
pursuant to subdivision (b).



13779. This title shall remain in effect until January 1, 2009, and
as of that date is repealed unless a later enacted statute deletes
or extends that date.

[هيثم الفقى]

CALIFORNIA COUNCIL ON CRIMINAL JUSTICE
GENERAL PROVISIONS AND DEFINITIONS

13800. As used in this title:
(a) "Council" means the California Council on Criminal Justice.
(b) "Office" means the agency or agencies designated by the
Director of Finance pursuant to Section 13820.
(c) "Local boards" means local criminal justice planning boards.
(d) "Federal acts" means the Federal Omnibus Crime Control and
Safe Streets Act of 1968, the Federal Juvenile Delinquency Prevention
and Control Act of 1968, and any act or acts amendatory or
supplemental thereto.



13801. Nothing in this title shall be construed as authorizing the
council, the office, or the local boards to undertake direct
operational criminal justice responsibilities.

[هيثم الفقى]

CALIFORNIA COUNCIL ON CRIMINAL JUSTICE


13810. (a) There is hereby created in the state government the
California Council on Criminal Justice, which shall be composed of
the following members: the Attorney General; the Administrative
Director of the Courts; 19 members appointed by the Governor,
including the Commissioner of the Department of the Highway Patrol,
the Secretary of the Department of Corrections and Rehabilitation, or
his or her designee, a subordinate officer of the Secretary of
Corrections and Rehabilitation, and the State Public Defender; eight
members appointed by the Senate Committee on Rules; and eight members
appointed by the Speaker of the Assembly.
(b) (1) The remaining appointees of the Governor shall include
different persons from each of the following categories: a district
attorney, a sheriff, a county public defender, a county probation
officer, a member of a city council, a member of a county board of
supervisors, a faculty member of a college or university qualified in
the field of criminology, police science, or law, a person qualified
in the field of criminal justice research and six private citizens,
including a representative of a citizens, professional, or community
organization.
(2) The Senate Committee on Rules shall include among its
appointments different persons from each of the following categories:
a member of the Senate Committee on Public Safety, a representative
of the counties, a representative of the cities, a judge designated
by the Judicial Council, and four private citizens, including a
representative of a citizens, professional, or community
organization.
(3) The Speaker of the Assembly shall include among his or her
appointments different persons from each of the following categories:
a representative of the counties, a representative of the cities, a
member of the Assembly Committee on Public Safety, a chief of police,
a peace officer, and three private citizens, including a
representative of a citizens, professional, or community organization
directly related to delinquency prevention.
(c) The Governor shall select a chairperson from among the members
of the council.


13811. The council shall meet no more than 12 times per year.
The council may create subcommittees of its own membership and
each subcommittee shall meet as often as the subcommittee members
find necessary. It is the intent of the Legislature that all council
members shall actively participate in all council deliberations
required by this chapter. Any member who misses three consecutive
meetings or who attends less than 50 percent of the council's
regularly called meetings in any calendar year for any cause except
severe temporary illness or injury shall be automatically removed
from the council.


13812. Members of the council shall receive no compensation for
their services but shall be reimbursed for their expenses actually
and necessarily incurred by them in the performance of their duties
under this title. No compensation or expenses shall be received by
the members of any continuing task forces, review committees or other
auxiliary bodies created by the council who are not council members,
except that persons requested to appear before the council with
regard to specific topics on one or more occasions shall be
reimbursed for the travel expenses necessarily incurred in fulfilling
those requests.
The Advisory Committee on Juvenile Justice and Delinquency
Prevention appointed by the Governor pursuant to federal law may be
reimbursed by the agency or agencies designated by the Director of
Finance pursuant to Section 13820 for expenses necessarily incurred
by the members. Staff support for the committee will be provided by
the agency or agencies designated by the Director of Finance pursuant
to Section 13820.



13813. The council 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
prevention activities throughout the state, shall establish
priorities for the use of such 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 such
expenditures may be granted to single projects or to groups of
projects.

[هيثم الفقى]

OFFICE OF CRIMINAL JUSTICE PLANNING



13820. (a) The Office of Criminal Justice Planning is hereby
abolished. The Director of Finance shall designate an agency or
agencies to carry out the functions of the Office of Criminal Justice
Planning in accordance with a plan submitted pursuant to Section 25
of the Budget Act of 2003, and pursuant to subdivision (c). The
duties and obligations of that office, and all powers and authority
exercised by that office, shall be transferred to and assumed by the
agency or agencies so designated.
(b) Except for this section, the phrase "Office of Criminal
Justice Planning" or any reference to that phrase in this code shall
be construed to mean or refer to the agency or agencies designated
pursuant to this section. Any reference to the executive director of
the Office of Criminal Justice Planning in this code shall be
construed to mean the appropriate person in the agency or agencies
designated pursuant to this section.
(c) Until an agency is designated under subdivision (a), juvenile
justice programs administered by the Office of Criminal Justice
Planning shall be transferred to the Board of Corrections or other
appropriate entity as determined by the Director of Finance, law
enforcement programs shall be transferred to the Office of Emergency
Services or other appropriate entity as determined by the Director of
Finance, and victims' services shall be transferred to the Victim's
Compensation and Government Claims Board or other appropriate entity
as determined by the Director of Finance.




13823. (a) In cooperation with local boards, the agency or agencies
designated by the Director of Finance pursuant to Section 13820
shall:
(1) Develop with the advice and approval of the council, the
comprehensive statewide plan for the improvement of criminal justice
and delinquency prevention activity throughout the state.
(2) Define, develop and correlate programs and projects for the
state criminal justice agencies.
(3) Receive and disburse federal funds, perform all necessary and
appropriate staff services required by the council, and otherwise
assist the council in the performance of its duties as established by
federal acts.
(4) Develop comprehensive, unified and orderly procedures to
insure that all local plans and all state and local projects are in
accord with the comprehensive state plan, and that all applications
for grants are processed efficiently.
(5) 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.
(6) Conduct evaluation studies of the programs and activities
assisted by the federal acts.
(b) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 may:
(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.


13823.2. (a) The Legislature hereby finds and declares all of the
following:
(1) That violent and serious crimes are being committed against
the elderly on an alarmingly regular basis.
(2) That in 1985, the United States Department of Justice reported
that approximately 1 in every 10 elderly households in the nation
would be touched by crime.
(3) That the California Department of Justice, based upon limited
data received from local law enforcement agencies, reported that
approximately 10,000 violent crimes were committed against elderly
victims in 1985.
(4) That while the elderly may not be the most frequent targets of
crime, when they are victimized the impact of each vicious attack
has long-lasting effects. Injuries involving, for example, a broken
hip may never heal properly and often leave the victim physically
impaired. The loss of money used for food and other daily living
expenses for these costs may be life-threatening for the older
citizen on a fixed income. In addition, stolen or damaged property
often cannot be replaced.
(5) Although the State of California currently funds programs to
provide assistance to victims of crime and to provide general crime
prevention information, there are limited specialized efforts to
respond directly to the needs of elderly victims or to provide
prevention services tailored for the senior population.
(b) It is the intent of the Legislature that victim services,
crime prevention, and criminal justice training programs funded by
the agency or agencies designated by the Director of Finance pursuant
to Section 13820 shall include, consistent with available resources,
specialized components that respond to the diverse needs of elderly
citizens residing in the state.



13823.3. The office may expend funds for local domestic violence
programs, subject to the availability of funds therefor.



13823.4. (a) The Legislature finds the problem of family violence
to be of serious and increasing magnitude. The Legislature also
finds that acts of family violence often result in other crimes and
social problems.
(b) There is in the agency or agencies designated by the Director
of Finance pursuant to Section 13820, a Family Violence Prevention
Program. This program shall provide financial and technical
assistance to local domestic and family violence centers in
implementing family violence prevention programs.
The goals and functions of the program shall include all of the
following:
(1) Promotion of community involvement through public education
geared specifically toward reaching and educating the friends and
neighbors of members of violent families.
(2) Development and dissemination of model protocols for the
training of criminal justice system personnel in domestic violence
intervention and prevention.
(3) Increasing citizen involvement in family violence prevention.

(4) Identification and testing of family violence prevention
models.
(5) Replication of successful models, as appropriate, through the
state.
(6) Identification and testing of domestic violence model
protocols and intervention systems in major service delivery
institutions.
(7) Development of informational materials and seminars to enable
emulation or adaptation of the models by other communities.
(8) Provision of domestic violence prevention education and skills
to students in schools.
(c) The executive director shall allocate funds to local centers
meeting the criteria for funding that shall be established by the
agency or agencies designated by the Director of Finance pursuant to
Section 13820 in consultation with practitioners and experts in the
field of family violence prevention. All centers receiving funds
pursuant to this section shall have had an ongoing recognized
program, supported by either public or private funds, dealing with an
aspect of family violence, for at least two years prior to the date
specified for submission of applications for funding pursuant to this
section. All centers funded pursuant to this section shall utilize
volunteers to the greatest extent possible.
The centers may seek, receive, and make use of any funds which may
be available from all public and private sources to augment any
state funds received pursuant to this section. Sixty percent of the
state funds received pursuant to this section shall be used to
develop and implement model program protocols and materials. Forty
percent of the state funds received pursuant to this section shall be
allocated to programs to disseminate model program protocols and
materials. Dissemination shall include training for domestic
violence agencies in California. Each of the programs funded under
this section shall focus on no more than two targeted areas. These
targeted model areas shall be determined by the agency or agencies
designated by the Director of Finance pursuant to Section 13820 in
consultation with practitioners and experts in the field of domestic
violence, using the domestic violence model priorities survey of the
California Alliance Against Domestic Violence.
Centers receiving funding shall provide matching funds of at least
10 percent of the funds received pursuant to this section.
(d) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall develop and disseminate throughout
the state information and materials concerning family violence
prevention, including, but not limited to, a procedures manual on
prevention models. The agency or agencies designated by the Director
of Finance pursuant to Section 13820 shall also establish a resource
center for the collection, retention, and distribution of
educational materials related to family violence and its prevention.



13823.5. (a) The agency or agencies designated by the Director of
Finance pursuant to Section 13820, with the assistance of the
advisory committee established pursuant to Section 13836, shall
establish a protocol for the examination and treatment of victims of
***ual assault and attempted ***ual assault, including child
molestation, and the collection and preservation of evidence
therefrom. The protocol shall contain recommended methods for
meeting the standards specified in Section 13823.11.
(b) In addition to the protocol, the agency or agencies designated
by the Director of Finance pursuant to Section 13820 shall develop
informational guidelines, containing general reference information on
evidence collection, examination of victims and psychological and
medical treatment for victims of ***ual assault and attempted ***ual
assault, including child molestation.
In developing the protocol and the informational guidelines, the
agency or agencies designated by the Director of Finance pursuant to
Section 13820 and the advisory committee shall seek the assistance
and guidance of organizations assisting victims of ***ual assault;
qualified health care professionals, criminalists, and administrators
who are familiar with emergency room procedures; victims of ***ual
assault; and law enforcement officials.
(c) The agency or agencies designated by the Director of Finance
pursuant to Section 13820, in cooperation with the State Department
of Health Services and the Department of Justice, shall adopt a
standard and a complete form or forms for the recording of medical
and physical evidence data disclosed by a victim of ***ual assault or
attempted ***ual assault, including child molestation.
Each qualified health care professional who conducts an
examination for evidence of a ***ual assault or an attempted ***ual
assault, including child molestation, shall use the standard form
adopted pursuant to this section, and shall make those observations
and perform those tests as may be required for recording of the data
required by the form. The forms shall be subject to the same
principles of confidentiality applicable to other medical records.
The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall make copies of the standard form or
forms available to every public or private general acute care
hospital, as requested.
The standard form shall be used to satisfy the reporting
requirements specified in Sections 11160 and 11161 in cases of ***ual
assault, and may be used in lieu of the form specified in Section
11168 for reports of child abuse.
(d) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall distribute copies of the protocol and
the informational guidelines to every general acute care hospital,
law enforcement agency, and prosecutor's office in the state.
(e) As used in this chapter, "qualified health care professional"
means a physician and surgeon currently licensed pursuant to Chapter
5 (commencing with Section 2000) of Division 2 of the Business and
Professions Code, or a nurse currently licensed pursuant to Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code and working in consultation with a physician and
surgeon who conducts examinations or provides treatment as described
in Section 13823.9 in a general acute care hospital or in a physician
and surgeon's office.



13823.6. The office may secure grants, donations, or other funding
for the purpose of funding any statewide task force on ***ual assault
of children that may be established and administered by the
Department of Justice.


13823.7. The protocol adopted pursuant to Section 13823.5 for the
examination and treatment of victims of ***ual assault or attempted
***ual assault, including child molestation, and the collection and
preservation of evidence therefrom shall include provisions for all
of the following:
(a) Notification of injuries and a report of suspected child
***ual abuse to law enforcement authorities.
(b) Obtaining consent for the examination, for the treatment of
injuries, for the collection of evidence, and for the photographing
of injuries.
(c) Taking a patient history of ***ual assault and other relevant
medical history.
(d) Performance of the physical examination for evidence of ***ual
assault.
(e) Collection of physical evidence of assault.
(f) Collection of other medical specimens.
(g) Procedures for the preservation and disposition of physical
evidence.



13823.9. (a) Every public or private general acute care hospital
that examines a victim of ***ual assault or attempted ***ual assault,
including child molestation, shall comply with the standards
specified in Section 13823.11 and the protocol and guidelines adopted
pursuant to Section 13823.5.
(b) Each county with a population of more than 100,000 shall
arrange that professional personnel trained in the examination of
victims of ***ual assault, including child molestation, shall be
present or on call either in the county hospital which provides
emergency medical services or in any general acute care hospital
which has contracted with the county to provide emergency medical
services. In counties with a population of 1,000,000 or more, the
presence of these professional personnel shall be arranged in at
least one general acute care hospital for each 1,000,000 persons in
the county.
(c) Each county shall designate at least one general acute care
hospital to perform examinations on victims of ***ual assault,
including child molestation.
(d) (1) The protocol published by the agency or agencies
designated by the Director of Finance pursuant to Section 13820 shall
be used as a guide for the procedures to be used by every public or
private general acute care hospital in the state for the examination
and treatment of victims of ***ual assault and attempted ***ual
assault, including child molestation, and the collection and
preservation of evidence therefrom.
(2) The informational guide developed by the agency or agencies
designated by the Director of Finance pursuant to Section 13820 shall
be consulted where indicated in the protocol, as well as to gain
knowledge about all aspects of examination and treatment of victims
of ***ual assault and child molestation.



13823.93. (a) For purposes of this section, the following
definitions apply:
(1) "Medical personnel" includes physicians, nurse practitioners,
physician assistants, nurses, and other health care providers, as
appropriate.
(2) To "perform a medical evidentiary examination" means to
evaluate, collect, preserve, and document evidence, interpret
findings, and document examination results.
(b) To ensure the delivery of standardized curriculum, essential
for consistent examination procedures throughout the state, one
hospital-based training center shall be established through a
competitive bidding process, to train medical personnel on how to
perform medical evidentiary examinations for victims of child abuse
or neglect, ***ual assault, domestic violence, elder abuse, and abuse
or assault perpetrated against persons with disabilities. The center
also shall provide training for investigative and court personnel
involved in dependency and criminal proceedings, on how to interpret
the findings of medical evidentiary examinations.
The training provided by the training center shall be made
available to medical personnel, law enforcement, and the courts
throughout the state.
(c) The training center shall meet all of the following criteria:

(1) Recognized expertise and experience in providing medical
evidentiary examinations for victims of child abuse or neglect,
***ual assault, domestic violence, elder abuse, and abuse or assault
perpetrated against persons with disabilities.
(2) Recognized expertise and experience implementing the protocol
established pursuant to Section 13823.5.
(3) History of providing training, including, but not limited to,
the clinical supervision of trainees and the evaluation of clinical
competency.
(4) Recognized expertise and experience in the use of advanced
medical technology and training in the evaluation of victims of child
abuse or neglect, ***ual assault, domestic violence, elder abuse,
and abuse or assault perpetrated against persons with disabilities.
(5) Significant history in working with professionals in the field
of criminalistics.
(6) Established relationships with local crime laboratories,
clinical laboratories, law enforcement agencies, district attorneys'
offices, child protective services, victim advocacy programs, and
federal investigative agencies.
(7) The capacity for developing a telecommunication network
between primary, secondary, and tertiary medical providers.
(8) History of leadership in working collaboratively with medical
forensic experts, criminal justice experts, investigative social
worker experts, state criminal justice, social services, health and
mental health agencies, and statewide professional associations
representing the various disciplines, especially those specified in
paragraph (6) of subdivision (d).
(9) History of leadership in working collaboratively with state
and local victim advocacy organizations, especially those addressing
***ual assault and domestic violence.
(10) History and experience in the development and delivery of
standardized curriculum for forensic medical experts, criminal
justice professionals, and investigative social workers.
(11) History of research, particularly involving databases, in the
area of child physical and ***ual abuse, ***ual assault, elder
abuse, or domestic violence.
(d) The training center shall do all of the following:
(1) Develop and implement a standardized training program for
medical personnel that has been reviewed and approved by a
multidisciplinary peer review committee.
(2) Develop a telecommunication system network between the
training center and other areas of the state, including rural and
midsized counties. This service shall provide case consultation to
medical personnel, law enforcement, and the courts and provide
continuing medical education.
(3) Provide ongoing basic, advanced, and specialized training
programs.
(4) Develop guidelines for the reporting and management of child
physical abuse and neglect, domestic violence, and elder abuse.
(5) Develop guidelines for evaluating the results of training for
the medical personnel performing examinations.
(6) Provide standardized training for law enforcement officers,
district attorneys, public defenders, investigative social workers,
and judges on medical evidentiary examination procedures and the
interpretation of findings. This training shall be developed and
implemented in collaboration with the Peace Officer Standards and
Training Program, the California District Attorney's Association, the
California Peace Officers Association, the California Police Chiefs
Association, the California State Sheriffs Association, the
California Association of Crime Laboratory Directors, the California
***ual Assault Investigators Association, the California Alliance
Against Domestic Violence, the Statewide California Coalition for
Battered Women, the Family Violence Prevention Fund, child victim
advocacy organizations, the California Welfare Directors Association,
the California Coalition Against ***ual Assault, the Department of
Justice, the agency or agencies designated by the Director of Finance
pursuant to Section 13820, the Child Welfare Training Program, and
the University of California extension programs.
(7) Promote an interdisciplinary approach in the assessment and
management of child abuse and neglect, ***ual assault, elder abuse,
domestic violence, and abuse or assault against persons with
disabilities.
(8) Provide training in the dynamics of victimization, including,
but not limited to, rape trauma syndrome, intimate partner battering
and its effects, the effects of child abuse and neglect, and the
various aspects of elder abuse. This training shall be provided by
individuals who are recognized as experts within their respective
disciplines.
(e) Nothing in this section shall be construed to change the scope
of practice for any health care provider, as defined in other
provisions of law.



13823.95. No costs incurred by a qualified health care
professional, hospital, or other emergency medical facility for the
examination of the victim of a ***ual assault, as described in the
protocol developed pursuant to Section 13823.5, when the examination
is performed, pursuant to Sections 13823.5 and 13823.7, for the
purposes of gathering evidence for possible prosecution, shall be
charged directly or indirectly to the victim of the assault. Those
costs shall be treated as local costs and charged to the local
governmental agency in whose jurisdiction the alleged offense was
committed.
Bills for these costs shall be submitted to the law enforcement
agency in the jurisdiction in which the alleged offense was committed
which requests the examination.
The law enforcement agency in the jurisdiction in which the
alleged offense was committed which requests the examination has the
option of determining whether or not the examination will be
performed in the office of a physician and surgeon.



13823.11. The minimum standards for the examination and treatment
of victims of ***ual assault or attempted ***ual assault, including
child molestation and the collection and preservation of evidence
therefrom include all of the following:
(a) Law enforcement authorities shall be notified.
(b) In conducting the physical examination, the outline indicated
in the form adopted pursuant to subdivision (c) of Section 13823.5
shall be followed.
(c) Consent for a physical examination, treatment, and collection
of evidence shall be obtained.
(1) Consent to an examination for evidence of ***ual assault shall
be obtained prior to the examination of a victim of ***ual assault
and shall include separate written documentation of consent to each
of the following:
(A) Examination for the presence of injuries sustained as a result
of the assault.
(B) Examination for evidence of ***ual assault and collection of
physical evidence.
(C) Photographs of injuries.
(2) Consent to treatment shall be obtained in accordance with
usual hospital policy.
(3) A victim of ***ual assault shall be informed that he or she
may refuse to consent to an examination for evidence of ***ual
assault, including the collection of physical evidence, but that a
refusal is not a ground for denial of treatment of injuries and for
possible pregnancy and ***ually transmitted diseases, if the person
wishes to obtain treatment and consents thereto.
(4) Pursuant to Chapter 3 (commencing with Section 6920) of Part 4
of Division 11 of the Family Code, a minor may consent to hospital,
medical, and surgical care related to a ***ual assault without the
consent of a parent or guardian.
(5) In cases of known or suspected child abuse, the consent of the
parents or legal guardian is not required. In the case of suspected
child abuse and nonconsenting parents, the consent of the local
agency providing child protective services or the local law
enforcement agency shall be obtained. Local procedures regarding
obtaining consent for the examination and treatment of, and the
collection of evidence from, children from child protective
authorities shall be followed.
(d) A history of ***ual assault shall be taken.
The history obtained in conjunction with the examination for
evidence of ***ual assault shall follow the outline of the form
established pursuant to subdivision (c) of Section 13823.5 and shall
include all of the following:
(1) A history of the circumstances of the assault.
(2) For a child, any previous history of child ***ual abuse and an
explanation of injuries, if different from that given by parent or
person accompanying the child.
(3) Physical injuries reported.
(4) ***ual acts reported, whether or not ejaculation is suspected,
and whether or not a condom or lubricant was used.
(5) Record of relevant medical history.
(e) (1) If indicated by the history of contact, a female victim of
***ual assault shall be provided with the option of postcoital
contraception by a physician or other health care provider.
(2) Postcoital contraception shall be dispensed by a physician or
other health care provider upon the request of the victim.
(f) Each adult and minor victim of ***ual assault who consents to
a medical examination for collection of evidentiary material shall
have a physical examination which includes, but is not limited to,
all of the following:
(1) Inspection of the clothing, body, and external genitalia for
injuries and foreign materials.
(2) Examination of the mouth, vagina, cervix, penis, anus, and
rectum, as indicated.
(3) Documentation of injuries and evidence collected.
Prepubertal children shall not have internal vaginal or anal
examinations unless absolutely necessary. This does not preclude
careful collection of evidence using a swab.
(g) The collection of physical evidence shall conform to the
following procedures:
(1) Each victim of ***ual assault who consents to an examination
for collection of evidence shall have the following items of evidence
collected, except where he or she specifically objects:
(A) Clothing worn during the assault.
(B) Foreign materials revealed by an examination of the clothing,
body, external genitalia, and pubic hair combings.
(C) Swabs and slides from the mouth, vagina, rectum, and penis, as
indicated, to determine the presence or absence of sperm and sperm
motility, and for genetic marker typing.
(D) If indicated by the history of contact, the victim's urine and
blood sample, for toxicology purposes, to determine if drugs or
alcohol were used in connection with the assault. Toxicology results
obtained pursuant to this paragraph shall not be admissible in any
criminal or civil action or proceeding against any victim who
consents to the collection of physical evidence pursuant to this
paragraph. Except for purposes of prosecuting or defending the crime
or crimes necessitating the examination specified by this section,
any toxicology results obtained pursuant to this paragraph shall be
kept confidential, may not be further disclosed, and shall not be
required to be disclosed by the victim for any purpose not specified
in this paragraph. The victim shall specifically be informed of the
immunity and confidentiality safeguards provided herein.
(2) Each victim of ***ual assault who consents to an examination
for the collection of evidence shall have reference specimens taken,
except when he or she specifically objects thereto. A reference
specimen is a standard from which to obtain baseline information (for
example: pubic and head hair, blood, and saliva for genetic marker
typing). These specimens shall be taken in accordance with the
standards of the local criminalistics laboratory.
(3) A baseline gonorrhea culture, and syphilis serology, shall be
taken, if indicated by the history of contact. Specimens for a
pregnancy test shall be taken, if indicated by the history of
contact.
(4) (A) If indicated by the history of contact, a female victim of
***ual assault shall be provided with the option of postcoital
contraception by a physician or other health care provider.
(B) Postcoital contraception shall be dispensed by a physician or
other health care provider upon the request of the victim.
(h) Preservation and disposition of physical evidence shall
conform to the following procedures:
(1) All swabs and slides shall be air-dried prior to packaging.
(2) All items of evidence including laboratory specimens shall be
clearly labeled as to the identity of the source and the identity of
the person collecting them.
(3) The evidence shall have a form attached which documents its
chain of custody and shall be properly sealed.
(4) The evidence shall be turned over to the proper law
enforcement agency.



13823.12. Failure to comply fully with Section 13823.11 or with the
protocol or guidelines, or to utilize the form established by the
agency or agencies designated by the Director of Finance pursuant to
Section 13820, shall not constitute grounds to exclude evidence, nor
shall the court instruct or comment to the trier of fact in any case
that less weight may be given to the evidence based on the failure to
comply.



13823.13. (a) The agency or agencies designated by the Director of
Finance pursuant to Section 13820 shall develop a course of training
for qualified health care professionals relating to the examination
and treatment of victims of ***ual assault. In developing the
curriculum for the course, the agency or agencies designated by the
Director of Finance pursuant to Section 13820 shall consult with
health care professionals and appropriate law enforcement agencies.
The agency or agencies designated by the Director of Finance pursuant
to Section 13820 shall also obtain recommendations from the same
health care professionals and appropriate law enforcement agencies on
the best means to disseminate the course of training on a statewide
basis.
(b) The training course developed pursuant to subdivision (a)
shall be designed to train qualified health care professionals to do
all of the following:
(1) Perform a health assessment of victims of ***ual assault in
accordance with any applicable minimum standards set forth in Section
13823.11.
(2) Collect and document physical and laboratory evidence in
accordance with any applicable minimum standards set forth in Section
13823.11.
(3) Provide information and referrals to victims of ***ual assault
to enhance the continuity of care of victims.
(4) Present testimony in court.
(c) As used in this section, "qualified health care professional"
means a physician and surgeon currently licensed pursuant to Chapter
5 (commencing with Section 2000) of Division 2 of the Business and
Professions Code, or a nurse currently licensed pursuant to Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code who works in consultation with a physician and
surgeon or who conducts examinations described in Section 13823.9 in
a general acute care hospital or in the office of a physician and
surgeon.
(d) As used in this section, "appropriate law enforcement agencies"
may include, but shall not be limited to, the Attorney General of
the State of California, any district attorney, and any agency of the
State of California expressly authorized by statute to investigate
or prosecute law violators.



13823.15. (a) The Legislature finds the problem of domestic
violence to be of serious and increasing magnitude. The Legislature
also finds that existing domestic violence services are underfunded
and that some areas of the state are unserved or underserved.
Therefore, it is the intent of the Legislature that a goal or purpose
of the Office of Emergency Services (OES) shall be to ensure that
all victims of domestic violence served by the OES Comprehensive
Statewide Domestic Violence Program receive comprehensive, quality
services.
(b) There is in the OES a Comprehensive Statewide Domestic
Violence Program. The goals of the program shall be to provide local
assistance to existing service providers, to maintain and expand
services based on a demonstrated need, and to establish a targeted or
directed program for the development and establishment of domestic
violence services in currently unserved and underserved areas. The
OES shall provide financial and technical assistance to local
domestic violence centers in implementing all of the following
services:
(1) Twenty-four-hour crisis hotlines.
(2) Counseling.
(3) Business centers.
(4) Emergency "safe" homes or shelters for victims and families.
(5) Emergency food and clothing.
(6) Emergency response to calls from law enforcement.
(7) Hospital emergency room protocol and assistance.
(8) Emergency transportation.
(9) Supportive peer counseling.
(10) Counseling for children.
(11) Court and social service advocacy.
(12) Legal assistance with temporary restraining orders, devices,
and custody disputes.
(13) Community resource and referral.
(14) Household establishment assistance.
Priority for financial and technical assistance shall be given to
emergency shelter programs and "safe" homes for victims of domestic
violence and their children.
(c) Except as provided in subdivision (f), the OES and the
advisory committee established pursuant to Section 13823.16 shall
collaboratively administer the Comprehensive Statewide Domestic
Violence Program, and shall allocate funds to local centers meeting
the criteria for funding. All organizations funded pursuant to this
section shall utilize volunteers to the greatest extent possible.
The centers may seek, receive, and make use of any funds which may
be available from all public and private sources to augment any
state funds received pursuant to this section.
Centers receiving funding shall provide cash or an in-kind match
of at least 10 percent of the funds received pursuant to this
section.
(d) The OES shall conduct statewide training workshops on domestic
violence for local centers, law enforcement, and other service
providers designed to enhance service programs. The workshops shall
be planned in conjunction with practitioners and experts in the field
of domestic violence prevention. The workshops shall include a
curriculum component on lesbian, gay, bi***ual, and transgender
specific domestic abuse.
(e) The OES shall develop and disseminate throughout the state
information and materials concerning domestic violence. The OES shall
also establish a resource center for the collection, retention, and
distribution of educational materials related to domestic violence.
The OES may utilize and contract with existing domestic violence
technical assistance centers in this state in complying with the
requirements of this subdivision.
(f) The funding process for distributing grant awards to domestic
violence shelter service providers (DVSSPs) shall be administered by
the OES as follows:
(1) The OES shall establish each of the following:
(A) The process and standards for determining whether to grant,
renew, or deny funding to any DVSSP applying or reapplying for
funding under the terms of the program.
(B) For DVSSPs applying for grants under the request for proposal
process described in paragraph (2), a system for grading grant
applications in relation to the standards established pursuant to
subparagraph (A), and an appeal process for applications that are
denied. A description of this grading system and appeal process
shall be provided to all DVSSPs as part of the application required
under the RFP process.
(C) For DVSSPs reapplying for funding under the request for
application process described in paragraph (4), a system for grading
the performance of DVSSPs in relation to the standards established
pursuant to subparagraph (A), and an appeal process for decisions to
deny or reduce funding. A description of this grading system and
appeal process shall be provided to all DVSSPs receiving grants under
this program.
(2) Grants for shelters that were not funded in the previous cycle
shall be awarded as a result of a competitive request for proposal
(RFP) process. The RFP process shall comply with all applicable state
and federal statutes for domestic violence shelter funding, and to
the extent possible, the response to the RFP shall not exceed 25
narrative pages, excluding attachments.
(3) Grants shall be awarded to DVSSPs that propose to maintain
shelters or services previously granted funding pursuant to this
section, to expand existing services or create new services, or to
establish new domestic violence shelters in underserved or unserved
areas. Each grant shall be awarded for a three-year term.
(4) DVSSPs reapplying for grants shall not be subject to a
competitive grant process, but shall be subject to a request for
application (RFA) process. The RFA process shall consist in part of
an assessment of the past performance history of the DVSSP in
relation to the standards established pursuant to paragraph (1). The
RFA process shall comply with all applicable state and federal
statutes for domestic violence center funding, and to the extent
possible, the response to the RFA shall not exceed 10 narrative
pages, excluding attachments.
(5) Any DVSSP funded through this program in the previous grant
cycle, including any DVSSP funded by Chapter 707 of the Statutes of
2001, shall be funded upon reapplication, unless, pursuant to the
assessment required under the RFA process, its past performance
history fails to meet the standards established by the OES pursuant
to paragraph (1).
(6) The OES shall conduct a minimum of one site visit every three
years for each DVSSP funded pursuant to this subdivision. The purpose
of the site visit shall be to conduct a performance assessment of,
and provide subsequent technical assistance for, each shelter
visited. The performance assessment shall include, but need not be
limited to, a review of all of the following:
(A) Progress in meeting program goals and objectives.
(B) Agency organization and facilities.
(C) Personnel policies, files, and training.
(D) Recordkeeping, budgeting, and expenditures.
(E) Documentation, data collection, and client confidentiality.
(7) After each site visit conducted pursuant to paragraph (6), the
OES shall provide a written report to the DVSSP summarizing the
performance of the DVSSP, any deficiencies noted, any corrective
action needed, and a deadline for corrective action to be completed.
The OES shall also develop a corrective action plan for verifying the
completion of any corrective action required. The OES shall submit
its written report to the DVSSP no more than 60 days after the site
visit. No grant under the RFA process shall be denied if the DVSSP
has not received a site visit during the previous three years, unless
the OES is aware of criminal violations relative to the
administration of grant funding.
(8) If an agency receives funding from both the Comprehensive
Statewide Domestic Violence Program in the Office of Emergency
Services and the Maternal and Child Health Branch of the State
Department of Public Health during any grant cycle, the Comprehensive
Statewide Domestic Violence Program and the Maternal and Child
Health Branch shall, to the extent feasible, coordinate agency site
visits and share performance assessment data with the goal of
improving efficiency, eliminating duplication, and reducing
administrative costs.
(9) DVSSPs receiving written reports of deficiencies or orders for
corrective action after a site visit shall be given no less than six
months' time to take corrective action before the deficiencies or
failure to correct may be considered in the next RFA process.
However, the OES shall have the discretion to reduce the time to take
corrective action in cases where the deficiencies present a
significant health or safety risk or when other severe circumstances
are found to exist. If corrective action is deemed necessary, and a
DVSSP fails to comply, or if other deficiencies exist that, in the
judgment of the OES, cannot be corrected, the OES shall determine,
using its grading system, whether continued funding for the DVSSP
should be reduced or denied altogether. If a DVSSP has been
determined to be deficient, the OES may, at any point during the
DVSSP's funding cycle following the expiration of the period for
corrective action, deny or reduce any further funding.
(10) If a DVSSP applies or reapplies for funding pursuant to this
section and that funding is denied or reduced, the decision to deny
or reduce funding shall be provided in writing to the DVSSP, along
with a written explanation of the reasons for the reduction or denial
made in accordance with the grading system for the RFP or RFA
process. Except as otherwise provided, any appeal of the decision to
deny or reduce funding shall be made in accordance with the appeal
process established by the OES. The appeal process shall allow a
DVSSP a minimum of 30 days to appeal after a decision to deny or
reduce funding. All pending appeals shall be resolved before final
funding decisions are reached.
(11) It is the intent of the Legislature that priority for
additional funds that become available shall be given to currently
funded, new, or previously unfunded DVSSPs for expansion of services.
However, the OES may determine when expansion is needed to
accommodate underserved or unserved areas. If supplemental funding is
unavailable, the OES shall have the authority to lower the base
level of grants to all currently funded DVSSPs in order to provide
funding for currently funded, new, or previously unfunded DVSSPs that
will provide services in underserved or unserved areas. However, to
the extent reasonable, funding reductions shall be reduced
proportionately among all currently funded DVSSPs. After the amount
of funding reductions has been determined, DVSSPs that are currently
funded and those applying for funding shall be notified of changes in
the available level of funding prior to the next application
process. Funding reductions made under this paragraph shall not be
subject to appeal.
(12) Notwithstanding any other provision of this section, OES may
reduce funding to a DVSSP funded pursuant to this section if federal
funding support is reduced. Funding reductions as a result of a
reduction in federal funding shall not be subject to appeal.
(13) Nothing in this section shall be construed to supersede any
function or duty required by federal acts, rules, regulations, or
guidelines for the distribution of federal grants.
(14) As a condition of receiving funding pursuant to this section,
DVSSPs shall do all of the following:
(A) Provide matching funds or in-kind contributions equivalent to
not less than 10 percent of the grant they would receive. The
matching funds or in-kind contributions may come from other
governmental or private sources.
(B) Ensure that appropriate staff and volunteers having client
contact meet the definition of "domestic violence counselor" as
specified in subdivision (a) of Section 1037.1 of the Evidence Code.
The minimum training specified in paragraph (2) of subdivision (a) of
Section 1037.1 of the Evidence Code shall be provided to those staff
and volunteers who do not meet the requirements of paragraph (1) of
subdivision (a) of Section 1037.1 of the Evidence Code.
(15) The following definitions shall apply for purposes of this
subdivision:
(A) "Domestic violence" means the infliction or threat of physical
harm against past or present adult or adolescent female intimate
partners, including physical, ***ual, and psychological abuse against
the woman, and is a part of a pattern of assaultive, coercive, and
controlling behaviors directed at achieving compliance from or
control over that woman.
(B) "Domestic violence shelter service provider" or "DVSSP" means
a victim services provider that operates an established system of
services providing safe and confidential emergency housing on a
24-hour basis for victims of domestic violence and their children,
including, but not limited to, hotel or motel arrangements, haven,
and safe houses.
(C) "Emergency shelter" means a confidential or safe location that
provides emergency housing on a 24-hour basis for victims of
domestic violence and their children.
(g) The OES may hire the support staff and utilize all resources
necessary to carry out the purposes of this section. The OES shall
not utilize more than 10 percent of any funds appropriated for the
purpose of the program established by this section for the
administration of that program.



13823.16. (a) The Comprehensive Statewide Domestic Violence Program
established pursuant to Section 13823.15 shall be collaboratively
administered by the Office of Emergency Services (OES) and an
advisory council. The membership of the OES Domestic Violence
Advisory Council shall consist of experts in the provision of either
direct or intervention services to battered women and their children,
within the scope and intention of the OES Domestic Violence
Assistance Program.
(b) The membership of the council shall consist of domestic
violence victims' advocates, battered women service providers, at
least one representative of service providers serving the lesbian,
gay, bi***ual, and transgender community in connection with domestic
violence, and representatives of women's organizations, law
enforcement, and other groups involved with domestic violence. At
least one-half of the council membership shall consist of domestic
violence victims' advocates or battered women service providers from
organizations such as the California Partnership to End Domestic
Violence. It is the intent of the Legislature that the council
membership reflect the ethnic, racial, cultural, and geographic
diversity of the state. The council shall be composed of no more than
13 voting members and two nonvoting ex officio members who shall be
appointed, as follows:
(1) Seven voting members shall be appointed by the Governor.
(2) Three voting members shall be appointed by the Speaker of the
Assembly.
(3) Three voting members shall be appointed by the Senate
Committee on Rules.
(4) Two nonvoting ex officio members shall be Members of the
Legislature, one appointed by the Speaker of the Assembly and one
appointed by the Senate Committee on Rules. Any Member of the
Legislature appointed to the council shall meet with the council and
participate in its activities to the extent that participation is not
incompatible with his or her position as a Member of the
Legislature.
(c) The OES shall collaborate closely with the council in
developing funding priorities, framing the request for proposals, and
soliciting proposals.
(d) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.



13823.17. (a) The Legislature finds the problem of domestic
violence in the gay, lesbian, bi***ual, and transgender community to
be of serious and increasing magnitude. The Legislature also finds
that existing domestic violence services for this population are
underfunded and that members of this population are unserved or
underserved in the state. Therefore, it is the intent of the
Legislature that a goal or purpose of the Office of Emergency
Services (OES) shall be to increase access to culturally appropriate
domestic violence education, prevention, and services for the gay,
lesbian, bi***ual, and transgender community.
(b) The goal of this section is to establish a targeted or
directed grant program for the development and support of domestic
violence programs and services for the gay, lesbian, bi***ual, and
transgender community. The OES shall use funds from the Equality in
Prevention and Services for Domestic Abuse Fund to award up to four
grants annually to qualifying organizations, with at least one in
southern California and one in northern California, to fund domestic
violence programs and services including, but not limited to, all of
the following:
(1) Twenty-four-hour crisis hotlines.
(2) Counseling.
(3) Court and social service advocacy.
(4) Legal assistance with temporary restraining orders, devices,
and custody disputes.
(5) Community resource and referral.
(6) Household establishment assistance.
(7) Emergency housing.
(8) Educational workshops and publications.
(c) Each grant shall be awarded for a three-year term for the
purposes of this section.
(d) In order to qualify for a grant award under this section, the
recipient shall be a California nonprofit organization with a
demonstrated history of working in the area of domestic violence
education and prevention and serving the lesbian, gay, bi***ual, and
transgender community.
(e) The funding process for distributing grant awards to
qualifying organizations shall be administered by the OES as follows:

(1) Grants that were not funded in the previous cycle shall be
awarded to qualifying organizations as a result of a competitive
request for proposal (RFP) process. The RFP process shall comply with
all applicable state and federal statutes and to the extent
possible, the response to the RFP shall not exceed 15 narrative
pages, excluding attachments.
(2) The following criteria shall be used to evaluate grant
proposals:
(A) Whether the proposed program or services would further the
purpose of promoting healthy, nonviolent relationships in the
lesbian, gay, bi***ual and transgender community.
(B) Whether the proposed program or services would reach a
significant number of people in and have the support of the lesbian,
gay, bi***ual, and transgender community.
(C) Whether the proposed program or services are grounded in a
firm understanding of domestic violence and represent an innovative
approach to addressing the issue.
(D) Whether the proposed program or services would reach unique
and underserved sectors of the lesbian, gay, bi***ual, and
transgender community, such as youth, people of color, immigrants,
and transgender persons.
(3) Grant funds shall not be used to support any of the following:

(A) Scholarships.
(B) Awards to individuals.
(C) Out-of-state travel.
(D) Projects that are substantially completed before the
anticipated date of the grant award.
(E) Fundraising activities.
(4) Organizations reapplying for grants shall not be subject to a
competitive grant process, but shall be subject to a request for
application (RFA) process. The RFA process shall consist in part of
an assessment of the past performance history of the organization in
relation to the standards established by this section. The response
to the RFA shall not exceed 10 narrative pages, excluding
attachments.
(5) Any organization funded through this program in the previous
grant cycle shall be funded upon reapplication, unless, pursuant to
the assessment required under the RFA process, its past performance
history fails to meet the standards established by this section.
(f) Grant recipients may seek, receive, and make use of any funds
which may be available from all public and private sources to augment
any funds received pursuant to this section.
(g) The OES may adopt rules as necessary to implement the grant
program created under this section.
(h) The OES may hire the support staff and utilize all resources
necessary to carry out the purposes of this section.
(i) For purposes of this section, "domestic violence" means the
infliction or threat of physical harm against past or present adult
or adolescent intimate partners, including physical, ***ual, and
psychological abuse against the person, and is a part of a pattern of
assaultive, coercive, and controlling behaviors directed at
achieving compliance from or control over that person.



13824. A brief description of all projects eligible for a
commitment of council funds shall be made available to the public
through a publication of the council having statewide circulation at
least 30 days in advance of the meeting at which funds for such
project can be committed by vote of the council.



13825. The State Graffiti Clearinghouse is hereby created in the
agency or agencies designated by the Director of Finance pursuant to
Section 13820. The State Graffiti Clearinghouse shall do all of the
following, subject to federal funding:
(a) Assess and estimate the present costs to state and local
agencies for graffiti abatement.
(b) Award grants to state and local agencies that have
demonstrated implementation of effective graffiti reduction and
abatement programs.
(c) Receive and disburse funds to effectuate the purposes of the
clearinghouse.

[هيثم الفقى]

THE CALIFORNIA GANG, CRIME, AND VIOLENCE
PREVENTION PARTNERSHIP PROGRAM

13825.1. This chapter shall be known and may be cited as the
California Gang, Crime, and Violence Prevention Partnership Program.



13825.2. (a) The California Gang, Crime, and Violence Prevention
Partnership Program shall be administered by the Department of
Justice for the purposes of reducing gang, criminal activity, and
youth violence to the extent authorized pursuant to this chapter in
communities with a high incidence of gang violence, including, but
not limited to, the communities of Fresno, Glendale, Long Beach, Los
Angeles, Oakland, Riverside, Santa Ana, Santa Cruz, San Bernardino,
San Diego, San Jose, San Francisco, San Mateo, Santa Monica, and
Venice. The department shall also consider communities that meet any
one of the following criteria:
(1) An at-risk youth population, as defined in subdivision (c) of
Section 13825.4, that is significantly disproportionate to the
general youth population of that community.
(2) A juvenile arrest rate that is significantly disproportionate
to the general youth population of that community.
(3) Significant juvenile gang problems or a high number of
juvenile gang-affiliated acts of violence.
(b) All state and local juvenile detention facilities, including,
but not limited to, facilities, juvenile halls, youth ranches, and
youth camps of the Department of the Youth Authority, shall also be
considered eligible to receive services through community-based
organizations or nonprofit agencies that are operating programs
funded under this chapter.



13825.3. All funds made available to the Department of Justice for
purposes of this chapter shall be disbursed in accordance with this
chapter to community-based organizations and nonprofit agencies that
comply with the program requirements of Section 13825.4 and the
funding criteria of Section 13825.5 of this chapter.
(a) Funds disbursed under this chapter may enhance, but shall not
supplant local, state, or federal funds that would, in the absence of
the California Gang, Crime, and Violence Prevention Partnership
Program, be made available for the prevention or intervention of
youth involvement in gangs, crime, or violence.
(b) The applicant community-based organization or nonprofit agency
may enter into interagency agreements between it and a fiscal agent
that will allow the fiscal agent to manage the funds awarded to the
community-based organization or nonprofit agency.
(c) Before April 15, 1998, the department shall prepare and file
administrative guidelines and procedures for the California Gang,
Crime, and Violence Prevention Partnership Program consistent with
this chapter.
(d) Before July 1, 1998, the department shall issue a "request for
funding proposal" that informs applicants of the purposes and
availability of funds to be awarded under this chapter and solicits
proposals from community-based organizations and nonprofit agencies
to provide services consistent with this chapter.
(e) The department shall conduct an evaluation of the California
Gang, Crime, and Violence Prevention Partnership Program after two
years of program operation and each year thereafter, for purposes of
identifying the effectiveness and results of the program. The
evaluation shall be conducted by staff or an independent body that
has experience in evaluating programs operated by community-based
organizations or nonprofit agencies.
(f) After two years of program operation, and each year
thereafter, the department shall prepare and submit an annual report
to the Legislature describing in detail the operation of the program
and the results obtained from the California Gang, Crime, and
Violence Prevention Partnership Program receiving funds under this
chapter. The report shall also list the full costs applicable to the
department for processing and reviewing applications, and for
administering the California Gang, Crime, and Violence Prevention
Partnership Program.



13825.4. Community-based organizations and nonprofit agencies that
receive funds under this chapter shall utilize the funds to provide
services and activities designed to prevent or deter at-risk youth
from participating in gangs, criminal activity, or violent behavior.

(a) These prevention and intervention efforts shall include, but
not be limited to, any of the following:
(1) Services and activities designed to do any of the following:
(A) Teach alternative methods for resolving conflicts and
responding to violence, drugs, and crime.
(B) Develop positive and life-affirming attitudes and behaviors.
(C) Build self-esteem.
(2) Recreational, educational or cultural activities.
(3) Counseling or mentoring services.
(4) Economic development activities.
(b) Funds allocated under this chapter may not be used for
services or activities related to suppression, law enforcement,
incarceration, or other purposes not related to the prevention and
deterrence of gangs, crime, and violence.
Nothing in this paragraph shall prevent funds allocated under this
chapter from being used for violence prevention and gang crime
deterrence services provided by community-based organizations and
nonprofit agencies to youths incarcerated in juvenile detention
facilities.
(c) Services and activities provided with funds under this chapter
shall be used for at-risk youth who are defined as persons from age
5 to 20 years of age and who fall into one or more of the following
categories:
(1) Live in a high-crime or high-violence neighborhood as
identified by local or federal law enforcement agencies.
(2) Live in a low-economic neighborhood as identified by the U.S.
Census or come from an impoverished family.
(3) Are excessively absent from school or are doing poorly in
school as identified by personnel from the youth's school.
(4) Come from a socially dysfunctional family as identified by
local or state social service agencies.
(5) Have had one or more contacts with the police.
(6) Have entered the juvenile justice system.
(7) Are identified by the juvenile justice system as being at
risk.
(8) Are current or former gang members.
(9) Have one or more family members living at home who are current
or former members of a gang.
(10) Are identified as wards of the court, as defined in Section
601 of the Welfare and Institutions Code.
(d) Except as provided in subdivision (e), in carrying out a
program of prevention and intervention services and activities with
funds received under this chapter, community-based organizations and
nonprofit agencies shall do all of the following:
(1) Collaborate with other local community-based organizations,
nonprofit agencies or local agencies providing similar services,
local schools, local law enforcement agencies, residents and families
of the local community, private businesses in the local community,
and charitable or religious organizations, for purposes of developing
plans to provide a program of prevention and intervention services
and activities with funds provided under this chapter.
(2) Identify other community-based organizations, nonprofit
agencies, local agencies, and charitable or religious organizations
in the local community that can serve as a resource in providing
services and activities under this chapter.
(3) Follow the public health model approach in developing and
carrying out a program to prevent, deter or reduce youth gangs, crime
or violence by (A) identifying risk factors of the particular
population to be targeted, (B) implementing protective factors to
prevent or reduce gangs, crime or violence in the particular
community to be serviced, and (C) designing community guidelines for
prevention and intervention.
(4) Provide referral services to at-risk youth who are being
served under this chapter to appropriate organizations and agencies
where the community-based organization or nonprofit agency can
readily identify a need for counseling, tutorial, family support, or
other types of services.
(5) Provide the parents and family of the at-risk youth with
support, information, and services to cope with the problems the
at-risk youth, the parents, and the family are confronting.
(6) Involve members of the at-risk target population in the
development, coordination, implementation, and evaluation of their
program of services and activities.
(7) Objectively evaluate the effectiveness of their services and
activities to determine changes in attitudes or behaviors of the
at-risk youth being served under this chapter towards gangs, crime,
and violence.
(e) Providers of programs that operate in juvenile detention
facilities shall not be required to meet the criteria specified in
paragraph (5) of subdivision (d) for those programs offered only in
those facilities.



13825.5. To be eligible for funding under this chapter,
community-based organizations and nonprofit agencies shall submit a
request for funding proposal in compliance with this chapter to
conduct a program that meets the requirements of Section 13825.4.
The Department of Justice shall establish the minimum standards,
funding schedules, and procedures for awarding grants that shall take
into consideration, but not be limited to, all of the following:
(a) A demonstrated showing of at least two years of experience in
administering a program providing prevention or prevention and
intervention services that have positively affected the attitudes or
behaviors of at-risk youth, as defined in this chapter, toward gangs,
crime, or violence.
(b) New programs, services, or staff that would augment the
existing programs, services, and activities already being provided
the community-based organization or nonprofit agency.
(c) The size of the eligible at-risk youth population that would
be served by the community-based organization or nonprofit agency.
(d) The likelihood that the program will continue to operate after
state grant funding ends.
(e) The ability of the community-based organization or nonprofit
agency to objectively evaluate itself and a demonstrated showing of
its plan to evaluate itself if funds are awarded. For purposes of
this chapter, community-based organizations and nonprofit agencies do
not include libraries, community service organizations, and city,
county, and state-operated departments of parks and recreation.



13825.6. Funding for the California Gang, Crime, and Violence
Prevention Partnership Program shall be subject to the following:
(a) 2 percent of the amounts appropriated in the Budget Act shall
be transferred each year upon the approval of the Director of
Finance, for expenditure as necessary for the Department of Justice
to administer this program.
(b) 3 percent of the amounts appropriated in the Budget Act shall
be transferred each year upon the approval of the Director of
Finance, for expenditure as necessary for the department to provide
technical assistance to community-based organizations and nonprofit
agencies providing services under this chapter. Nothing in this
chapter precludes the department from providing technical assistance
services through an independent agency or organization.
GANG VIOLENCE SUPPRESSION


13826. The Legislature finds and declares all of the following:
(a) That violent activity by gangs is a serious and growing
problem in the State of California.
(b) There is an increasing percentage of school age pupils
involved in gang activity.
(c) There are many schools that serve a disproportionate number of
youth involved in gang activity which are unable to effectively
implement programs designed to prevent youth from becoming involved
in gang activity. There is no statewide funded educational program
developed for this purpose.
(d) There is evidence that gang involvement among youth begins at
an early age.
(e) There is evidence that the parents of gang members lack
appropriate parenting skills.
(f) There is evidence that drug activity is increasing among youth
involved in gang activity.
(g) There is evidence that gang members have no contact with
positive role models.
(h) There is evidence that most gang members lack basic
educational skills.
In enacting this chapter, the Legislature intends to support
increased efforts by district attorneys' offices to prosecute the
perpetrators of gang violence, support increased efforts by local law
enforcement agencies to identify, investigate, and apprehend
perpetrators of gang violence, support increased efforts by county
probation departments to intensively supervise gang members who are
on court-ordered probation, support gang violence prevention and
intervention efforts by school districts and county offices of
education, and support gang violence suppression efforts by
community-based organizations.



13826.1. (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820, the
Gang Violence Suppression Program, a program of financial and
technical assistance for district attorneys' offices, local law
enforcement agencies, county probation departments, school districts,
county offices of education, or any consortium thereof, and
community-based organizations which are primarily engaged in the
suppression of gang violence. All funds appropriated to the agency
or agencies designated by the Director of Finance pursuant to Section
13820 for the purposes of this chapter shall be administered and
disbursed by the executive director of the agency or agencies
designated by the Director of Finance pursuant to Section 13820 in
consultation with the California Council on Criminal Justice, and
shall to the greatest extent feasible be coordinated or consolidated
with federal funds that may be made available for these purposes.
(b) The executive director is authorized to allocate and award
funds to cities, counties, school districts, county offices of
education, or any consortium thereof, and community-based
organizations in which gang violence suppression programs are
established in substantial compliance with the policies and criteria
set forth in this chapter.
(c) The allocation and award of funds shall be made on the
application of the district attorney, chief law enforcement officer,
or chief probation officer of the applicant unit of government and
approved by the legislative body, on the application of school
districts, county offices of education, or any consortium thereof, or
on the application of the chief executive of a community-based
organization. All programs funded pursuant to this chapter shall
work cooperatively to ensure the highest quality provision of
services and to reduce unnecessary duplication. Funds disbursed
under this chapter shall not supplant local funds that would, in the
absence of the Gang Violence Suppression Program, be made available
to support the activities set forth in this chapter. Funds awarded
under this program as local assistance grants shall not be subject to
review as specified in Section 10295 of the Public Contract Code.
(d) The executive director shall prepare and issue written program
and administrative guidelines and procedures for the Gang Violence
Suppression Program, consistent with this chapter. These guidelines
shall set forth the terms and conditions upon which the agency or
agencies designated by the Director of Finance pursuant to Section
13820 is prepared to offer grants of funds pursuant to statutory
authority. The guidelines do not constitute rules, regulations,
orders, or standards of general application.
(e) Annually, commencing November 1, 1984, the executive director
shall prepare a report to the Legislature describing in detail the
operation of the statewide program and the results obtained by
district attorneys' offices, local law enforcement agencies, county
probation departments, school districts, county offices of education,
or any consortium thereof, and community-based organizations
receiving funds under this chapter and under comparable federally
financed awards.
(f) Criteria for selection of district attorneys' offices, local
law enforcement agencies, county probation departments, school
districts, county offices of education, or any consortium thereof,
and community-based organizations to receive gang violence
suppression funding shall be developed in consultation with the Gang
Violence Suppression Advisory Committee whose members shall be
appointed by the Executive Director of the agency or agencies
designated by the Director of Finance pursuant to Section 13820,
unless otherwise designated.
(g) The Gang Violence Suppression Advisory Committee shall be
composed of five district attorneys; two chief probation officers;
two representatives of community-based organizations; three attorneys
primarily engaged in the practice of juvenile criminal defense;
three law enforcement officials with expertise in gang-related
investigations; one member from the California Youth Authority Gang
Task Force nominated by the Director of the California Youth
Authority; one member of the Department of Corrections Law
Enforcement Liaison Unit nominated by the Director of the Department
of Corrections; one member from the Department of Justice nominated
by the Attorney General; the Superintendent of Public Instruction, or
his or her designee; one member of the California School Boards
Association; and one representative of a school program specializing
in the education of the target population identified in this chapter.

Five members of the Gang Violence Suppression Advisory Committee
appointed by the Executive Director of the agency or agencies
designated by the Director of Finance pursuant to Section 13820 shall
be from rural or predominately suburban counties and shall be
designated by the Executive Director as comprising the Rural Gang
Task Force Subcommittee.
The Rural Gang Task Force Subcommittee, in coordination with the
Gang Violence Suppression Advisory Committee and the agency or
agencies designated by the Director of Finance pursuant to Section
13820, shall review the Gang Violence Suppression Program
participation requirements and recommend changes in the requirements
which recognize the unique conditions and constraints that exist in
small rural jurisdictions and enhance the ability of small rural
jurisdictions to participate in the Gang Violence Suppression
Program.
(h) The Director of the agency or agencies designated by the
Director of Finance pursuant to Section 13820 shall designate a staff
member in the Gang Violence Suppression Program to act as the Rural
Gang Prevention Coordinator and to provide technical assistance and
outreach to rural jurisdictions with emerging gang activities. It is
the intent of the Legislature that compliance with this subdivision
not necessitate an additional staff person.
(i) This section shall be operative January 1, 1994.



13826.11. (a) The Legislature hereby finds and declares the
following:
(1) There is a greater threat to public safety resulting from
gang- and drug-related activity in and near California's inner
cities.
(2) Young people, especially at-risk youth, are more vulnerable to
gang-and drug-related activity during the potentially unsupervised
hours between the end of school and the time their parents or
guardians return home from work.
(3) Without local prevention and treatment efforts, hard drugs
will continue to threaten and destroy families and communities in and
near the inner cities. Drug-related violence may then escalate
dramatically in every community, and thereby burden the criminal
justice system to the point that it cannot function effectively.
(4) Los Angeles currently leads the nation in the number of gang
members and gang sites, the consumption of drugs, the amount of drugs
confiscated, drug-related violent crimes, and has the greatest
number of young people between 6 and 18 years of age who are "at
risk."
(5) It is the intent of the Legislature that a pilot program, the
"After School Alternative Program" (ASAP), be established and
implemented within a specified Los Angeles community. This community
program would utilize the public schools, businesses, and community
facilities to provide supportive programs and activities to young
people during the time between the end of school and the return home
of their parents or guardians (from approximately 3 p.m. to 7 p.m.).




13826.15. (a) The Legislature hereby finds and declares that the
implementation of the Gang Violence Suppression Program, as provided
in this chapter, has made a positive impact in the battle against
crimes committed by gang members in California.
The Legislature further finds and declares that the program, when
it was originally created in 1981, provided financial and technical
assistance only for district attorneys' offices. Since that time,
however, the provisions of the program have been amended by the
Legislature to enable additional public entities and community-based
organizations to participate in the program. In this respect, the
agency or agencies designated by the Director of Finance pursuant to
Section 13820, pursuant to Section 13826.1, administers funding for
the program by awarding grants to worthy applicants. Therefore, it
is the intent of the Legislature in enacting this measure to assist
the agency or agencies designated by the Director of Finance pursuant
to Section 13820 in setting forth guidelines for this funding.
(b) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 may give priority to applicants for new
grant awards, as follows:
(1) First priority may be given to applicants representing
unfunded single components, as specified in Sections 13826.2,
13826.4, 13826.5, 13826.6, and 13826.65, in those counties that
receive Gang Violence Suppression Program funding for some, but not
all, of the program's components. The purpose of establishing this
priority is to provide funding for a full complement of the five Gang
Violence Suppression Program components in those counties that have
less than all five components established.
(2) Second priority may be given to those applicants that propose
a multiagency, or multijurisdictional single component project,
whereby more than one agency would be funded as a joint project under
the single components specified in Sections 13826.2, 13826.4,
13826.5, 13826.6, and 13826.65, and the funding would be provided
through a single grant award.
(3) Third priority may be given to applicants that propose
multijurisdictional multicomponent projects, whereby all five Gang
Violence Suppression Program components, as specified in Sections
13826.2, 13826.4, 13826.5, 13826.6, and 13826.65, would be funded in
a county that does not currently receive Gang Violence Suppression
Program funds.
(4) Fourth priority may be given to those single agency single
component applicants, in counties wherein the program component is
not currently funded.
(c) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall consider the unique needs of, and
circumstances of jurisdiction in, rural and suburban counties when
awarding new grant funds.



13826.2. Gang violence prosecution units receiving funds under this
chapter shall concentrate enhanced prosecution efforts and resources
upon cases identified under criteria set forth in Section 13826.3.
Enhanced prosecution efforts shall include, but not be limited to:
(a) "Vertical" prosecutorial representation, whereby the
prosecutor who makes the initial filing or appearance in a
gang-related case will perform all subsequent court appearances on
that particular case through its conclusion, including the sentencing
phase.
(b) Assignment of highly qualified investigators and prosecutors
to gang-related cases.
(c) Significant reduction of caseloads for investigators and
prosecutors assigned to gang-related cases.
(d) Measures taken in coordination with law enforcement agencies
to protect cooperating witnesses from intimidation or retribution at
the hands of gang members or associates.



13826.3. (a) An individual shall be subject to gang violence
prosecution efforts who is under arrest for the commission or the
attempted commission of any gang-related violent crime where the
individual is (1) a known member of a gang, and (2) has exhibited a
prior criminal background.
(b) For purposes of this chapter, gang-related means that the
suspect or victim of the crime is a known member of a gang.
(c) For purposes of this chapter, gang violence prosecution
includes both criminal prosecutions and proceedings in Juvenile Court
in which a petition is filed pursuant to Section 602 of the Welfare
and Institutions Code.



13826.4. Law enforcement agencies receiving funds under this
chapter shall concentrate enhanced law enforcement efforts and
resources upon cases identified under criteria set forth in Section
13826.3. Enhanced law enforcement criteria efforts shall include,
but not be limited to:
(a) The formation of a specialized gang violence unit whose staff
shall be composed of the most highly qualified and trained personnel.

(b) The efforts of the gang violence unit shall include, but not
be limited to:
(1) Increased efforts to apprehend, prosecute, and convict violent
"hard core" target gang members.
(2) Increasing the clearance rate of reported crimes which are
targeted as gang related.
(3) Establishing more positive relations with, and encouraging the
support of local citizens, community-based organizations, business
representatives, and other criminal agencies.
(4) Aiding and assisting other criminal justice and governmental
agencies in protecting cooperating witnesses from intimidation or
retribution at the hands of gang members and their associates.
(c) Law enforcement agencies receiving funds under this program
shall maintain a crime analysis capability which provides the
following type of information:
(1) Identification of active gang members who have exhibited a
prior criminal background.
(2) Identification of evolving or existing crime patterns that are
gang related.
(3) Providing investigative leads.
(4) Maintaining statistical information pertaining to gang related
criminal activity.



13826.5. County probation departments receiving funding under this
chapter shall strictly enforce court-ordered conditions of probation
for gang members.
(a) County probation departments supported under the Gang Violence
Suppression Program shall implement the following activities:
(1) A Gang Violence Intensive Supervision Unit dealing with gang
members shall be established.
(2) Criteria used to determine which probationer shall be assigned
to the Gang Violence Intensive Supervision Unit shall be approved by
the district attorney having a Gang Violence Prosecution Unit
described in Section 13826.2.
(3) Probationers whose cases are assigned to the intensive
supervision unit shall be informed of what types of behavior are
prescribed or forbidden. The notice shall be provided in both oral
and written form.
(4) Probationers whose cases are assigned to the intensive
supervision unit shall be informed, in writing, that all
court-ordered conditions of probation will be strictly enforced.
(5) Deputy probation officers in the intensive supervision unit
shall have reduced probationer caseloads and shall coordinate their
supervision efforts with law enforcement and prosecution personnel.
The coordination shall include informing law enforcement and
prosecution personnel of the conditions set for probationers and of
the strict enforcement procedures to be implemented.
(6) Deputy probation officers in the intensive supervision unit
shall coordinate with the district attorney in ensuring that
court-ordered conditions of probation are consistently enforced.
(7) Intensive supervision unit deputy probation officers shall
coordinate, whenever feasible, with community-based organizations in
seeking to ensure that probationers adhere to their court-ordered
conditions.
(b) County probation departments may implement the California TEAM
(Together Each Achieves More) Sports Camp Program, as described in
Article 23.5 (commencing with Section 875) of Chapter 2 of Part 1 of
Division 2 of the Welfare and Institutions Code.



13826.6. For purposes of this chapter, a "community-based"
organization is defined as a nonprofit operation established to serve
gang members, their families, schools, and the community with
programs of community supervision and service that maintain community
participation in the planning, operation, and evaluation of their
programs.
"Community-based" organization also includes public park and
recreation agencies, public libraries, and public community services
departments that provide gang suppression activities, either alone or
in cooperation with other public agencies or other community-based
organizations.
(a) Unless funded pursuant to subdivision (c), community-based
organizations supported under the Gang Violence Suppression Program
shall implement the following activities:
(1) Providing information to law enforcement agencies concerning
gang related activities in the community.
(2) Providing information to school administrators and staff
concerning gang related activities in the community.
(3) Providing conflict resolution by means of intervention or
mediation to prevent and limit gang crisis situations.
(4) Increasing witness cooperation through coordination with local
law enforcement and prosecutors and by education of the community
about the roles of these government agencies and the availability of
witness protection services.
(b) Community-based organizations funded pursuant to subdivision
(a) shall also implement at least one of the following activities:
(1) Maintaining a 24-hour public telephone message center for the
receipt of information and to assist individuals seeking services
from the organization.
(2) Maintaining a "rumor control" public telephone service to
provide accurate and reliable information to concerned citizens.
(3) Providing technical assistance and training concerning gang
related activities to school staff members, law enforcement
personnel, and community members including parental groups. This
training and assistance shall include coverage of how to prevent and
minimize intergang confrontations.
(4) Providing recreational activities for gang members or
potential gang members.
(5) Providing job training and placement services for youth.
(6) Referring gang members, as needed, to appropriate agencies for
the treatment of health, psychological, and drug-related problems.
(7) Administration of the Urban Corps Program pursuant to Section
13826.62.
(8) Mobilizing the community to share joint responsibility with
local criminal justice personnel to prevent and suppress gang
violence.
(c) Community-based organizations funded under the Gang Violence
Suppression Program for specialized school prevention and
intervention activities shall only be required to implement
activities in the schools which are designed to discourage students
from joining gangs and which offer or encourage students to
participate in alternative programs.
(d) Community-based organizations funded pursuant to the Gang
Violence Suppression Program as of January 1, 1997, shall receive
preference over public agencies in any future funding awards.



13826.62. (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820, the
Urban Corps Program. The Urban Corps Program is established as an
optional activity under Section 13826.6. Community-based
organizations receiving grants to participate in the Urban Corps
Program shall implement the following activities:
(1) Identification of publicly and privately administered programs
in the county dealing with the suppression or prevention of criminal
gang activities, or both.
(2) Maintenance of a listing of programs within the county
identified as dealing with the suppression or prevention of criminal
gang activities, or both.
(3) Surveying gang suppression and prevention organizations for
the types of services and activities each is engaged in, and
identifying needs among these organizations for resources to provide
services and fulfill their activities.
(4) Recruitment of volunteers, identification of their skills,
abilities and interests, and matching volunteers with the resources
needs of gang prevention and suppression organizations.
(5) Establishment of an urban respite program for the purpose of
preventing self-destructive activities and diverting (A) identified
youth gang members, and (B) youths who are at risk of becoming gang
members, for the purposes of reducing or eliminating incentives for
those youths to participate in gang-related crime activities.
(b) The Urban Corps Program shall operate within the agency or
agencies designated by the Director of Finance pursuant to Section
13820 for two years following the establishment of a contract with a
community-based organization to administer the program.
(c) This section shall be implemented to the extent that funds are
available to the agency or agencies designated by the Director of
Finance pursuant to Section 13820 for this purpose.




13826.65. School districts, county offices of education, or any
consortium thereof, receiving funding under this chapter shall
develop or adopt and implement a gang violence prevention curriculum,
provide gang violence prevention and intervention services for
school-aged children, and shall be encouraged to do all of the
following:
(a) Establish a local steering committee comprised of
representatives of each local program funded under this chapter,
corporations, small businesses, and other appropriate local, county,
and community organization knowledgeable in the area of youth gang
violence.
(b) Develop and distribute information concerning parent education
and parenting classes, including methods whereby parents may
recognize youth gang involvement.
(c) Identify and utilize the resources of appropriate
community-based organizations involved in the coordination of after
school activities for school-aged youth.
(d) Establish contact between positive role models and youth
involved in gang activity through adopt-a-youth programs and similar
programs.
(e) Incorporate into gang prevention activities references to the
relationship between drug abuse and gang violence.
(f) Develop partnerships between schools and businesses for the
purpose of enhancing pupil achievement through such methods as
tutorial services, field trips, role modeling, and other supportive
services.
(g) Develop methods of assuring followup services for children
receiving the initial gang violence prevention and intervention
services.



13826.7. The agency or agencies designated by the Director of
Finance pursuant to Section 13820 and the California Council on
Criminal Justice are encouraged to utilize any federal funds that may
become available for purposes of this chapter. This chapter becomes
operative only if federal funds are made available for its
implementation.
OFFICE OF GANG AND YOUTH VIOLENCE POLICY
13827. (a) There is within the Governor's Office of Emergency
Services, the Office of Gang and Youth Violence Policy.
(b) (1) The Office of Gang and Youth Violence Policy shall be
responsible for identifying and evaluating state, local, and federal
gang and youth violence suppression, intervention, and prevention
programs and strategies, along with funding for those efforts. The
director shall be responsible for monitoring, assessing, and
coordinating 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. The director shall communicate with local agencies and
programs in an effort to promote the best practices for addressing
gang and youth violence through suppression, intervention, and
prevention.
(2) The office shall develop a comprehensive set of
recommendations to define its mission, role, and responsibilities as
a statewide entity dedicated to reducing violence and the
proliferation of gangs and gang violence in California communities.
(3) In developing this set of recommendations, the office shall
collaborate with a wide range of state and local stakeholders,
including, but not limited to, community-based organizations serving
at-risk populations and neighborhoods, law enforcement, educators,
the courts, policy experts and scholars with expertise in the area of
criminal street gangs, and local policymakers.
(4) The office, in collaboration with the stakeholders specified
in paragraph (3), shall include in its deliberations the most
effective role for the office with respect to the following:
(A) The collection and analysis of data on gang membership
statewide and the effectiveness of various gang prevention efforts.
(B) The development of reliable and accurate sources of data to
measure the scale and characteristics of California's gang problems.

(C) The development of a clearinghouse for research on gangs,
at-risk youth, and prevention and intervention programs in order to
identify best practices and evidence-based programming, as well as
unsuccessful practices, and in order to promote effective strategies
for reducing gang involvement and gang violence.
(D) Assisting state and local governmental and nongovernmental
entities in developing violence and gang prevention strategies,
including built-in evaluation components.
(E) The development of sustained coordination mechanisms among
state, local, and regional entities.
(F) The identification of available or needed federal, state,
regional, local, and private funding resources.
(G) Providing or otherwise promoting public education on effective
programs, models, and strategies for the control of violence and
serving as a clearinghouse for information on gang violence
prevention issues, programs, resources, and research.
(H) Providing or otherwise promoting training and technical
assistance to help build the capacity of organizations, communities,
and local government to develop, implement, and evaluate gang
violence prevention programs.
(I) Providing information and guidance to state and local
governmental and nongovernmental entities on accessing state and
federal resources to prevent gang violence.
(J) Facilitating greater integration between existing entities
with respect to gang prevention efforts.



13827.1. There is within the Office of Emergency Services, the
following offices:
(a) Director of the Office of Gang and Youth Violence Policy. The
director shall report directly to the office of the Governor.
(b) Chief Deputy Director of Gang and Youth Violence Policy.



13827.2. The Office of Gang and Youth Violence Policy shall
establish an Internet Web site, in coordination with the Office of
Emergency Services, that provides an Internet hyperlink to the
various grants administered by the Office of Emergency Services and
technical assistance on the process for applying for grants.
JUDICIAL TRAINING PROGRAMS FOR CHILD ***UAL
ABUSE CASES
13828. The Legislature hereby finds and declares that there is a
need to develop and provide training programs regarding the handling
of judicial proceedings involving the victims of child ***ual abuse.
It is the intent of the Legislature in enacting this chapter to
provide training programs which will ensure that children who are the
victims of ***ual abuse shall be treated with special consideration
during all proceedings related to allegations of child ***ual abuse,
including all trials and administrative hearings.



13828.1. From funds appropriated for those purposes, the Judicial
Council shall establish and maintain an ongoing program to provide
training for the judicial branch of government relating to the
handling of child ***ual abuse cases.
CRIMINAL JUSTICE PLANNING COMMITTEE FOR STATE
JUDICIAL SYSTEM
General Provisions


13830. There is hereby created in state government a Judicial
Criminal Justice Planning Committee of seven members. The Judicial
Council shall appoint the members of the committee who shall hold
office at its pleasure. In this respect the Legislature finds as
follows:
(a) The California court system has a constitutionally established
independence under the judicial and separation of power clauses of
the State Constitution.
(b) The California court system has a statewide structure created
under the Constitution, state statutes and state court rules, and the
Judicial Council of California is the constitutionally established
state agency having responsibility for the operation of that
structure.
(c) The California court system will be directly affected by the
criminal justice planning that will be done under this title and by
the federal grants that will be made to implement that planning.
(d) For effective planning and implementation of court projects it
is essential that the agency or agencies designated by the Director
of Finance pursuant to Section 13820 have the advice and assistance
of a state judicial system planning committee.



13831. The California Council on Criminal Justice may request the
advice and assistance of the Judicial Criminal Justice Planning
Committee in carrying out its functions under Chapter 2 of this
title.


13832. The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall consult with, and shall seek the
advice of, the Judicial Criminal Justice Planning Committee in
carrying out its functions under Chapter 3 of this title insofar as
they affect the California court system.
In addition, any grant of federal funds made or approved by the
office which is to be implemented in the California court system
shall be submitted to the Judicial Criminal Justice Planning
Committee for its review and recommendations before being presented
to the California Council on Criminal Justice for its action.



13833. The expenses necessarily incurred by the members of the
Judicial Criminal Justice Planning Committee in the performance of
their duties under this title shall be paid by the Judicial Council,
but it shall be reimbursed by the agency or agencies designated by
the Director of Finance pursuant to Section 13820 to the extent that
federal funds can be made available for that purpose. Staff support
for the committee's activities shall be provided by the Judicial
Council, but the cost of that staff support shall be reimbursed by
the agency or agencies designated by the Director of Finance pursuant
to Section 13820 to the extent that federal funds can be made
available for that purpose.
Local Assistance Centers for Victims and
Witnesses

13835. The Legislature finds and declares as follows:
(a) That there is a need to develop methods to reduce the trauma
and insensitive treatment that victims and witnesses may experience
in the wake of a crime, since all too often citizens who become
involved with the criminal justice system, either as victims or
witnesses to crime, are further victimized by that system.
(b) That when a crime is committed, the chief concern of criminal
justice agencies has been apprehending and dealing with the criminal,
and that after police leave the scene of the crime, the victim is
frequently forgotten.
(c) That victims often become isolated and receive little
practical advice or necessary care.
(d) That witnesses must make arrangements to appear in court
regardless of their own schedules, child care responsibilities, or
transportation problems, and that they often find long waits, crowded
courthouse hallways, confusing circumstances and, after testifying,
receive no information as to the disposition of the case.
(e) That a large number of victims and witnesses are unaware of
both their rights and obligations.
(f) That although the State of California has a fund for needy
victims of violent crimes, and compensation is available for medical
expenses, lost income or wages, and rehabilitation costs, the
application process may be difficult, complex, and time-consuming,
and victims may not be aware that the compensation provisions exist.

It is, therefore, the intent of the Legislature to provide
services to meet the needs of both victims and witnesses of crime
through the funding of local comprehensive centers for victim and
witness assistance.



13835.2. (a) Funds appropriated from the Victim-Witness Assistance
Fund shall be made available through the agency or agencies
designated by the Director of Finance pursuant to Section 13820 to
any public or private nonprofit agency for the assistance of victims
and witnesses that meets all of the following requirements:
(1) It provides comprehensive services to victims and witnesses of
all types of crime. It is the intent of the Legislature to make
funds available only to programs that do not restrict services to
victims and witnesses of a particular type of crime, and do not
restrict services to victims of crime in which there is a suspect in
the case.
(2) It is recognized by the board of supervisors as the major
provider of comprehensive services to victims and witnesses in the
county.
(3) It is selected by the board of supervisors as the agency to
receive funds pursuant to this article.
(4) It assists victims of crime in the preparation, verification,
and presentation of their claims to the California Victim
Compensation and Government Claims Board for indemnification pursuant
to Article 1 (commencing with Section 13959) of Part 4 of Division 3
of Title 2 of the Government Code.
(5) It cooperates with the California Victim Compensation and
Government Claims Board in verifying the data required by Article 1
(commencing with Section 13959) of Part 4 of Division 3 of Title 2 of
the Government Code.
(b) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall consider the following factors,
together with any other circumstances it deems appropriate, in
awarding funds to public or private nonprofit agencies designated as
victim and witness assistance centers:
(1) The capability of the agency to provide comprehensive services
as defined in this article.
(2) The stated goals and objectives of the center.
(3) The number of people to be served and the needs of the
community.
(4) Evidence of community support.
(5) The organizational structure of the agency that will operate
the center.
(6) The capability of the agency to provide confidentiality of
records.
(c) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall conduct an evaluation of the
activities and performance of the centers established pursuant to
Chapter 1256 of the Statutes of 1977 to determine their ability to
comply with the intent of this article, and shall report the findings
thereon to the Legislature by January 1, 1985.




13835.4. In order to insure the effective delivery of comprehensive
services to victims and witnesses, a center established by an agency
receiving funds pursuant to this article shall carry out all of the
following activities in connection with both primary and optional
services:
(a) Translation services for non-English speaking victims and
witnesses or the hearing-impaired.
(b) Follow-up contact to determine whether the client received the
necessary assistance.
(c) Field visits to a client's home, place of business, or other
location, whenever necessary to provide services.
(d) Service to victims and witnesses of all types of crime.
(e) Volunteer participation to encourage community involvement.
(f) Services for elderly victims of crime, appropriate to their
special needs.



13835.5. (a) Comprehensive services shall include all of the
following primary services:
(1) Crisis intervention, providing timely and comprehensive
responses to the individual needs of victims.
(2) Emergency assistance, directly or indirectly providing food,
housing, clothing, and, when necessary, cash.
(3) Resource and referral counseling to agencies within the
community which are appropriate to meet the victim's needs.
(4) Direct counseling of the victim on problems resulting from the
crime.
(5) Assistance in the processing, filing, and verifying of claims
filed by victims of crime pursuant to Article 1 (commencing with
Section 13959) of Part 4 of Division 3 of Title 2 of the Government
Code.
(6) Assistance in obtaining the return of a victim's property held
as evidence by law enforcement agencies, if requested.
(7) Orientation to the criminal justice system.
(8) Court escort.
(9) Presentations to and training of criminal justice system
agencies.
(10) Public presentations and publicity.
(11) Monitoring appropriate court cases to keep victims and
witnesses apprised of the progress and outcome of their case.
(12) Notification to friends, relatives, and employers of the
occurrence of the crime and the victim's condition, upon request of
the victim.
(13) Notification to the employer of the victim or witness, if
requested by the victim or witness, informing the employer that the
employee was a victim of or witness to a crime and asking the
employer to minimize any loss of pay or other benefits which may
result because of the crime or the employee's participation in the
criminal justice system.
(14) Upon request of the victim, assisting in obtaining
restitution for the victim, in ascertaining the victim's economic
loss, and in providing the probation department, district attorney,
and court with information relevant to his or her losses prior to the
imposition of sentence.
(b) Comprehensive services may include the following optional
services, if their provision does not preclude the efficient
provision of primary services:
(1) Employer intervention.
(2) Creditor intervention.
(3) Child care.
(4) Notification to witnesses of any change in the court calendar.

(5) Funeral arrangements.
(6) Crime prevention information.
(7) Witness protection, including arranging for law enforcement
protection or relocating witnesses in new residences.
(8) Assistance in obtaining temporary restraining orders.
(9) Transportation.
(10) Provision of a waiting area during court proceedings separate
from defendants and families and friends of defendants.



13835.6. (a) The agency or agencies designated by the Director of
Finance pursuant to Section 13820, in cooperation with
representatives from local victim and witness assistance centers,
shall develop standards defining the activities and services
enumerated in this article.
(b) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 in cooperation with representatives from
local victim and witness assistance centers, shall develop a method
of evaluating the activities and performance of centers established
pursuant to this article.
By January 1, 1985, the agency or agencies designated by the
Director of Finance pursuant to Section 13820 shall prepare and
submit to the Legislature a report summarizing the effectiveness of
victim and witness assistance centers established pursuant to this
article. That report shall include, but not be limited to, the
effectiveness in achieving the functions and the services enumerated
in the article.



13835.7. There is in the State Treasury the Victim-Witness
Assistance Fund. Funds appropriated thereto shall be dispensed to
the agency or agencies designated by the Director of Finance pursuant
to Section 13820 exclusively for the purposes specified in this
article and for the support of the centers specified in Section
13837.



13835.10. (a) The Legislature finds and declares all of the
following:
(1) That the provision of quality services for victims of crime is
of high priority.
(2) That existing victim service programs do not have sufficient
financial resources to consistently recruit and employ fully trained
personnel.
(3) That there is no consistency in the training provided to the
various agencies serving victims.
(4) That comprehensive training for victim service agencies is
geographically limited or unavailable.
(5) That there is currently no statewide comprehensive training
system in place for the state to insure that all service providers
receive adequate training to provide quality services to victims of
crime.
(6) It is the intention of the Legislature to establish a
statewide training program within the agency or agencies designated
by the Director of Finance pursuant to Section 13820 to provide
comprehensive standardized training to victim service providers.
(b) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall establish a statewide
victim-assistance training program, the purpose of which is to
develop minimum training and selection standards, certify training
courses, and provide funding to enable local victim service providers
to acquire the required training.
(c) (1) For the purpose of raising the level of competence of
local victim service providers, the office shall adopt guidelines
establishing minimum standards of training for employees of
victim-witness and ***ual assault programs funded by the office to
provide services to victims of crime. The agency or agencies shall
establish an advisory committee composed of recognized statewide
victim service organizations, representatives of local victim service
programs, and others selected at the discretion of the executive
director to consult on the research and development of the training,
selection, and equivalency standards.
(2) Any local unit of government, community-based organization, or
any other public or private nonprofit entity funded by the agency or
agencies as a victim-witness or ***ual assault program to provide
services to victims of crime shall adhere to the training and
selection standards established by the agency or agencies. The
standards for ***ual assault victim service programs developed by the
advisory committee established pursuant to Section 13836 shall be
the standards for purposes of this section. With the exception of
the ***ual assault standards, the agency or agencies shall conduct or
contract with an appropriate firm or entity for research on
validated standards pursuant to this section in consultation with the
advisory committee established pursuant to paragraph (1). The
agency or agencies may defer the adoption of the selection standards
until the necessary research is completed. Until the standards are
adopted, affected victim service programs may receive state funding
from the agency or agencies upon certification of their willingness
to adhere to the training standards adopted by the agency or
agencies.
(3) Minimum training and selection standards may include, but
shall not be limited to, basic entry, continuation, supervisory,
management, specialized curricula, and confidentiality.
(4) Training and selection standards shall apply to all victim
service and management personnel of the victim-witness and ***ual
assault agencies funded by the agency or agencies to provide services
to victims of crime. Exemptions from this requirement may be made
by the agency or agencies. An agency which, despite good faith
efforts, is unable to meet the standards established pursuant to this
section, may apply to the agency or agencies for an exemption. For
the purpose of exemptions, the agency or agencies may establish
procedures that allow for partial adherence. The agency or agencies
may develop equivalency standards which recognize professional
experience, education, training, or a combination of the above, for
personnel hired before July 1, 1987.
(5) Nothing in this section shall prohibit an agency, funded by
the agency or agencies to provide services to victims of crime, from
establishing training and selection standards which exceed the
minimum standards established by the agency or agencies pursuant to
this section.
(d) For purposes of implementing this section, the agency or
agencies has all of the following powers:
(1) To approve or certify, or both, training courses selected by
the agency or agencies.
(2) To make those inquiries which may be necessary to determine
whether every local unit of government, community-based organization,
or any other public or private entity receiving state aid from the
agency or agencies as a victim-witness or ***ual assault program for
the provision of services to victims of crime, is adhering to the
standards for training and selection established pursuant to this
section.
(3) To adopt those guidelines which are necessary to carry out the
purposes of this section.
(4) To develop or present, or both, training courses for victim
service providers, or to contract with coalitions, councils, or other
designated entities, to develop or present, or both, those training
courses.
(5) To perform other activities and studies necessary to carry out
the intent of this section.
(e) (1) The agency or agencies may utilize any funds that may
become available from the Victim-Witness Assistance Fund to fund the
cost of training staff of victim service agencies which are funded by
the agency or agencies from the fund. The agency or agencies may
utilize federal or other state funds that may become available to
fund the cost of training staff of victim service agencies which are
not eligible for funding from the Victim-Witness Assistance Fund.
(2) Peace officer personnel whose jurisdictions are eligible for
training subvention pursuant to Chapter 1 (commencing with Section
13500) of Title 4 of this part and correctional or probation
personnel whose jurisdictions are eligible for state aid pursuant to
Article 2 (commencing with Section 6035) of Chapter 5 of Title 7 of
Part 3 are not eligible to receive training reimbursements under this
section unless the person receiving the training is assigned to
provide victim services in accordance with a grant award agreement
with the agency or agencies and is attending training to meet the
established standards.

[هيثم الفقى]

Training of ***ual Assault Investigators


13836. The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall establish an advisory committee
which shall develop a course of training for district attorneys in
the investigation and prosecution of ***ual assault cases, child
***ual exploitation cases, and child ***ual abuse cases and shall
approve grants awarded pursuant to Section 13837. The courses shall
include training in the unique emotional trauma experienced by
victims of these crimes.
It is the intent of the Legislature in the enactment of this
chapter to encourage the establishment of *** crime prosecution
units, which shall include, but not be limited to, child ***ual
exploitation and child ***ual abuse cases, in district attorneys'
offices throughout the state.



13836.1. The committee shall consist of 11 members. Five shall be
appointed by the executive director of the agency or agencies
designated by the Director of Finance pursuant to Section 13820, and
shall include three district attorneys or assistant or deputy
district attorneys, one representative of a city police department or
a sheriff or a representative of a sheriff's department, and one
public defender or assistant or deputy public defender of a county.
Six shall be public members appointed by the Commission on the Status
of Women, and shall include one representative of a rape crisis
center, and one medical professional experienced in dealing with
***ual assault trauma victims. The committee members shall represent
the points of view of diverse ethnic and language groups.
Members of the committee shall receive no compensation for their
services but shall be reimbursed for their expenses actually and
necessarily incurred by them in the performance of their duties.
Staff support for the committee shall be provided by the agency or
agencies designated by the Director of Finance pursuant to Section
13820.



13836.2. (a) The office shall reimburse each county for the costs
of salaries and transportation to the extent necessary to permit up
to 10 percent of the staff of the district attorney to complete the
course of training established pursuant to this chapter. The office
shall prescribe the manner in which the training shall be obtained.
The training shall be offered at least twice each year in both
northern and southern California.
(b) The office shall seek certification from the State Bar of the
course as a course which may be taken to complete the Criminal Law
Specialist Certificate.


Rape Victim Counseling Centers

13837. (a) The OES shall provide grants to proposed and existing
child ***ual exploitation and child ***ual abuse victim counseling
centers and prevention programs. Grant recipients shall provide
appropriate in-person counseling and referral services during normal
business hours, and maintain other standards or services which shall
be determined to be appropriate by the advisory committee established
pursuant to Section 13836 as grant conditions. The advisory
committee shall identify the criteria to be utilized in awarding the
grants provided by this chapter before any funds are allocated.
In order to be eligible for funding pursuant to this chapter, the
centers shall demonstrate an ability to receive and make use of any
funds available from governmental, voluntary, philanthropic, or other
sources which may be used to augment any state funds appropriated
for purposes of this chapter. Each center receiving funds pursuant
to this chapter shall make every attempt to qualify for any available
federal funding.
State funds provided to establish centers shall be utilized when
possible, as determined by the advisory committee, to expand the
program and shall not be expended to reduce fiscal support from other
public or private sources. The centers shall maintain quarterly and
final fiscal reports in a form to be prescribed by the administering
agency. In granting funds, the advisory committee shall give
priority to centers which are operated in close proximity to medical
treatment facilities.
(b) (1) It is the intent of the Legislature that a goal or purpose
of the OES shall be to ensure that all victims of ***ual assault and
rape receive comprehensive, quality services, and to decrease the
incidence of ***ual assault through school and community education
and prevention programs.
(2) The OES and the advisory committee established pursuant to
Section 13836 shall collaboratively administer ***ual assault/rape
crisis center victim services programs and provide grants to proposed
and existing ***ual assault services programs (SASPs) operating
local rape victim centers and prevention programs. All SASPs shall
provide the services in subparagraphs (A) to (G), inclusive, and to
the extent federal funding is made available, shall also provide the
service described in subparagraph (H). The OES shall provide
financial and technical assistance to SASPs in implementing the
following services:
(A) Crisis intervention, 24 hours per day, seven days per week.
(B) Followup counseling services.
(C) In-person counseling, including group counseling.
(D) Accompaniment services.
(E) Advocacy services.
(F) Information and referrals to victims and the general public.
(G) Community education presentations.
(H) Rape prevention presentations and self-defense programs.
(3) The funding process for distributing grant awards to SASPs
shall be administered as follows:
(A) The OES and the advisory committee established pursuant to
Section 13836 shall collaboratively adopt each of the following:
(i) The process and standards for determining whether to grant,
renew, or deny funding to any SASP applying or reapplying for funding
under the terms of the program.
(ii) For SASPs applying for grants under the RFP process described
in subparagraph (B), a system for grading grant applications in
relation to the standards established pursuant to clause (i), and an
appeal process for applications that are denied. A description of
this grading system and appeal process shall be provided to all SASPs
as part of the application required under the RFP process.
(iii) For SASPs reapplying for funding under the RFA process
described in subparagraph (D), a system for grading the performance
of SASPs in relation to the standards established pursuant to clause
(i), and an appeal process for decisions to deny or reduce funding.
A description of this grading system and appeal process shall be
provided to all SASPs receiving grants under this program.
(B) Grants for centers that have previously not been funded or
were not funded in the previous cycle shall be awarded as a result of
a competitive request for proposal (RFP) process. The RFP process
shall comply with all applicable state and federal statutes for
***ual assault/rape crisis center funding, and to the extent
possible, the response to the RFP shall not exceed 25 narrative
pages, excluding attachments.
(C) Grants shall be awarded to SASPs that propose to maintain
services previously granted funding pursuant to this section, to
expand existing services or create new services, or to establish new
***ual assault/rape crisis centers in underserved or unserved areas.
Each grant shall be awarded for a three-year term.
(D) SASPs reapplying for grants shall not be subject to a
competitive bidding grant process, but shall be subject to a request
for application (RFA) process. The RFA process for a SASP
reapplying for grant funds shall consist in part of an assessment of
the past performance history of the SASP in relation to the standards
established pursuant to subparagraph (A). The RFA process shall
comply with all applicable state and federal statutes for ***ual
assault/rape crisis center funding, and to the extent possible, the
response to the RFA shall not exceed 10 narrative pages, excluding
attachments.
(E) Any SASP funded through this program in the previous grant
cycle shall be funded upon reapplication, unless its past performance
history fails to meet the standards established pursuant to clause
(i) of subparagraph (A).
(F) The OES shall conduct a minimum of one site visit every three
years for each agency funded to provide ***ual assault/rape crisis
centers. The purpose of the site visit shall be to conduct a
performance assessment of, and provide subsequent technical
assistance for, each center visited. The performance assessment
shall include, but need not be limited to, a review of all of the
following:
(i) Progress in meeting program goals and objectives.
(ii) Agency organization and facilities.
(iii) Personnel policies, files, and training.
(iv) Recordkeeping, budgeting, and expenditures.
(v) Documentation, data collection, and client confidentiality.
(G) After each site visit conducted pursuant to subparagraph (F),
the OES shall provide a written report to the SASP summarizing the
performance of the SASP, any deficiencies noted, any corrective
action needed, and a deadline for corrective action to be completed.
The OES shall also develop a corrective action plan for verifying
the completion of any corrective action required. The OES shall
submit its written report to the SASP no more than 60 days after the
site visit. No grant under the RFA process shall be denied if the
SASP did not receive a site visit during the previous three years,
unless the OES is aware of criminal violations relative to the
administration of grant funding.
(H) SASPs receiving written reports of deficiencies or orders for
corrective action after a site visit shall be given no less than six
months' time to take corrective action before the deficiencies or
failure to correct may be considered in the next RFA process.
However, the OES shall have the discretion to reduce the time to take
corrective action in cases where the deficiencies present a
significant health or safety risk or when other severe circumstances
are found to exist. If corrective action is deemed necessary, and a
SASP fails to comply, or if other deficiencies exist that, in the
judgment of the OES, cannot be corrected, the OES shall determine,
using its grading system, whether continued funding for the SASP
should be reduced or denied altogether. If a SASP has been
determined to be deficient, the OES may, at any point during the SASP'
s funding cycle following the expiration of the period for corrective
action, deny or reduce any further funding.
(I) If a SASP applies or reapplies for funding pursuant to this
section and that funding is denied or reduced, the decision to deny
or reduce funding shall be provided in writing to the SASP, along
with a written explanation of the reasons for the reduction or denial
made in accordance with the grading system for the RFP or RFA
process. Except as otherwise provided, any appeal of the decision to
deny or reduce funding shall be made in accordance with the appeal
process established by the OES. The appeal process shall allow a
SASP a minimum of 30 days to appeal after a decision to deny or
reduce funding. All pending appeals shall be resolved before final
funding decisions are reached.
(J) It is the intent of the Legislature that priority for
additional funds that become available shall be given to currently
funded, new, or previously unfunded SASPs for expansion of services.
However, the OES may determine when expansion is needed to
accommodate underserved or unserved areas. If supplemental funding
is unavailable, the OES shall have the authority to lower the base
level of grants to all currently funded SASPs in order to provide
funding for currently funded, new, or previously unfunded SASPs that
will provide services in underserved or unserved areas. However, to
the extent reasonable, funding reductions shall be reduced
proportionately among all currently funded SASPs. After the amount
of funding reductions has been determined, SASPs that are currently
funded and those applying for funding shall be notified of changes in
the available level of funding prior to the next application
process. Funding reductions made under this paragraph shall not be
subject to appeal.
(K) Notwithstanding any other provision of this section, the OES
may reduce funding to a SASP funded pursuant to this section if
federal funding support is reduced. Funding reductions as a result
of a reduction in federal funding shall not be subject to appeal.
(L) Nothing in this section shall be construed to supersede any
function or duty required by federal acts, rules, regulations, or
guidelines for the distribution of federal grants.
(M) As a condition of receiving funding pursuant to this section,
a SASP shall do each of the following:
(i) Demonstrate an ability to receive and make use of any funds
available from governmental, voluntary, philanthropic, or other
sources that may be used to augment any state funds appropriated for
purposes of this chapter.
(ii) Make every attempt to qualify for any available federal
funding.
(N) For the purposes of this paragraph, "***ual assault" means an
act or attempt made punishable by Section 220, 261, 261.5, 262,
264.1, 266c, 285, 286, 288, 288a, or 647.6.
(O) For the purposes of this paragraph, "***ual assault service
program" or "SASP" means an agency operating a ***ual assault/rape
crisis center.



13838. "Peer counselor" means a provider of mental health
counseling services who has completed a specialized course in rape
crisis counseling skills development, participates in continuing
education in rape crisis counseling skills development, and provides
rape crisis counseling in consultation with a mental health
practitioner licensed within the State of California.

[هيثم الفقى]

CALIFORNIA COMMUNITY CRIME RESISTANCE PROGRAM


13840. The Legislature hereby finds the resistance to crime and
juvenile delinquency requires the cooperation of both community and
law enforcement officials; and that successful crime resistance
programs involving the participation of citizen volunteers and
community leaders shall be identified and given recognition. In
enacting this chapter, the Legislature intends to recognize
successful crime resistance and prevention programs, disseminate
successful techniques and information and to encourage local agencies
to involve citizen volunteers in efforts to combat crime and related
problems.



13841. As used in this chapter:
(a) "Community" means city or county governments or portions or
combinations thereof.
(b) "Elderly or senior citizen" means individuals 55 years of age
or older.
(c) "Teenagers and young adults" means individuals between the
ages of 15 and 24 years of age.
(d) "Community policing" means the coalescing of community
organizations, residents, law enforcement, public social services,
education, churches, and local governmental entities to unitedly
combat illegal drug activity within a designated neighborhood, and
create employment opportunity for neighborhood residents. In no case
shall "community policing" include expenditures for the purchase of
law enforcement equipment which would have been purchased from
existing resources in the normal course of business.



13843. (a) Allocation and award of funds made available under this
chapter shall be made upon application to the agency or agencies
designated by the Director of Finance pursuant to Section 13820. All
applications shall be reviewed and evaluated by the agency or
agencies designated by the Director of Finance pursuant to Section
13820.
(b) The Executive Director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820 may allocate and
award funds to communities developing and providing ongoing citizen
involvement and crime resistance programs in compliance with the
established policies and criteria of the agency or agencies
designated by the Director of Finance pursuant to Section 13820.
Applications receiving funding under this section shall be selected
from among those deemed appropriate for funding according to the
criteria, policy, and procedures established by the agency or
agencies designated by the Director of Finance pursuant to Section
13820.
(c) With the exception of funds awarded for programs authorized
under paragraph (2) of subdivision (b) of Section 13844, no single
award of funds under this chapter shall exceed a maximum of two
hundred fifty thousand dollars ($250,000) for a 12-month grant
period.
(d) Funds disbursed under this chapter shall not supplant local
funds that would, in the absence of the California Community Crime
Resistance Program, be made available to support crime resistance
programs.
(e) Funds disbursed under this chapter shall be supplemented with
local funds constituting, at a minimum, 10 percent of the total crime
resistance program budget during the initial year and 20 percent in
subsequent periods of funding.
(f) Annually, up to a maximum of 10 percent of the total funds
appropriated to the Community Crime Resistance Program may be used by
the agency or agencies designated by the Director of Finance
pursuant to Section 13820 to support statewide technical assistance,
training, and public awareness activities relating to crime
prevention.
(g) Funds awarded under this program as local assistance grants
shall not be subject to review as specified in Section 14780 of the
Government Code.
(h) Guidelines shall set forth the terms and conditions upon which
the agency or agencies designated by the Director of Finance
pursuant to Section 13820 is prepared to offer grants of funds
pursuant to statutory authority. The guidelines do not constitute
rules, regulations, orders or standards of general application.



13844. (a) Use of funds granted under the California Community
Crime Resistance Program are restricted to the following activities:

(1) Further the goal of a statewide crime prevention network by
supporting the initiation or expansion of local crime prevention
efforts.
(2) Provide information and encourage the use of new and
innovative refinements to the traditional crime prevention model in
localities that currently maintain a well-established crime
prevention program.
(3) Support the development of a coordinated service network,
including information exchange and case referral between such
programs as local victim-witness assistance programs, ***ual assault
programs, gang violence reduction programs, drug suppression
programs, elderly care custodians, state and local elderly service
programs, or any other established and recognizable local programs
devoted to the lessening of crime and the promotion of the community'
s well-being.
(b) With respect to the initiation or expansion of local crime
prevention efforts, projects supported under the California Community
Crime Resistance Program shall do either of the following:
(1) Carry out as many of the following activities as deemed, in
the judgment of the agency or agencies designated by the Director of
Finance pursuant to Section 13820, to be consistent with available
resources:
(A) Crime prevention programs using tailored outreach techniques
in order to provide effective and consistent services for the elderly
in the following areas:
(i) Crime prevention information to elderly citizens regarding
personal safety, fraud, theft, grand theft, burglary, and elderly
abuse.
(ii) Services designed to respond to the specific and diverse
crime prevention needs of elderly residential communities.
(iii) Specific services coordinated to assist in the installation
of security devices or provision of escort services and victim
assistance.
(B) Programs to provide training, information, and prevention
literature to peace officers, elderly care custodians, health
practitioners, and social service providers regarding physical abuse
and neglect within residential health care facilities for the
elderly.
(C) Programs to promote neighborhood involvement such as, but not
limited to, block clubs and other community or resident-sponsored
anticrime programs.
(D) Personal safety programs.
(E) Domestic violence prevention programs.
(F) Crime prevention programs specifically geared to youth in
schools and school district personnel.
(G) Programs which make available to residents and businesses
information on locking devices, building security and related crime
resistance approaches.
(H) In cooperation with the Commission on Peace Officer Standards
and Training, support for the training of peace officers in crime
prevention and its effects on the relationship between citizens and
law enforcement.
(I) Efforts to address the crime prevention needs of communities
with high proportions of teenagers and young adults, low-income
families, and non-English-speaking residents, including juvenile
delinquency diversion, social service referrals, and making available
crime resistance literature in appropriate languages other than
English.
(2) Implement a community policing program in targeted
neighborhoods that are drug infested. The goal of this program shall
be to empower the people against illegal drug activity. A program
funded pursuant to this chapter shall be able to target one or more
neighborhoods within the grant period. In order to be eligible for
funding, the program shall have the commitment of the community,
local law enforcement, school districts, and community service
groups; and shall be supported by either the city council or the
board of supervisors, whichever is applicable.
(c) With respect to the support of new and innovative techniques,
communities taking part in the California Crime Resistance Program
shall carry out those activities as determined by the agency or
agencies designated by the Director of Finance pursuant to Section
13820, that conform to local needs and are consistent with available
expertise and resources. These techniques may include, but are not
limited to, community policing programs or activities involving the
following:
(1) Programs to reinforce the security of "latchkey" children,
including neighborhood monitoring, special contact telephone numbers,
emergency procedure training for the children, daily telephone
checks for the children's well-being, and assistance in developing
safe alternatives to unsupervised conditions for children.
(2) Programs dedicated to educating parents in procedures designed
to do all of the following:
(A) Minimize or prevent the abduction of children.
(B) Assist children in understanding the risk of child abduction.

(C) Maximize the recovery of abducted children.
(3) Programs devoted to developing automated systems for
monitoring and tracking crimes within organized neighborhoods.
(4) Programs devoted to developing timely "feedback mechanisms"
whose goals would be to alert residents to new crime problems and to
reinforce household participation in neighborhood security
organizations.
(5) Programs devoted to creating and packaging special crime
prevention approaches tailored to the special needs and
characteristics of California's cultural and ethnic minorities.
(6) Research into the effectiveness of local crime prevention
efforts including the relationships between crime prevention
activities, participants' economic and demographic characteristics,
project costs, local or regional crime rate, and law enforcement
planning and staff deployment.
(7) Programs devoted to crime and delinquency prevention through
the establishment of partnership initiatives utilizing elderly and
juvenile volunteers.
(d) All approved programs shall utilize volunteers to assist in
implementing and conducting community crime resistance programs.
Programs providing elderly crime prevention programs shall recruit
senior citizens to assist in providing services.
(e) Programs funded pursuant to this chapter shall demonstrate a
commitment to support citizen involvement with local funds after the
program has been developed and implemented with state moneys.



13845. Selection of communities to receive funding shall include
consideration of, but need not be limited to, the following:
(1) Compliance with subdivisions (a), (b), and (c) of Section
13844.
(2) The rate of reported crime, by type, including, but not
limited to, the seven major offenses, in the community making the
application.
(3) The number of elderly citizens residing in the community
compared to the degree of service to be offered by the program for
the elderly population.
(4) The number and ratio of elderly crime victims compared to the
total senior citizen population in that community.
(5) The number of teenagers and young adults residing in the
community.
(6) The number and ratio of crimes committed by teenagers and
young adults.
(7) The proportion of families with an income below the federally
established poverty level in the community.
(8) The proportion of non-English-speaking citizens in the
community.
(9) The display of efforts of cooperation between the community
and their local law enforcement agency in dealing with the crime
problem.
(10) Demonstrated effort on the part of the applicant to show how
funds that may be awarded under this program may be coordinated or
consolidated with other local, state or federal funds available for
the activities set forth in Section 13844.
(11) Applicant must be a city or county government, or portion or
combinations thereof.



13845.5. Notwithstanding Section 13845, the selection of
communities to receive funding pursuant to paragraph (2) of
subdivision (b) of Section 13844 shall include consideration of, but
is not limited to, the following:
(a) The rate of reported drug crime within the community making
the application.
(b) The degree to which the program proposes to empower the people
within the targeted neighborhoods to combat drug crime.
(c) The display of efforts of cooperation between the community
and its local law enforcement agency in dealing with the drug crime
problem.
(d) The commitment of the targeted neighborhoods to fight the drug
problem.
(e) The commitment of local governmental entities to join with law
enforcement and the citizens to fight the drug problem. At a
minimum, this commitment shall be demonstrated by the school
districts, parks and recreation departments, public social services,
and code enforcement agencies.
(f) The approval of the program by either the city council or the
county board of supervisors.
(g) Demonstrated effort on the part of the applicant to show how
funds that may be awarded under this program may be coordinated or
consolidated with other local, state, or federal funds available for
the activities set forth in Section 13844.
(h) Applicant shall be a city or county law enforcement agency, or
portion, or combination thereof.



13846. (a) Evaluation and monitoring of all grants made under this
section shall be the responsibility of the agency or agencies
designated by the Director of Finance pursuant to Section 13820. The
agency or agencies designated by the Director of Finance pursuant to
Section 13820 shall issue standard reporting forms for reporting the
level of activities and number of crimes reported in participating
communities. The information shall be used in the biannual report to
the Legislature required in subdivision (i) of Section 13843. The
biannual report shall include, but not be limited to:
(1) The level of volunteer participation.
(2) The level of home and business security inspections.
(3) The number of programs directed at senior citizens and
teenagers.
(4) The report due November 1, 1992, as set forth in subdivision
(i) of Section 13843, shall also include the plan for implementation
of the program expansion authorized pursuant to this chapter and
shall include the results of a survey conducted by the agency or
agencies designated by the Director of Finance pursuant to Section
13820 to determine the types of community policing programs that
already exist to combat illegal drug activity in targeted
neighborhoods.
(b) Information on successful programs shall be made available and
relayed to other California communities through the technical
assistance procedures of the agency or agencies designated by the
Director of Finance pursuant to Section 13820.

[هيثم الفقى]

RURAL INDIAN CRIME PREVENTION PROGRAM
13847. (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820 a
program of financial and technical assistance for local law
enforcement, called the Rural Indian Crime Prevention Program. The
program shall target the relationship between law enforcement and
Native American communities to encourage and to strengthen
cooperative efforts and to implement crime suppression and prevention
programs.
(b) The Executive Director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820 may allocate and
award funds to those local units of government, or combinations
thereof, in which a special program is established in law enforcement
agencies that meets the criteria set forth in Sections 13847.1 and
13847.2.
(c) The allocation and award of funds shall be made upon
application executed by the chief law enforcement officer of the
applicant unit of government and approved by the legislative body.
Funds disbursed under this chapter shall not supplant local funds
that would, in the absence of the Rural Indian Crime Prevention
Program, be made available to support the suppression and prevention
of crime on reservations and rancherias.
(d) The executive director shall prepare and issue administrative
guidelines and procedures for the Rural Indian Crime Prevention
Program consistent with this chapter.
(e) The guidelines shall set forth the terms and conditions upon
which the agency or agencies designated by the Director of Finance
pursuant to Section 13820 is prepared to offer grants of funds
pursuant to statutory authority. The guidelines do not constitute
rules, regulations, orders, or standards of general application.
(f) Every three years, commencing on and after January 1, 1991,
the executive director shall prepare a report to the Legislature
describing in detail the operation of the program and the results
obtained from law enforcement rural Indian crime prevention programs
receiving funds under this chapter.



13847.1. Law enforcement agencies receiving funds under this
chapter shall meet the following criteria:
(a) Training of law enforcement personnel to be culturally
sensitive in the delivery of services to the Native American
communities. This training shall include, but shall not be limited
to, all of the following:
(1) The creation of an Indian community officer position.
(2) The recruiting and training of Native American volunteers to
assist in implementing and conducting reservation or rancheria crime
prevention programs.
(b) Increasing community crime awareness by establishing community
involvement programs, such as community or neighborhood watch
programs, tailored for reservations and rancherias.
(c) Establishing drug traffic intervention programs on
reservations through the increased use of law enforcement and special
assignment officers.
(d) Developing a delinquency prevention or diversion program for
Indian teenagers and young adults.



13847.2. (a) The Rural Indian and Law Enforcement Local Advisory
Committee shall be composed of a chief executive of a law enforcement
agency, two tribal council members, two tribal elders, one Indian
law enforcement officer, one Indian community officer, one
representative of the Bureau of Indian Affairs, and any additional
members that may prove to be crucial to the committee. All members
of the advisory committee shall be designated by the executive
director of the agency or agencies designated by the Director of
Finance pursuant to Section 13820, who shall provide staff services
to the advisory committee.
(b) The executive director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820, in consultation
with the advisory committee, shall develop specific guidelines, and
administrative procedures, for the selection of projects to be funded
by the Rural Indian Crime Prevention Program which guidelines shall
include the selection criteria described in this chapter.
(c) Administration of the overall program and the evaluation and
monitoring of all grants made under this chapter shall be performed
by the agency or agencies designated by the Director of Finance
pursuant to Section 13820, provided that funds expended for these
functions shall not exceed 5 percent of the total annual amount made
available for the purpose of this chapter.

[هيثم الفقى]

HIGH TECHNOLOGY THEFT APPREHENSION AND
PROSECUTION PROGRAM


13848. (a) It is the intent of the Legislature in enacting this
chapter to provide local law enforcement and district attorneys with
the tools necessary to successfully interdict the promulgation of
high technology crime. According to the federal Law Enforcement
Training Center, it is expected that states will see a tremendous
growth in high technology crimes over the next few years as computers
become more available and computer users more skilled in utilizing
technology to commit these faceless crimes. High technology crimes
are those crimes in which technology is used as an instrument in
committing, or assisting in the commission of, a crime, or which is
the target of a criminal act.
(b) Funds provided under this program are intended to ensure that
law enforcement is equipped with the necessary personnel and
equipment to successfully combat high technology crime which
includes, but is not limited to, the following offenses:
(1) White-collar crime, such as check, automated teller machine,
and credit card fraud, committed by means of electronic or
computer-related media.
(2) Unlawful access, destruction of or unauthorized entry into and
use of private, corporate, or government computers and networks,
including wireless and wireline communications networks and law
enforcement dispatch systems, and the theft, interception,
manipulation, destruction, or unauthorized disclosure of data stored
within those computers and networks.
(3) Money laundering accomplished with the aid of computer
networks or electronic banking transfers.
(4) Theft and resale of telephone calling codes, theft of
telecommunications service, theft of wireless communication service,
and theft of cable television services by manipulation of the
equipment used to receive those services.
(5) Software piracy and other unlawful duplication of information.

(6) Theft and resale of computer components and other high
technology products produced by the high technology industry.
(7) Remarking and counterfeiting of computer hardware and
software.
(8) Theft of trade secrets.
(c) This program is also intended to provide support to law
enforcement agencies by providing technical assistance to those
agencies with respect to the seizure and analysis of computer systems
used to commit high technology crimes or store evidence relating to
those crimes.


13848.2. (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820 a
program of financial and technical assistance for law enforcement and
district attorneys' offices, designated the High Technology Theft
Apprehension and Prosecution Program. All funds appropriated to the
agency or agencies designated by the Director of Finance pursuant to
Section 13820 for the purposes of this chapter shall be administered
and disbursed by the executive director of the office in consultation
with the High Technology Crime Advisory Committee as established in
Section 13848.6 and shall to the extent feasible be coordinated with
federal funds and private grants or private donations that are made
available for these purposes.
(b) The Executive Director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820 is authorized to
allocate and award funds to regional high technology crime programs
which are established in compliance with Section 13848.4.
(c) The allocation and award of funds under this chapter shall be
made on application executed by the district attorney, county
sheriff, or chief of police and approved by the board of supervisors
for each county that is a participant of a high technology theft
apprehension and prosecution unit.
(d) In identifying program areas that will be eligible for
competitive application during the 1998-99 fiscal year for federal
funding pursuant to the Edward Byrne Memorial State and Local Law
Enforcement Assistance Programs (Subchapter V (commencing with
Section 3750) of Chapter 46 of the United States Code), the agency or
agencies designated by the Director of Finance pursuant to Section
13820 shall include, to the extent possible, an emphasis on high
technology crime by selecting funding areas that would further the
use of federal funds to address high technology crime and facilitate
the establishment of high technology multijurisdictional task forces.

(e) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall allocate any increase in federal
funding pursuant to the Anti-Drug Abuse Act (Public Law 100-690) for
the 1998-99 fiscal year to those programs described in subdivision
(d).


13848.4. (a) All funds appropriated to the agency or agencies
designated by the Director of Finance pursuant to Section 13820 for
the purposes of this chapter shall be deposited in the High
Technology Theft Apprehension and Prosecution Program Trust Fund,
which is hereby established. The fund shall be under the direction
and control of the executive director. Moneys in the fund, upon
appropriation by the Legislature, shall be expended to implement this
chapter.
(b) Moneys in the High Technology Theft Apprehension and
Prosecution Program Trust Fund shall be expended to fund programs to
enhance the capacity of local law enforcement and prosecutors to
deter, investigate, and prosecute high technology related crimes.
After deduction of the actual and necessary administrative costs
referred to in subdivision (f), the High Technology Theft
Apprehension and Prosecution Program Trust Fund shall be expended to
fund programs to enhance the capacity of local law enforcement, state
police, and local prosecutors to deter, investigate, and prosecute
high technology related crimes. Any funds distributed under this
chapter shall be expended for the exclusive purpose of deterring,
investigating, and prosecuting high technology related crimes.
(c) Up to 10 percent of the funds shall be used for developing and
maintaining a statewide database on high technology crime for use in
developing and distributing intelligence information to
participating law enforcement agencies. In addition, the Executive
Director of the agency or agencies designated by the Director of
Finance pursuant to Section 13820 may allocate and award up to 5
percent of the funds available to public agencies or private
nonprofit organizations for the purposes of establishing statewide
programs of education, training, and research for public prosecutors,
investigators, and law enforcement officers relating to deterring,
investigating, and prosecuting high technology related crimes. Any
funds not expended in a fiscal year for these purposes shall be
distributed to regional high technology theft task forces pursuant to
subdivision (b).
(d) Any regional task force receiving funds under this section may
elect to have the Department of Justice administer the regional task
force program. The department may be reimbursed for any
expenditures incurred for administering a regional task force from
funds given to local law enforcement pursuant to subdivision (b).
(e) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall distribute funds in the High
Technology Theft Apprehension and Prosecution Program Trust Fund to
eligible agencies pursuant to subdivision (b) in consultation with
the High Technology Crime Advisory Committee established pursuant to
Section 13848.6.
(f) Administration of the overall program and the evaluation and
monitoring of all grants made pursuant to this chapter shall be
performed by the agency or agencies designated by the Director of
Finance pursuant to Section 13820, provided that funds expended for
these functions shall not exceed 5 percent of the total amount made
available under this chapter.


13848.6. (a) The High Technology Crime Advisory Committee is hereby
established for the purpose of formulating a comprehensive written
strategy for addressing high technology crime throughout the state,
with the exception of crimes that occur on state property or are
committed against state employees, and to advise the agency or
agencies designated by the Director of Finance pursuant to Section
13820 on the appropriate disbursement of funds to regional task
forces.
(b) This strategy shall be designed to be implemented through
regional task forces. In formulating that strategy, the committee
shall identify various priorities for law enforcement attention,
including the following goals:
(1) To apprehend and prosecute criminal organizations, networks,
and groups of individuals engaged in the following activities:
(A) Theft of computer components and other high technology
products.
(B) Violations of Penal Code Sections 211, 350, 351a, 459, 496,
537e, 593d, and 593e.
(C) Theft of telecommunications services and other violations of
Penal Code Sections 502.7 and 502.8.
(D) Counterfeiting of negotiable instruments and other valuable
items through the use of computer technology.
(E) Creation and distribution of counterfeit software and other
digital information, including the use of counterfeit trademarks to
misrepresent the origin of that software or digital information.
(2) To apprehend and prosecute individuals and groups engaged in
the unlawful access, destruction, or unauthorized entry into and use
of private, corporate, or government computers and networks,
including wireless and wire line communications networks and law
enforcement dispatch systems, and the theft, interception,
manipulation, destruction, and unauthorized disclosure of data stored
within those computers.
(3) To apprehend and prosecute individuals and groups engaged in
the theft of trade secrets.
(4) To investigate and prosecute high technology crime cases
requiring coordination and cooperation between regional task forces
and local, state, federal, and international law enforcement
agencies.
(c) The Executive Director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820 shall appoint the
following members to the committee:
(1) A designee of the California District Attorneys Association.
(2) A designee of the California State Sheriffs Association.
(3) A designee of the California Police Chiefs Association.
(4) A designee of the Attorney General.
(5) A designee of the California Highway Patrol.
(6) A designee of the High Technology Crime Investigation
Association.
(7) A designee of the agency or agencies designated by the
Director of Finance pursuant to Section 13820.
(8) A designee of the American Electronic Association to represent
California computer system manufacturers.
(9) A designee of the American Electronic Association to represent
California computer software producers.
(10) A designee of the California Cellular Carriers Association.
(11) A representative of the California Internet industry.
(12) A designee of the Semiconductor Equipment and Materials
International.
(13) A designee of the California Cable Television Association.
(14) A designee of the Motion Picture Association of America.
(15) A designee of either the California Telephone Association or
the California Association of Competitive Telecommunication
Companies. This position shall rotate every other year between
designees of the two associations.
(16) A representative of the California banking industry.
(17) A representative of the Office of Privacy Protection.
(18) A representative of the Department of Finance.
(d) The Executive Director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820 shall designate
the Chair of the High Technology Crime Advisory Committee from the
appointed members.
(e) The advisory committee shall not be required to meet more than
12 times per year. The advisory committee may create subcommittees
of its own membership, and each subcommittee shall meet as often as
the subcommittee members find necessary. It is the intent of the
Legislature that all advisory committee members shall actively
participate in all advisory committee deliberations required by this
chapter.
Any member who, without advance notice to the executive director
and without designating an alternative representative, misses three
scheduled meetings in any calendar year for any reason other than
severe temporary illness or injury (as determined by the Executive
Director of the agency or agencies designated by the Director of
Finance pursuant to Section 13820) shall automatically be removed
from the advisory committee. If a member wishes to send an
alternative representative in his or her place, advance written
notification of this substitution shall be presented to the executive
director. This notification shall be required for each meeting the
appointed member elects not to attend.
Members of the advisory committee shall receive no compensation
for their services, but shall be reimbursed for travel and per diem
expenses incurred as a result of attending meetings sponsored by the
agency or agencies designated by the Director of Finance pursuant to
Section 13820 under this chapter.
(f) The executive director, in consultation with the High
Technology Crime Advisory Committee, shall develop specific
guidelines and administrative procedures for the selection of
projects to be funded by the High Technology Theft Apprehension and
Prosecution Program, which guidelines shall include the following
selection criteria:
(1) Each regional task force that seeks funds shall submit a
written application to the committee setting forth in detail the
proposed use of the funds.
(2) In order to qualify for the receipt of funds, each proposed
regional task force submitting an application shall provide written
evidence that the agency meets either of the following conditions:
(A) The regional task force devoted to the investigation and
prosecution of high technology-related crimes is comprised of local
law enforcement and prosecutors, and has been in existence for at
least one year prior to the application date.
(B) At least one member of the task force has at least three years
of experience in investigating or prosecuting cases of suspected
high technology crime.
(3) Each regional task force shall be identified by a name that is
appropriate to the area that it serves. In order to qualify for
funds, a regional task force shall be comprised of local law
enforcement and prosecutors from at least two counties. At the time
of funding, the proposed task force shall also have at least one
investigator assigned to it from a state law enforcement agency.
Each task force shall be directed by a local steering committee
composed of representatives of participating agencies and members of
the local high technology industry.
(4) The California High Technology Crimes Task Force shall be
comprised of each regional task force developed pursuant to this
subdivision.
(5) Additional criteria that shall be considered by the advisory
committee in awarding grant funds shall include, but not be limited
to, the following:
(A) The number of high technology crime cases filed in the prior
year.
(B) The number of high technology crime cases investigated in the
prior year.
(C) The number of victims involved in the cases filed.
(D) The total aggregate monetary loss suffered by the victims,
including individuals, associations, institutions, or corporations,
as a result of the high technology crime cases filed, and those under
active investigation by that task force.
(6) Each regional task force that has been awarded funds
authorized under the High Technology Theft Apprehension and
Prosecution Program during the previous grant-funding cycle, upon
reapplication for funds to the committee in each successive year,
shall be required to submit a detailed accounting of funds received
and expended in the prior year in addition to any information
required by this section. The accounting shall include all of the
following information:
(A) The amount of funds received and expended.
(B) The use to which those funds were put, including payment of
salaries and expenses, purchase of equipment and supplies, and other
expenditures by type.
(C) The number of filed complaints, investigations, arrests, and
convictions that resulted from the expenditure of the funds.
(g) The committee shall annually review the effectiveness of the
California High Technology Crimes Task Force in deterring,
investigating, and prosecuting high technology crimes and provide its
findings in a report to the Legislature and the Governor. This
report shall be based on information provided by the regional task
forces in an annual report to the committee which shall detail the
following:
(1) Facts based upon, but not limited to, the following:
(A) The number of high technology crime cases filed in the prior
year.
(B) The number of high technology crime cases investigated in the
prior year.
(C) The number of victims involved in the cases filed.
(D) The number of convictions obtained in the prior year.
(E) The total aggregate monetary loss suffered by the victims,
including individuals, associations, institutions, corporations, and
other relevant public entities, according to the number of cases
filed, investigations, prosecutions, and convictions obtained.
(2) An accounting of funds received and expended in the prior
year, which shall include all of the following:
(A) The amount of funds received and expended.
(B) The uses to which those funds were put, including payment of
salaries and expenses, purchase of supplies, and other expenditures
of funds.
(C) Any other relevant information requested.




13848.8. (a) The executive director of the agency or agencies
designated by the Director of Finance pursuant to Section 13820 shall
also appoint the following members to the High Technology Crime
Advisory Committee established by Section 13848.6:
(1) A designee of the Recording Association of America.
(2) A designee of the Consumers Union.
(b) The High Technology Crime Advisory Committee, in formulating a
comprehensive written strategy for addressing high technology crime
throughout the state, shall identify, in addition to the various
priorities for law enforcement attention specified in subdivision (b)
of Section 13848.6, the goal of apprehending and prosecuting
criminal organizations, networks, and groups of individuals engaged
in the following activities:
(1) Violations of Sections 653h, 653s, and 635w.
(2) The creation and distribution of pirated sound recordings or
audiovisual works or the failure to disclose the origin of a
recording or audiovisual work.
CALIFORNIA CAREER CRIMINAL APPREHENSION PROGRAM



13850. The Legislature hereby finds that a substantial and
disproportionate amount of serious crime is committed against the
people of California by a relatively small number of multiple and
repeat felony offenders, commonly known as career criminals. In
enacting this chapter, the Legislature intends to support increased
efforts by local law enforcement agencies to investigate and
apprehend career criminals through management, organization and
operational techniques that have been demonstrated to be effective in
selected cities and counties in this and other states, and through
advanced state-of-the-art techniques that focus law enforcement
efforts and resources on identifying persons subject to career
criminal apprehension efforts.



13851. (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820 a
program of financial, training, and technical assistance for local
law enforcement, called the California Career Criminal Apprehension
Program. All funds made available to the agency or agencies
designated by the Director of Finance pursuant to Section 13820 for
the purposes of this chapter shall be administered and disbursed by
the executive director of the agency or agencies designated by the
Director of Finance pursuant to Section 13820.
(b) The executive director is authorized to allocate and award
funds to those local units of government or combinations thereof, in
which a special program is established in law enforcement agencies
that meets the criteria set forth in Sections 13852 and 13853.
(c) The allocation and award of funds shall be made upon
application executed by the chief law enforcement officer of the
applicant unit of government and approved by the legislative body.
Funds disbursed under this chapter shall not supplant local funds
that would, in the absence of the California Career Criminal
Apprehension Program, be made available to support the apprehension
of multiple or repeat felony criminal offenders.
(d) The executive director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820 shall prepare and
issue administrative guidelines and procedures for the California
Career Criminal Apprehension Program consistent with this chapter.
(e) These guidelines shall set forth the terms and conditions upon
which the agency or agencies designated by the Director of Finance
pursuant to Section 13820 is prepared to offer grants of funds
pursuant to statutory authority. The guidelines do not constitute
rules, regulations, orders or standards of general application.



13852. Law enforcement agencies receiving funds under this chapter
shall employ enhanced law enforcement management efforts and
resources. Enhanced law enforcement efforts and resources shall
include, but not be limited to:
(a) Crime analysis, which is the timely collection and study of
local crime data to perform all of the following:
(1) Identify evolving or existing crime patterns, particularly
those involving career felony criminals.
(2) Provide investigative leads.
(3) Identify geographical areas or population groups experiencing
relatively severe crime victimization, in order to improve
effectiveness of crime prevention efforts.
(4) Provide supporting data for improved allocation of overall law
enforcement agency resources.
(b) Improved management of patrol and investigative operations
involving use of information resulting from crime analysis, which may
include participation in multijurisdictional investigative units and
measures to increase continuity of investigative efforts from the
initial patrol response through the arrest and prosecution of the
offender. Such measures may include:
(1) Innovative personnel deployment techniques.
(2) Innovative techniques of case screening.
(3) Management of continuing investigations.
(4) Monitoring of investigation operations.
(c) (1) Each career criminal apprehension program, supported under
this chapter, shall concentrate on the identification and arrest of
career criminals and the support of their subsequent prosecution.
The determination of which suspected felony offenders shall be the
subject of career criminal apprehension efforts shall be in
accordance with written criteria developed by the applicant law
enforcement agency, consistent with Section 13853 and approved by the
head district attorney. Highly qualified and experienced personnel
shall be assigned to staff career criminal apprehension programs.
(2) Each career criminal apprehension program as one of its
ongoing functions, shall maintain coordination with the prosecutor
assigned to each case resulting from its efforts. This coordination
should include, but not be limited to, case preparation, processing,
and adjudication.


13853. An individual who is under investigation for the commission
or attempted commission of one or more of the felonies listed in
paragraph (1) of subdivision (a) of Section 999e and who is
determined to have committed three or more separate felony offenses
not arising out of the same transaction, or has been convicted during
the preceding 10 years for the commission or attempted commission of
any felony listed in subdivision (a), or at least two convictions
during the preceding 10 years for the commission or attempted
commission of any felony listed in subdivision (b) may be the
subject of career criminal apprehension efforts.
(a) Robbery of the first degree, carjacking, burglary of the first
degree, arson as defined in Section 451 or 452, forcible rape,
sodomy or oral copulation committed with force, lewd or lascivious
conduct committed upon a child, kidnapping as defined in Section 209
or 209.5, murder, or manslaughter.
(b) Grand theft, grand theft auto, receiving stolen property,
robbery of the second degree, burglary of the second degree,
kidnapping as defined in Section 207, assault with a deadly weapon or
instrument, or any unlawful act relating to controlled substances in
violation of Section 11351 or 11352 of the Health and Safety Code.
For purposes of this chapter, the 10-year periods specified in
this section shall be exclusive of any time which the arrested person
has served in state prison.



13854. (a) The Executive Director of the agency or agencies
designated by the Director of Finance pursuant to Section 13820,
shall develop specific guidelines, and administrative procedures, for
the selection of the California Career Criminal Apprehension
Program.
(b) Administration of the overall program and the evaluation and
monitoring of all grants made under this chapter shall be performed
by the agency or agencies designated by the Director of Finance
pursuant to Section 13820, provided that funds expended for those
functions shall not exceed 7.5 percent of the total annual amount
made available for the purpose of this chapter.
(c) Local assistance grants made pursuant to this chapter shall
not be subject to review pursuant to Section 10290 of the Public
Contract Code.
SUPPRESSION OF DRUG ABUSE IN SCHOOLS


13860. The Legislature finds and declares that a substantial drug
abuse and drug trafficking problem exists among school-age children
on and around school campuses in the State of California. By
enacting this chapter, it is the intention of the Legislature to
support increased efforts by local law enforcement agencies, working
in conjunction with school districts and county drug offices to
suppress trafficking and prevent drug abuse among school age children
on and around school campuses through the development of innovative
and model programs by local law enforcement agencies and schools and
drug abuse agencies. As used in this chapter, drugs are defined as
marijuana, inhalants, narcotics, dangerous drugs, pharmaceuticals,
glue and alcohol. It is the further intention of the Legislature to
establish a program of financial and technical assistance for local
law enforcement and school districts.



13861. There is hereby created in the agency or agencies designated
by the Director of Finance pursuant to Section 13820 the Suppression
of Drug Abuse in Schools Program. All funds made available to the
agency or agencies designated by the Director of Finance pursuant to
Section 13820 for the purposes of this chapter shall be administered
and disbursed by the executive director of the office in consultation
with the State Suppression of Drug Abuse in Schools Advisory
Committee established pursuant to Section 13863.
(a) The executive director, in consultation with the State
Suppression of Drug Abuse in Schools Advisory Committee, is
authorized to allocate and award funds to local law enforcement
agencies and public schools jointly working to develop drug abuse
prevention and drug trafficking suppression programs in substantial
compliance with the policies and criteria set forth in Sections 13862
and 13863.
(b) The allocation and award of funds shall be made upon the joint
application by the chief law enforcement officer of the coapplicant
law enforcement agency and approved by the law enforcement agency's
legislative body and the superintendent and board of the school
district coapplicant. The joint application of the law enforcement
agency and the school district shall be submitted for review to the
Local Suppression on Drug Abuse in Schools Advisory Committee
established pursuant to paragraph (4) of subdivision (a) of Section
13862. After review, the application shall be submitted to the
agency or agencies designated by the Director of Finance pursuant to
Section 13820. Funds disbursed under this chapter may enhance but
shall not supplant local funds that would, in the absence of the
Suppression of Drug Abuse in Schools Program, be made available to
suppress and prevent drug abuse among schoolage children and to
curtail drug trafficking in and around school areas.
(c) The coapplicant local law enforcement agency and the
coapplicant school district may enter into interagency agreements
between themselves which will allow the management and fiscal tasks
created pursuant to this chapter and assigned to both the law
enforcement agency and the school district to be performed by only
one of them.
(d) Within 90 days of the effective date of this chapter, the
Executive Director of the agency or agencies designated by the
Director of Finance pursuant to Section 13820 in consultation with
the State Suppression of Drug Abuse in Schools Advisory Committee
established pursuant to Section 13863 shall prepare and issue
administrative guidelines and procedures for the Suppression of Drug
Abuse in Schools Program consistent with this chapter. In addition
to all other formal requirements that may apply to the enactment of
these guidelines and procedures, a complete and final draft shall be
submitted within 60 days of the effective date of this chapter to the
Chairpersons of the Committee on Criminal Law and Public Safety of
the Assembly and the Judiciary Committee of the Senate of the
California Legislature.



13862. Law enforcement agencies and school districts receiving
funds under this chapter shall concentrate enhanced apprehension,
prevention, and education efforts and resources on drug abuse and
drug trafficking in and around school campuses.
(a) These enhanced apprehension, prevention, and education
efforts shall include, but not be limited to:
(1) Drug traffic intervention programs.
(2) School and classroom-oriented programs, using tested drug
abuse education curriculum that provides indepth and accurate
information on drugs, which may include the participation of local
law enforcement agencies and qualified drug abuse prevention
specialists and which are designed to increase teachers' and students'
awareness of drugs and their effects.
(3) Family oriented programs aimed at preventing drug abuse which
may include the participation of community-based organizations
experienced in the successful operation of such programs.
(4) The establishment of a Local Suppression of Drug Abuse in
Schools Advisory Committee. The committee shall be established and
appointed by the board of supervisors of each county and city and
county. However, if the agency receiving funds under this chapter is
a city agency and the program does not involve any county agency, or
if a county agency is involved and the county board of supervisors
consents, the committee shall be established and appointed by the
city council. The committee may be a newly created committee or an
existing local drug abuse committee as designated by the board or
city council. The committee shall be composed of, at a minimum, the
following:
(A) Local law enforcement executives.
(B) School district executives.
(C) Schoolsite staff, which includes administrators, teachers, or
other credentialed personnel.
(D) Parents.
(E) Students.
(F) School peace officers.
(G) County drug program administrators designated pursuant to
Section 11962 of the Health and Safety Code.
(H) Drug prevention program executives.
(5) Development and distribution of appropriate written and
audio-visual aids for training of school and law enforcement staff
for handling drug-related problems and offenses. Appropriate
existing aids may be utilized in lieu of development of new
materials.
(6) Development of prevention and intervention programs for
elementary school teachers and students, including utilization of
existing prevention and intervention programs.
(7) Development of a coordinated intervention system that
identifies students with chronic drug abuse problems and facilitates
their referral to a drug abuse treatment program.
(b) Enhanced apprehension, prevention, and education efforts
commenced under this section shall be a joint effort between local
law enforcement and local school districts in cooperation with county
drug program offices. These efforts shall include, but not be
limited to, the concentration of apprehension efforts in "problem"
areas identified by local school authorities.
(c) Funds appropriated pursuant to this chapter may be used in
part to support state-level development and statewide distribution of
appropriate written and audio-visual aids for public awareness and
training of school and law enforcement staff for handling
drug-related problems and offenses. When existing aids can be
identified, these aids may be utilized in lieu of the development of
new aids.



13864. There is hereby created, in the agency or agencies
designated by the Director of Finance pursuant to Section 13820, the
Comprehensive Alcohol and Drug Prevention Education component of the
Suppression of Drug Abuse in Schools Program in public elementary
schools in grades 4 to 6, inclusive. Notwithstanding Section 13861
or any other provision in this code, all Comprehensive Alcohol and
Drug Prevention Education component funds made available to the
agency or agencies designated by the Director of Finance pursuant to
Section 13820 in accordance with the Classroom Instructional
Improvement and Accountability Act shall be administered by and
disbursed to county superintendents of schools in this state by the
executive director of the agency or agencies designated by the
Director of Finance pursuant to Section 13820. All applications for
that funding shall be reviewed and evaluated by the agency or
agencies designated by the Director of Finance pursuant to Section
13820, in consultation with the State Department of Alcohol and Drug
Programs and the State Department of Education.
(a) The executive director is authorized to allocate and award
funds to county department superintendents of schools for allocation
to individual school districts or to a consortium of two or more
school districts. Applications funded under this section shall
comply with the criteria, policies, and procedures established under
subdivision (b) of this section.
(b) As a condition of eligibility for the funding described in
this section, the school district or consortium of school districts
shall have entered into an agreement with a local law enforcement
agency to jointly implement a comprehensive alcohol and drug abuse
prevention, intervention, and suppression program developed by the
agency or agencies designated by the Director of Finance pursuant to
Section 13820, in consultation with the State Department of Alcohol
and Drug Programs and the State Department of Education, containing
all of the following components:
(1) A standardized age-appropriate curriculum designed for pupils
in grades 4 to 6, inclusive, specifically tailored and sensitive to
the socioeconomic and ethnic characteristics of the target pupil
population. Although new curricula shall not be required to be
developed, existing curricula may be modified and adapted to meet
local needs. The elements of the standardized comprehensive alcohol
and drug prevention education program curriculum shall be defined and
approved by the Governor's Policy Council on Drug and Alcohol Abuse,
as established by Executive Order # D-70-80.
(2) A planning process that shall include both assessment of the
school district's characteristics, resources and the extent of
problems related to juvenile drug abuse, and input from local law
enforcement agencies.
(3) A school district governing board policy that provides for a
coordinated intervention system that, at a minimum, includes
procedures for identification, intervention, and referral of at-risk
alcohol- and drug-involved youth, and identifies the roles and
responsibilities of law enforcement, school personnel, parents, and
pupils.
(4) Early intervention activities that include, but are not
limited to, the identification of pupils who are high risk or have
chronic drug abuse problems, assessment, and referral for appropriate
services, including ongoing support services.
(5) Parent education programs to initiate and maintain parental
involvement, with an emphasis for parents of at-risk pupils.
(6) Staff and in-service training programs, including both
in-depth training for the core team involved in providing program
services and general awareness training for all school faculty and
administrative, credentialed, and noncredentialed school personnel.
(7) In-service training programs for local law enforcement
officers.
(8) School, law enforcement, and community involvement to ensure
coordination of program services. Pursuant to that coordination, the
school district or districts and other local agencies are encouraged
to use a single community advisory committee or task force for drug,
alcohol, and tobacco abuse prevention programs, as an alternative to
the creation of a separate group for that purpose under each state
or federally funded program.
(c) The application of the county superintendent of schools shall
be submitted to the agency or agencies designated by the Director of
Finance pursuant to Section 13820. Funds made available to the
agency or agencies designated by the Director of Finance pursuant to
Section 13820 for allocation under this section are intended to
enhance, but shall not supplant, local funds that would, in the
absence of the Comprehensive Alcohol and Drug Prevention Education
component, be made available to prevent, intervene in, or suppress
drug abuse among schoolage children. For districts that are already
implementing a comprehensive drug abuse prevention program for pupils
in grades 4 to 6, inclusive, the county superintendent shall propose
the use of the funds for drug prevention activities in school grades
other than 4 to 6, inclusive, compatible with the program components
of this section. The expenditure of funds for that alternative
purpose shall be approved by the executive director.
(1) Unless otherwise authorized by the agency or agencies
designated by the Director of Finance pursuant to Section 13820, each
county superintendent of schools shall be the fiscal agent for any
Comprehensive Alcohol and Drug Prevention Education component award,
and shall be responsible for ensuring that each school district
within that county receives the allocation prescribed by the agency
or agencies designated by the Director of Finance pursuant to Section
13820. Each county superintendent shall develop a countywide plan
that complies with program guidelines and procedures established by
the agency or agencies designated by the Director of Finance pursuant
to Section 13820 pursuant to subdivision (d). A maximum of 5
percent of the county's allocation may be used for administrative
costs associated with the project.
(2) Each county superintendent of schools shall establish and
chair a local coordinating committee to assist the superintendent in
developing and implementing a countywide implementation plan. This
committee shall include the county drug administrator, law
enforcement executives, school district governing board members and
administrators, school faculty, parents, and drug prevention and
intervention program executives selected by the superintendent and
approved by the county board of supervisors.
(d) The Executive Director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820, in consultation
with the State Department of Alcohol and Drug Programs and the State
Department of Education, shall prepare and issue guidelines and
procedures for the Comprehensive Alcohol and Drug Prevention
Education component consistent with this section.
(e) The Comprehensive Alcohol and Drug Prevention Education
component guidelines shall set forth the terms and conditions upon
which the agency or agencies designated by the Director of Finance
pursuant to Section 13820 is prepared to award grants of funds
pursuant to this section. The guidelines shall not constitute rules,
regulations, orders, or standards of general application.
(f) Funds awarded under the Comprehensive Alcohol and Drug
Prevention Education Program shall not be subject to Section 10318 of
the Public Contract Code.
(g) Funds available pursuant to Item 8100-111-001 and Provision 1
of Item 8100-001-001 of the Budget Act of 1989, or the successor
provision of the appropriate Budget Act, shall be allocated to
implement this section.
(h) The executive director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820 shall collaborate,
to the extent possible, with other state agencies that administer
drug, alcohol, and tobacco abuse prevention education programs to
streamline and simplify the process whereby local educational
agencies apply for drug, alcohol, and tobacco education funding under
this section and under other state and federal programs. The agency
or agencies designated by the Director of Finance pursuant to
Section 13820, the State Department of Alcohol and Drug Programs, the
State Department of Education, and other state agencies, to the
extent possible, shall develop joint policies and collaborate
planning in the administration of drug, alcohol, and tobacco abuse
prevention education programs.

[هيثم الفقى]

INFORMATION ON RACIAL, ETHNIC AND RELIGIOUS CRIMES
13872. The crimes that shall be the focus of this chapter shall
include a wide variety of incidents, which reflect obvious racial,
ethnic, or religious motivations, ranging from vandalizing a place of
worship to assaults between members of gangs, including, but not
limited to, incidents that occur on school grounds and between gang
members and any other incidents that law enforcement officers on a
case-by-case basis identify as having a racial, ethnic or religious
motivation. They shall not include incidents of discrimination in
employment.
LAW ENFORCEMENT RESPONSE TO DRUG
ENDANGERED CHILDREN


13879.80. (a) Every law enforcement and social services agency in
this state is encouraged to develop, adopt, and implement written
policies and standards for their response to narcotics crime scenes
where a child is either immediately present or where there is
evidence that a child lives, by January 1, 2005. These policies
shall reflect the fact that exposing a child to the manufacturing,
trafficking, and use of narcotics is criminal conduct and that a
response coordinated by law enforcement and social services agencies
is essential to the child's health and welfare.
(b) The needs of a drug endangered child are best served with
written policies encouraging the arrest of an individual for child
endangerment where there is probable cause that an offense has been
committed coordinated with an appropriate investigation of the child'
s welfare by child protective agencies. Protocols that encourage a
dependency investigation contemporaneous with a law enforcement
investigation at a narcotics crime scene, when appropriate, are
consistent with a child's best interest.



13879.81. Communities are encouraged to form multijurisdictional
groups that include law enforcement officers, prosecutors, public
health professionals, and social workers to address the welfare of
children endangered by parental drug use. These coordinated groups
should develop standards and protocols, evidenced by memorandums of
understanding, that address the following:
(a) Felony and misdemeanor arrests.
(b) Immediate response of protective social workers to a narcotics
crime scene involving a child.
(c) Outsourcing protective social workers to law enforcement.
(d) Dependency investigations.
(e) Forensic drug testing and interviewing.
(f) Decontamination of a child found in a lab setting.
(g) Medical examinations and developmental evaluations.
(h) Creation of two hours of P.O.S.T. drug endangered children
awareness training.
CALIFORNIA MAJOR NARCOTIC VENDORS PROSECUTION
LAW
13880. (a) The Legislature finds and declares that the production
and sale of narcotics is an ever increasing problem because of the
substantial illicit profits derived therefrom. The Legislature
further finds and declares that a substantial and disproportionate
amount of serious crime is associated with the cultivation,
processing, manufacturing, and sale of narcotics.
(b) The Legislature finds and declares that the level of
production, distribution, and sale of narcotics in small counties in
this state threatens the well-being not only of citizens of those
counties, but of the rest of the state as well. Since many of these
counties have experienced less growth in their general purpose
revenues than the rest of the state, and yet are required to bear the
burden of funding disproportionate criminal justice costs associated
with the production, distribution, and sale of narcotics, the
Legislature recognizes the need to provide financial assistance for
these counties.
(c) The Legislature intends to support intensified efforts by
district attorneys' offices to prosecute drug producers and sellers
through organizational and operational techniques that have been
proven effective in selected jurisdictions in this and other states.



13881. (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820 a
program of financial and technical assistance for district attorneys'
offices, designated the California Major Narcotic Vendors
Prosecution Law. All funds appropriated to the agency or agencies
designated by the Director of Finance pursuant to Section 13820 for
the purposes of this chapter shall be administered and disbursed by
the executive director of the office in consultation with the
California Council on Criminal Justice, and shall to the greatest
extent feasible be coordinated or consolidated with federal funds
that may be made available for these purposes.
(b) The executive director is authorized to allocate and award
funds to counties in which the California Major Narcotic Vendors
Prosecution Law is implemented in substantial compliance with the
policies and criteria set forth in this chapter.
(c) The allocation and award of funds shall be made upon
application executed by the county's district attorney and approved
by its board of supervisors. Funds disbursed under this chapter
shall not supplant local funds that would, in the absence of the
California Major Narcotic Vendors Prosecution Law, be made available
to support the prosecution of felony drug cases. Funds available
under this program shall not be subject to review, as specified in
Section 14780 of the Government Code.
(d) The executive director shall prepare and issue written program
and administrative guidelines and procedures for the California
Major Narcotic Vendors Prosecution Program consistent with this
chapter, which shall be submitted to the Chairpersons of the Assembly
Committee on Public Safety and the Senate Committee on Criminal
Procedure. These guidelines shall permit the selection of a county
for the allocation and award of funds only on a finding by the agency
or agencies designated by the Director of Finance pursuant to
Section 13820 that the county is experiencing a proportionately
significant increase in major narcotic cases. Further, the
guidelines shall provide for the allocation and award of funds to
small county applicants, as designated by the executive director.
The guidelines shall also provide that any funds received by a county
under this chapter shall be used only for the prosecution of cases
involving major narcotic dealers. For purposes of this subdivision,
"small county" means a county having a population of 200,000 or less.



13882. California major narcotic vendors prosecution units
receiving funds under this chapter shall concentrate enhanced
prosecution efforts and resources upon individuals identified under
selection criteria set forth in Section 13883. Enhanced prosecution
efforts and resources shall include, but not be limited to, all of
the following:
(a) "Vertical" prosecutorial representation, whereby the
prosecutor who makes the initial filing or appearance in a drug case
will perform all subsequent court appearances on that particular case
through its conclusion, including the sentencing phase.
(b) Assignment of highly qualified investigators and prosecutors
to drug cases.
(c) Significant reduction of caseloads for investigators and
prosecutors assigned to drug cases.



13883. (a) An individual may be the subject of the California Major
Narcotic Vendors Prosecution Law prosecution efforts who is under
arrest for the commission or attempted commission of one or more
felonies relating to controlled substances in violation of Section
11351, 11352, 11358, 11378, 11378.5, 11379, 11379.5, or 11383 of the
Health and Safety Code.
(b) In applying the criteria set forth in subdivision (a), a
district attorney may, consistent with the provisions of subdivision
(d) of Section 13881, elect to limit drug prosecution efforts to
persons arrested for any one or more of the felonies listed in
subdivision (a) if crime statistics demonstrate that the incidence of
that felony or felonies presents a particularly serious problem in
the county.
(c) In exercising the prosecutorial discretion granted by this
section, the district attorney shall consider (1) the character,
background, and prior criminal background of the defendant, and (2)
the number and the seriousness of the offenses currently charged
against the defendant.



13884. (a) Each district attorney's office establishing a
California major narcotic vendors prosecution unit and receiving
state support under this chapter shall adopt and pursue the following
policies for the California Major Narcotic Vendors Prosecution Law
cases:
(1) All reasonable prosecutorial efforts shall be made to resist
the pretrial release of a charged defendant selected for prosecution
under the California Major Narcotic Vendors Prosecution Law.
(2) All reasonable prosecutorial efforts shall be made to persuade
the court to impose the most severe authorized sentence upon a
person convicted after prosecution under the California Major
Narcotic Vendors Prosecution Law.
(3) All reasonable prosecutorial efforts shall be made to reduce
the time between arrest and disposition of charge against an
individual selected for prosecution under the California Major
Narcotic Vendors Prosecution Law.
(b) The selection criteria set forth in Section 13883 shall be
adhered to for each California Major Narcotic Vendors Prosecution Law
case unless, in the reasonable exercise of prosecutor's discretion,
extraordinary circumstances require the departure from those policies
in order to promote the general purposes and intent of this chapter.
STATEWIDE ***UAL PREDATOR APPREHENSION TEAM
13885. The Legislature hereby finds that a substantial and
disproportionate amount of ***ual offenses are committed against the
people of California by a relatively small number of multiple and
repeat *** offenders. In enacting this chapter, the Legislature
intends to support efforts of the criminal justice community through
a focused effort by law enforcement and prosecuting agencies to
identify, locate, apprehend, and prosecute ***ual habitual offenders.



13885.1. The Attorney General shall maintain, upon appropriation of
funds by the Legislature, a statewide ***ual Predator Apprehension
Team force within the California Bureau of Investigation. The ***ual
Predator Apprehension Team force shall be comprised of California
Bureau of Investigation special agent teams throughout California.
The teams shall focus on repeat *** offenders, and perform the
following activities:
(a) Coordinate state and local investigative resources to
apprehend ***ual habitual offenders and persons required to register
under Section 290 who violate the law or conditions of probation or
parole.
(b) Target and monitor chronic repeat violent *** offenders before
the commission of additional ***ual offenses.
(c) Develop profiles in unsolved ***ual assault cases.




13885.15. (a) The special agent teams established pursuant to
Section 13885.1 shall also take a proactive role in the investigation
and prosecution of preferential child molesters and ***ual
exploiters.
(b) For purposes of this section, "preferential child molester"
means a person whose primary *** drive is directed toward children.
A preferential child molester is distinguished from a situational
child molester, who will use children ***ually in times of stress
because of a lack of impulse control or as a result of circumstances.



13885.2. The Attorney General, subject to the availability of
funds, shall establish in the Department of Justice the ***ual
Habitual Offender Program, which is hereby created, which shall
evaluate the number of arrests and convictions for *** offenses and
the length of sentences for repeat offenders. This shall be a
statewide program.
It is the intent of the Legislature that this statewide program
shall not affect the operation of the Serious Habitual Offender
Program authorized by Chapter 10 (commencing with Section 13890)
involving the Counties of San Francisco, San Mateo, Santa Clara,
Santa Cruz, Alameda, Contra Costa, Napa, Sonoma, Solano, and Marin
which shall become inoperative on July 1, 1994.



13885.4. As used in this chapter, "***ual habitual offenders" means
those persons who have been either of the following:
(a) Convicted of two or more violent offenses against a person
involving force or violence which include at least one *** offense.
(b) Convicted of an offense listed in Section 290 and also meet
one of the following criteria:
(1) Have three or more felony arrests for *** offenses specified
in Section 290 on their criminal record.
(2) Have five or more felony arrests for any type of offense on
their criminal record.
(3) Have 10 or more arrests, either felony or misdemeanor, for any
type of offense on their criminal record.
(4) Have five or more arrests, either felony or misdemeanor, for
any type of offense, including either of the following:
(A) At least one conviction for multiple *** offenses which shall
mean a conviction arising from the commission of two or more offenses
listed in subdivision (a) of Section 290 in one transaction.
(B) At least two arrests for a single *** offense listed in
subdivision (a) of Section 290.



13885.6. The Department of Justice shall establish and maintain a
comprehensive file of existing information maintained by law
enforcement agencies, the Department of Corrections, the Department
of Motor Vehicles, and the Department of Justice. The Department of
Justice may request the Department of Corrections, the Department of
Motor Vehicles, and law enforcement agencies to provide existing
information from their files regarding persons identified as ***ual
habitual offenders. The Department of Corrections, the Department of
Motor Vehicles, and law enforcement agencies, when requested by the
Department of Justice, shall provide copies of existing information
maintained in their files regarding persons identified by the
Department of Justice as ***ual habitual offenders and shall provide
followup information to the Department of Justice as it becomes
available. This ***ual habitual offender file shall be maintained by
the Department of Justice and shall contain a complete physical
description and method of operation of the ***ual habitual offender,
information describing his or her interaction with criminal justice
agencies, and his or her prior criminal record. The Department of
Justice also shall prepare a summary profile of each ***ual habitual
offender for distribution to law enforcement agencies.



13885.8. The Department of Justice shall provide a summary profile
of each ***ual habitual offender to each law enforcement agency when
the individual registers in, or moves to, the area in which the law
enforcement agency is located.
Upon request, the department shall provide the complete file of
information on a ***ual habitual offender to law enforcement
agencies, district attorneys, and the courts for the purpose of
identifying, apprehending, prosecuting, and sentencing ***ual
habitual offenders.
COUNTY ***UAL ASSAULT FELONY ENFORCEMENT
(SAFE) TEAM PROGRAM


13887. Any county may establish and implement a ***ual assault
felony enforcement (SAFE) team program pursuant to the provisions of
this chapter.


13887.1. (a) The mission of this program shall be to reduce violent
***ual assault offenses in the county through proactive surveillance
and arrest of habitual ***ual offenders, as defined in Section
667.71, and strict enforcement of registration requirements for ***
offenders pursuant to Section 290.
(b) The proactive surveillance and arrest authorized by this
chapter shall be conducted within the limits of existing statutory
and constitutional law.
(c) The mission of this program shall also be to provide community
education regarding the purposes of Chapter 5.5 (commencing with
Section 290) of Title 9 of Part 2. The goal of community education is
to do all of the following:
(1) Provide information to the public about ways to protect
themselves and families from ***ual assault.
(2) Emphasize the importance of using the knowledge of the
presence of registered *** offenders in the community to enhance
public safety.
(3) Explain that harassment or vigilantism against registrants may
cause them to disappear and attempt to live without supervision, or
to register as transients, which would defeat the purpose of ***
offender registration.


13887.2. The regional SAFE teams may consist of officers and agents
from the following law enforcement agencies:
(a) Police departments.
(b) Sheriff's departments.
(c) The Bureau of Investigations of the Office of the District
Attorney.
(d) County probation departments.
(e) To the extent that these agencies have available resources,
the following law enforcement agencies:
(1) The Bureau of Investigations of the California Department of
Justice.
(2) The California Highway Patrol.
(3) The State Department of Corrections.
(4) The Federal Bureau of Investigation.



13887.3. The program established pursuant to this chapter shall
have the following objectives:
(a) To identify, monitor, arrest, and assist in the prosecution of
habitual ***ual offenders who violate the terms and conditions of
their probation or parole, who fail to comply with the registration
requirements of Section 290, or who commit new ***ual assault
offenses.
(b) To collect data to determine if the proactive law enforcement
procedures adopted by the program are effective in reducing violent
***ual assault offenses.
(c) To develop procedures for operating a multijurisdictional
regional task force.


13887.4. Nothing in this chapter shall be construed to authorize
the otherwise unlawful violation of any person's rights under the
law.


13887.5. The Office of Emergency Services shall establish standards
by which grants are awarded on a competitive basis to counties for
SAFE teams. The grants shall be awarded to innovative teams designed
to promote the purposes of this chapter.

[هيثم الفقى]

CALIFORNIA FORENSIC SCIENCE LABORATORY
ENHANCEMENT PROGRAM

13890. It is the intent of the Legislature to review the needs
assessment report, as provided for in Section 13892, prior to
providing additional funds for support of local forensic laboratory
services or improvements.


13891. This chapter shall be known and may be cited as the
California Forensic Science Laboratory Enhancement Act.
VICTIMS' LEGAL RESOURCE CENTER

13897. The Legislature finds and declares each of the following:
(a) The citizens of California have expressed great concern for
the plight of crime victims.
(b) It is in the best interest, not only of the victims and their
families, but also of all the citizens of California to ensure that
crime victims receive comprehensive assistance in overcoming the
effects of victimization.
(c) While many options and rights exist for the crime victim,
including providing financial assistance pursuant to Chapter 5
(commencing with Section 13959) of Part 4 of Division 3 of Title 2 of
the Government Code, participation in sentencing and parole
eligibility hearings of criminal perpetrators, civil litigation
against the perpetrator and third parties, assistance from
victim-witness programs, and private support and counseling services,
research indicates that many crime victims suffer needlessly because
they are not aware of these options and rights, or are apprehensive
or uncertain about where to go for assistance or how to exercise
their rights.
(d) It is thus necessary to provide a resource center, statewide
in scope, where victims of crime, their families, and providers of
services to victims of crime can receive referral information,
assistance, and legal guidance in order to deal effectively with the
needs of victims of crime and minimize the continuing victimization
process, which often results from a complex justice system. This
resource center shall be independent, offer victims assistance in
understanding and effectively exercising their legal rights, provide
information about their rights and the workings of the criminal
justice system, and direct them to appropriate local resources and
agencies which can offer further assistance. The resource center
shall provide, on a statewide basis, information assistance for all
crime victims without charge and shall complement the efforts of
various local programs, including victim-witness programs, rape
crisis units, domestic violence projects, and child abuse centers.



13897.1. There shall be established a resource center which shall
operate a statewide, toll-free information service, consisting of
legal and other information, for crime victims and providers of
services to crime victims. The center shall provide information and
educational materials discussing victims' legal rights. The center
shall distribute these materials to administrative agencies, law
enforcement agencies, victim-service programs, local, regional, and
statewide education systems, appropriate human service agencies, and
political, social, civic, and religious leaders and organizations.
As used in this chapter, "provider of services to crime victims"
means any hospital, doctor, attorney, local or statewide rape crisis
center, domestic violence center, child abuse counseling center, or
victims' witness center that seeks to assist crime victims in
understanding and exercising their legal rights, including those
under Chapter 5 (commencing with Section 13959) of Part 4 of Division
3 of Title 2 of the Government Code.



13897.2. (a) The agency or agencies designated by the Director of
Finance pursuant to Section 13820 shall grant an award to an
appropriate private, nonprofit organization, to provide a statewide
resource center, as described in Section 13897.1.
(b) The center shall:
(1) Provide callers with information about victims' legal rights
to compensation pursuant to Chapter 5 (commencing with Section 13959)
of Part 4 of Division 3 of Title 2 of the Government Code and, where
appropriate, provide victims with guidance in exercising these
rights.
(2) Provide callers who provide services to victims of crime with
legal information regarding the legal rights of victims of crime.
(3) Advise callers about any potential civil causes of action and,
where appropriate, provide callers with references to local legal
aid and lawyer referral services.
(4) Advise and assist callers in understanding and implementing
their rights to participate in sentencing and parole eligibility
hearings as provided by statute.
(5) Advise callers about victims' rights in the criminal justice
system, assist them in overcoming problems, including the return of
property, and inform them of any procedures protecting witnesses.
(6) Refer callers, as appropriate, to local programs, which
include victim-witness programs, rape crisis units, domestic violence
projects, and child ***ual abuse centers.
(7) Refer callers to local resources for information about
appropriate public and private benefits and the means of obtaining
aid.
(8) Publicize the existence of the toll-free service through the
print and electronic media, including public service announcements,
brochures, press announcements, various other educational materials,
and agreements for the provision of publicity, by private entities.
(9) Compile comprehensive referral lists of local resources that
include the following: victims' assistance resources, including
legal and medical services, financial assistance, personal counseling
and support services, and victims' support groups.
(10) Produce promotional materials for distribution to law
enforcement agencies, state and local agencies, print, radio, and
television media outlets, and the general public. These materials
shall include placards, video and audio training materials, written
handbooks, and brochures for public distribution. Distribution of
these materials shall be coordinated with the local victims' service
programs.
(11) Research, compile, and maintain a library of legal
information concerning crime victims and their rights.
(12) Provide a 20-percent minimum cash match for all funds
appropriated pursuant to this chapter which match may include federal
and private funds in order to supplement any funds appropriated by
the Legislature.
(c) The resource center shall be located so as to assure
convenient and regular access between the center and those state
agencies most concerned with crime victims. The entity receiving the
grant shall be a private, nonprofit organization, independent of law
enforcement agencies, and have qualified staff knowledgeable in the
legal rights of crime victims and the programs and services available
to victims throughout the state. The subgrantee shall have an
existing statewide, toll-free information service and have
demonstrated substantial capacity and experience serving crime
victims in areas required by this act.
(d) The services of the resource center shall not duplicate the
victim service activities of the agency or agencies designated by the
Director of Finance pursuant to Section 13820 or those activities of
local victim programs funded through the office.
(e) The subgrantee shall be compensated at its federally approved
indirect cost rate, if any. For the purposes of this section,
"federally approved indirect cost rate" means that rate established
by the federal Department of Health and Human Services or other
federal agency for the subgrantee. Nothing in this section shall be
construed as requiring the agency or agencies designated by the
Director of Finance pursuant to Section 13820 to permit the use of
federally approved indirect cost rates for other subgrantees of other
grants administered by the office.
(f) All information and records retained by the center in the
course of providing services under this chapter shall be confidential
and privileged pursuant to Article 3 (commencing with Section 950)
of Chapter 4 of Division 8 of the Evidence Code and Article 4
(commencing with Section 6060) of Chapter 4 of Division 3 of the
Business and Professions Code. Nothing in this subdivision shall
prohibit compilation and distribution of statistical data by the
center.



13897.3. The agency or agencies designated by the Director of
Finance pursuant to Section 13820 shall develop written guidelines
for funding and performance standards for monitoring the
effectiveness of the resource center program. The program shall be
evaluated by a public or private nonprofit entity under a contract
with the agency or agencies designated by the Director of Finance
pursuant to Section 13820.
LOCAL CRIMINAL JUSTICE PLANNING


13900. The Legislature finds and declares:
(a) That crime is a local problem that must be dealt with by state
and local governments if it is to be controlled effectively.
(b) That criminal justice needs and problems vary greatly among
the different local jurisdictions of this state.
(c) That effective planning and coordination can be accomplished
only through the direct, immediate and continuing cooperation of
local officials charged with general governmental and criminal
justice agency responsibilities.
(d) That planning for the efficient use of criminal justice
resources requires a permanent coordinating effort on the part of
local governments and local criminal justice and delinquency
prevention agencies.



13901. (a) For the purposes of coordinating local criminal justice
activities and planning for the use of state and federal action funds
made available through any grant programs, criminal justice and
delinquency prevention planning districts shall be established.
(b) On January 1, 1976, all planning district boundaries shall
remain as they were immediately prior to that date. Thereafter, the
number and boundaries of those planning districts may be altered from
time to time by a two-thirds vote of the California Council on
Criminal Justice pursuant to this section; provided that no county
shall be divided into two or more districts, nor shall two or more
counties which do not comprise a contiguous area form a single
district.
(c) Prior to taking any action to alter the boundaries of any
planning district, the council shall adopt a resolution indicating
its intention to take the action and, at least 90 days prior to the
taking of the action, shall forward a copy of the resolution to all
units of government directly affected by the proposed action together
with notice of the time and place at which the action will be
considered by the council.
(d) If any county or a majority of the cities directly affected by
the proposed action objects thereto, and a copy of the resolution of
each board of supervisors or city council stating its objection is
delivered to the executive office of the agency or agencies
designated by the Director of Finance pursuant to Section 13820
within 30 days following the giving of the notice of the proposed
action, the council, or a duly constituted committee thereof, shall
conduct a public meeting within the boundaries of the district as
they are proposed to be determined. Notice of the time and place of
the meeting shall be given to the public and to all units of local
government directly affected by the proposed action, and reasonable
opportunity shall be given to members of the public and
representatives of those units to present their views on the proposed
action.


13902. Each county placed within a single county planning district
may constitute a planning district upon execution of a joint powers
agreement or arrangement acceptable to the county and to at least
that one-half of the cities in the district which contain at least
one-half of the population of the district. Counties placed within a
multicounty planning district may constitute a planning district
upon execution of a joint powers agreement or other arrangement
acceptable to the participating counties and to at least that
one-half of the cities in such district which contain at least
one-half of the population of such district. If no combination of
one-half of the cities of a district contains at least one-half of
the population of the district, then agreement of any half of the
cities in such district is sufficient to enable execution of joint
powers agreements or other acceptable arrangements for constituting
planning districts.


13903. Planning districts may be the recipients of criminal justice
and delinquency prevention planning or coordinating funds made
available to units of general local government or combinations of
units of general local government by federal or state law. Such
planning districts shall establish local criminal justice and
delinquency prevention planning boards, but shall not be obligated to
finance their activities in the event that federal or state support
of such activities is lacking.



13904. (a) The membership of each local board shall be consistent
with state and federal statutes and guidelines; shall be
representative of a broad range of community interests and
viewpoints; and shall be balanced in terms of racial, ***ual, age,
economic, and geographic factors. Each local board shall consist of
not less than 21 and not more than 30 members, a majority of whom
shall be locally elected officials.
(b) The California Council on Criminal Justice shall promulgate
standards to ensure that the composition of each board complies with
subdivision (a). The council shall annually review the composition
of each board, and if it finds that the composition of a local board
complies with the standards, it shall so certify. Certification
shall be effective for one year; provided that if the membership of a
board changes by more than 25 percent during a period of
certification, the council may withdraw the certificate prior to its
expiration.
(c) If the council determines that the composition of a local
board does not comply with the standards, it shall direct the
appropriate appointing authority to reappoint the local board and
shall again review the composition pursuant to this section after
such reappointments are made. The council may void decisions made by
such board after such finding and due notice. The council may
approve the allocation of planning or action funds only to those
districts which have been certified pursuant to this section.



13905. Except as otherwise provided in Section 13904,
representatives of the public shall be appointed to local criminal
justice and delinquency prevention planning boards, of a number not
to exceed the number of representatives of government on that board.
At least one-fifth of the membership of such boards shall be
representatives of citizens, professional and community
organizations, including organizations directly related to
delinquency prevention.


13906. Planning boards may contract with other public or private
entities for the performance of services, may appoint an executive
officer and other employees, and may receive and expend funds in
order to carry out planning and coordinating responsibility.




13980. (a) The Office of Criminal Justice Planning shall undertake
a study to determine whether it would be feasible to develop a
state-operated center on computer forensics for the purpose of
collecting, compiling, and analyzing information, including evidence
seized in connection with criminal proceedings, in computer formats
to provide assistance to state and local law enforcement agencies in
the investigation and prosecution of crimes involving computer
technology.
(b) The office shall involve state and local law enforcement
agencies as well as representatives of the computer industry in the
development of the feasibility study required by this section.
(c) The office shall report its findings and conclusions to the
Legislature on or before June 30, 2000.
CALIFORNIA ALLIANCE TO COMBAT TRAFFICKING AND
SLAVERY (CALIFORNIA ACTS) TASK FORCE
THE HERTZBERG-LESLIE WITNESS PROTECTION ACT

14020. There is hereby established the Witness Relocation and
Assistance Program.



14021. As used in this title:
(a) "Witness" means any person who has been summoned, or is
reasonably expected to be summoned, to testify in a criminal matter,
including grand jury proceedings, for the people whether or not
formal legal proceedings have been filed. Active or passive
participation in the criminal matter does not disqualify an
individual from being a witness. "Witness" may also apply to family,
friends, or associates of the witness who are deemed by local or
state prosecutors to be endangered.
(b) "Credible evidence" means evidence leading a reasonable person
to believe that substantial reliability should be attached to the
evidence.
(c) "Protection" means formal admission into a witness protection
program established by this title memorialized by a written agreement
between local or state prosecutors and the witness.



14022. The program shall be administered by the Attorney General.
In any criminal proceeding within this state, when the action is
brought by local or state prosecutors, where credible evidence exists
of a substantial danger that a witness may suffer intimidation or
retaliatory violence, the Attorney General may reimburse state and
local agencies for the costs of providing witness protection
services.



14023. The Attorney General shall give priority to matters
involving organized crime, gang activities, drug trafficking, human
trafficking, and cases involving a high degree of risk to the
witness. Special regard shall also be given to the elderly, the
young, battered, victims of domestic violence, the infirm, the
handicapped, and victims of hate incidents.



14024. The Attorney General shall coordinate the efforts of state
and local agencies to secure witness protection, relocation, and
assistance services and then reimburse those state and local agencies
for the costs of the services that he or she determines to be
necessary to protect a witness from bodily injury, assure the witness'
s safe transition into a new environment, and otherwise to assure the
health, safety, and welfare of the witness. The Attorney General may
reimburse the state or local agencies that provide witnesses with
any of the following:
(a) Armed protection or escort by law enforcement officials or
security personnel before, during, or subsequent to, legal
proceedings.
(b) Physical relocation to an alternate residence.
(c) Housing expense.
(d) Appropriate documents to establish a new identity.
(e) Transportation or storage of personal possessions.
(f) Basic living expenses, including, but not limited to, food,
transportation, utility costs, and health care.
(g) Support, advocacy, and other services to provide for witnesses'
safe transition into a new environment.
(h) Other services as needed and approved by the Attorney General.




14025. The witness protection agreement shall be in writing, and
shall specify the responsibilities of the protected person that
establish the conditions for local or state prosecutors providing
protection. The protected person shall agree to all of the
following:
(a) If a witness or potential witness, to testify in and provide
information to all appropriate law enforcement officials concerning
all appropriate proceedings.
(b) To refrain from committing any crime.
(c) To take all necessary steps to avoid detection by others of
the facts concerning the protection provided to that person under
this title.
(d) To comply with legal obligations and civil judgments against
that person.
(e) To cooperate with all reasonable requests of officers and
employees of this state who are providing protection under this
title.
(f) To designate another person to act as agent for the service of
process.
(g) To make a sworn statement of all outstanding legal
obligations, including obligations concerning child custody and
visitation.
(h) To disclose any probation or parole responsibilities, and if
the person is on probation or parole.
(i) To regularly inform the appropriate program official of his or
her activities and current address.



14025.5. The State of California, the counties and cities within
the state, and their respective officers and employees shall not be
liable for any condition in the witness protection agreement that
cannot reasonably be met due to a witness committing a crime during
participation in the program.



14026. Funds available to implement this title may be used for any
of the following:
(a) To protect witnesses where credible evidence exists that they
may be in substantial danger of intimidation or retaliatory violence
because of their testimony.
(b) To provide temporary and permanent relocation of witnesses and
provide for their transition and well-being into a safe and secure
environment.
(c) To pay the costs of administering the program.



14026.5. For the purposes of this title, notwithstanding Article 1
(commencing with Section 13959) of Chapter 5 of Part 4 of Division 3
of Title 2 of the Government Code, a witness, as defined in
subdivision (a) of Section 14021, selected by local or state
prosecutors to receive services under the program established
pursuant to this title because he or she has been or may be
victimized due to the testimony he or she will give, shall be deemed
a victim.


14027. The Attorney General shall issue appropriate guidelines and
may adopt regulations to implement this title. These guidelines shall
include:
(a) A process whereby state and local agencies shall apply for
reimbursement of the costs of providing witness protection services.

(b) A 25-percent match that shall be required of local agencies.
The Attorney General may also establish a process through which to
waive the required local match when appropriate.



14028. The State of California, the counties and cities within the
state, and their respective officers and employees shall have
immunity from civil liability for any decision declining or revoking
protection to a witness under this title.




14029. All information relating to any witness participating in the
program established pursuant to this title shall remain confidential
and is not subject to disclosure pursuant to the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code) and, if a change of name has been
approved by the program, the order to show cause is not subject to
the publication requirement of Section 1277 of the Code of Civil
Procedure.



14030. (a) The Attorney General shall establish a liaison with the
United States Marshal's office in order to facilitate the legal
processes over which the federal government has sole authority,
including, but not limited to, those processes included in Section
14024. The liaison shall coordinate all requests for federal
assistance relating to witness protection as established by this
title.
(b) The Attorney General shall pursue all federal sources that may
be available for implementing this program. For that purpose, the
Attorney General shall establish a liaison with the United States
Department of Justice.
(c) The Attorney General, with the California Victim Compensation
and Government Claims Board, shall establish procedures to maximize
federal funds for witness protection services.



14031. Commencing one year after the effective date of this title,
the Attorney General shall make an annual report to the Legislature
no later than January 1 on the fiscal and operational status of the
program. This report shall include the amount of funding sought by
each county, the amount of funding provided to each county, and the
amount of the county match.



14032. The administrative costs of the Attorney General for the
purposes of administering this title shall be limited to 5 percent of
all costs incurred pursuant to this title.



14033. (a) The Governor's budget shall specify the estimated amount
in the Restitution Fund that is in excess of the amount needed to
pay claims pursuant to Sections 13960 to 13965, inclusive, of the
Government Code, to pay administrative costs for increasing
restitution funds, and to maintain a prudent reserve.
(b) It is the intent of the Legislature that, notwithstanding
Government Code Section 13967, in the annual Budget Act, funds be
appropriated to the Attorney General from those funds that are in
excess of the amount specified pursuant to subdivision (a) for the
purposes of this title.
BUILDING SECURITY

14051. The chief law enforcement and fire officials of every city
shall consult with the chief officer of their city who is charged
with the enforcement of laws or ordinances regulating the erection,
construction, or alteration of buildings within their jurisdiction
for the purpose of developing local security standards and
regulations supplemental to those adopted as part of Title 24 of the
California Administrative Code, relating to building standards. The
chief law enforcement and fire officials of every county shall
consult with the chief officer of their county who is charged with
the enforcement of laws or ordinances regulating the erection,
construction, or alteration of buildings within their jurisdiction
for the purpose of developing local security standards and
regulations supplemental to those adopted as part of Title 24 of the
California Administrative Code, relating to building standards. No
provision of this or any other code shall prevent a city or county
from enacting building security standards stricter than those enacted
by the state.
COMMUNITY VIOLENCE PREVENTION AND CONFLICT
RESOLUTION



14110. The Legislature finds the following:
(a) The incidence of violence in our state continues to present an
increasing and dominating societal problem that must be addressed at
its root causes in order to reduce significantly its effects upon
our society.
(b) As an initial step toward that goal, the Legislature passed
Assembly Bill No. 23 of the 1979-80 Regular Session which created the
California Commission on Crime Control and Violence Prevention which
was charged with compiling the latest research on root causes of
violence, in order to lay the foundation for a credible, effective
violence eradication program.
(c) The commission produced a final report in 1982 entitled
"Ounces of Prevention," which established that long-term prevention
is a valuable and viable public policy and demonstrated that there
are reachable root causes of violence in our society.
(d) The report contains comprehensive findings and recommendations
in 10 broad categorical areas for the removal of individual,
familial, and societal causal factors of crime and violence in
California.
(e) The recommendations in the report are feasible and credible,
propose an effective means of resolving conflict and removing the
root causes of violence in our society, and should be implemented, so
that their value may be provided to our citizenry.



14111. The Legislature further finds that:
(a) It is in the public interest to translate the findings of the
California Commission on Crime Control and Violence Prevention into
community-empowering, community-activated violence prevention efforts
that would educate, inspire, and inform the citizens of California
about, coordinate existing programs relating to, and provide direct
services addressing the root causes of, violence in California.
(b) The recommendations in the report of the commission can serve
as both the foundation and guidelines for short-, intermediate-, and
long-term programs to address and alleviate violence in California.
(c) It is in the public interest to facilitate the highest degree
of coordination between, cooperation among, and utilization of
public, nonprofit, and private sector resources, programs, agencies,
organizations, and institutions toward maximally successful violence
prevention and crime control efforts.
(d) Prevention is a sound fiscal, as well as social, policy
objective. Crime and violence prevention programs can and should
yield substantially beneficial results with regard to the exorbitant
costs of both violence and crime to the public and private sectors.
(e) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 is the appropriate state agency to contract
for programs addressing the root causes of violence.



14112. The Legislature therefore intends:
(a) To develop community violence prevention and conflict
resolution programs, in the state, based upon the recommendations of
the California Commission on Crime Control and Violence Prevention,
that would present a balanced, comprehensive educational,
intellectual, and experiential approach toward eradicating violence
in our society.
(b) That these programs shall be regulated, and funded pursuant to
contracts with the agency or agencies designated by the Director of
Finance pursuant to Section 13820.



14114. (a) First priority shall be given to programs that provide
community education, outreach, and coordination, and include creative
and effective ways to translate the recommendations of the
California Commission on Crime Control and Violence Prevention into
practical use in one or more of the following subject areas:
(1) Parenting, birthing, early childhood development, self-esteem,
and family violence, to include child, spousal, and elderly abuse.
(2) Economic factors and institutional racism.
(3) Schools and educational factors.
(4) Alcohol, diet, drugs, and other biochemical and biological
factors.
(5) Conflict resolution.
(6) The media.
(b) At least three of the programs shall do all of the following:

(1) Use the recommendations of the California Commission on Crime
Control and Violence Prevention and incorporate as many of those
recommendations as possible into its program.
(2) Develop an intensive community-level educational program
directed toward violence prevention. This educational component
shall incorporate the commission's works "Ounces of Prevention" and
"Taking Root," and shall be designed appropriately to reach the
educational, ethnic, and socioeconomic individuals, groups, agencies,
and institutions in the community.
(3) Include the imparting of conflict resolution skills.
(4) Coordinate with existing community-based, public and private,
programs, agencies, organizations, and institutions, local, regional,
and statewide public educational systems, criminal and juvenile
justice systems, mental and public health agencies, appropriate human
service agencies, and churches and religious organizations.
(5) Seek to provide specific resource and referral services to
individuals, programs, agencies, organizations, and institutions
confronting problems with violence and crime if the service is not
otherwise available to the public.
(6) Reach all local ethnic, cultural, linguistic, and
socioeconomic groups in the service area to the maximum extent
feasible.


14114.5. Other programs shall include subdivisions (a) and (f) of
Section 14114 and may include public lectures or sponsoring of
conferences, or both.


14115. (a) First priority programs may additionally provide
specific direct services or contract for those services in one or
more of the program areas as necessary to carry out the
recommendations of the commission when those services are not
otherwise available in the community and existing agencies do not
furnish them. Direct services may include, but are not limited to,
any of the following:
(1) Training seminars for law enforcement and human service
agencies and operatives.
(2) Crisis intervention training and counseling.
(3) Casework and program consultation with local human service
providers.
(4) Drug and alcohol counseling and treatment referral.
(5) Conflict resolution training and services, including the
principles and practices of conflict mediation, arbitration, and
"citizen tribunal" programs.
(b) All direct services are subject to Section 5328 of the Welfare
and Institutions Code.


14116. Second priority shall be given to programs that conform to
the requirements of Section 14114, except that the educational
component of subdivision (f) of that section shall not be mandatory
in each subject area, but shall be provided in at least three of
those areas, and the programs shall provide specific direct services
or contract for services in one or more program areas.



14117. (a) Each program shall have a governing board or an
interagency coordinating team, or both, of at least nine members
representing a cross section of existing and recipient,
community-based, public and private persons, programs, agencies,
organizations, and institutions. Each team shall do all of the
following:
(1) As closely as possible represent the socioeconomic, ethnic,
linguistic, and cultural makeup of the community and shall evidence
an interest in and commitment to the categorical areas of violence
prevention and conflict resolution.
(2) Be responsible for the implementation, evaluation, and
operation of the program and all its constituent elements, including
those specific direct services as may be provided pursuant to Section
14115.
(3) Be accountable for the distribution of all funds.
(4) Designate and appoint a responsible administrative authority
acceptable to the agency or agencies designated by the Director of
Finance pursuant to Section 13820 prior to the receipt of a grant.
(5) Submit an annual report to the agency or agencies designated
by the Director of Finance pursuant to Section 13820 which shall
include information on all of the following:
(A) The number of learning events.
(B) The number of persons trained.
(C) An overview of the changing level of information regarding
root causes of violence.
(D) An overview of the changing level of attitude regarding root
causes of violence.
(E) The changing level of behavior regarding root causes of
violence.
(F) The degree to which the program has been successful in
satisfying the requirements set forth in subdivisions (e) and (f) of
Section 14114.
(G) Other measures of program efficacy as specified by the agency
or agencies designated by the Director of Finance pursuant to Section
13820.
(b) Coordinating teams established under this section may adopt
local policies, procedures, and bylaws consistent with this title.



14118. (a) The agency or agencies designated by the Director of
Finance pursuant to Section 13820 shall prepare and issue written
program, fiscal, and administrative guidelines for the contracted
programs that are consistent with this title, including guidelines
for identifying recipient programs, agencies, organizations, and
institutions, and organizing the coordinating teams. The agency or
agencies designated by the Director of Finance pursuant to Section
13820 shall then issue a request for proposals. The responses to the
request for proposals shall be rated according to the priorities set
forth in subdivision (b) and additional criteria established by the
guidelines. The highest rated responses shall be selected. The
agency or agencies designated by the Director of Finance pursuant to
Section 13820 shall do all of the following:
(1) Subject the proposed program and administrative guidelines to
a 30-day period of broad public evaluation with public hearings
commencing in May 1985, prior to adoption, including specific
solicitation of input from culturally, geographically,
socioeconomically, educationally, and ethnically diverse persons,
programs, agencies, organizations, and institutions.
(2) Provide adequate public notice of the public evaluation around
the state in major metropolitan and rural newspapers and related
media outlets, and to local public, private, and nonprofit human
service executives and advisory boards, and other appropriate persons
and organizations.
(3) Establish a mechanism for obtaining, evaluating, and
incorporating when appropriate and feasible, public input regarding
the written program and administrative guidelines prior to adoption.

(b) Applicants for contracts under this title may be existing
community-based public and nonprofit programs, agencies,
organizations, and institutions, newly developed nonprofit
corporations, or joint proposals from combinations of either or both
of the above.


14119. (a) The agency or agencies designated by the Director of
Finance pursuant to Section 13820 shall promote, organize, and
conduct a series of one-day crime and violence prevention training
workshops around the state. The agency or agencies designated by the
Director of Finance pursuant to Section 13820 shall seek
participation in the workshops from ethnically, linguistically,
culturally, educationally, and economically diverse persons,
agencies, organizations, and institutions.
(b) The training workshops shall have all of the following goals:

(1) To identify phenomena which are thought to be root causes of
crime and violence.
(2) To identify local manifestations of those root causes.
(3) To examine the findings and recommendations of the California
Commission on Crime Control and Violence Prevention.
(4) To focus on team building and interagency cooperation and
coordination toward addressing the local problems of crime and
violence.
(5) To examine the merits and necessity of a local crime and
violence prevention effort.
(c) There shall be at least three workshops.




14120. (a) Programs shall be funded, depending upon the
availability of funds, for a period of two years.
(b) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall provide 50 percent of the program
costs, to a maximum amount of fifty thousand dollars ($50,000) per
program per year. The recipient shall provide the remaining 50
percent with other resources which may include in-kind contributions
and services. The administrative expenses for the pilot programs
funded under Section 14120 shall not exceed 10 percent.
(c) Programs should be seeking private sector moneys and
developing ways to become self-sufficient upon completion of pilot
program funding.
(d) The recipient programs shall be responsible for a yearend
independent audit.
(e) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall do an interim evaluation of the
programs, commencing in July 1986, and shall report to the
Legislature and the people with the results of the evaluation prior
to October 31, 1986. The evaluation shall include, but not be
limited to, an assessment and inventory of all of the following:
(1) The number of learning events.
(2) The number of persons trained.
(3) The changing level of information regarding root causes of
violence.
(4) The changing level of attitude regarding root causes of
violence.
(5) The changing level of behavior regarding root causes of
violence.
(6) The reduced level of violence in our society.
(7) The degree to which the program has succeeded in reaching and
impacting positively upon local ethnic, cultural, and socioeconomic
groups in the service area.
A final evaluation shall be made with a report prior to October
31, 1987, which shall also include specific recommendations to the
Legislature and the people of this state regarding methods and means
by which these violence prevention and crime control programmatic
efforts can be enhanced and improved.



14121. The agency or agencies designated by the Director of Finance
pursuant to Section 13820 may hire support staff and utilize
resources necessary to carry out the purposes of this title.

[هيثم الفقى]

14140. (a) Each county is authorized and encouraged to create a
county task force on violent crimes against women. The board of
supervisors of a county which elects to create a task force under
this section shall notify the agency or agencies designated by the
Director of Finance pursuant to Section 13820 that the county is
establishing, by appointment, a countywide task force. Each county
task force shall develop a countywide policy on violent crimes
against women.
(b) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 may provide technical assistance to, and
collect and disseminate information on, the county task forces
established under this section.


14141. The purpose of each county task force may be as follows:
(a) To promote a countywide policy on violent crimes against
women.
(b) To make recommendations on how to reduce violent crime.
(c) To prepare and place counties in a strong position to compete
for federal and state funds that may become available for the
purposes of this title.
(d) To facilitate coordination of services and responses between
governmental agencies and between governmental agencies and nonprofit
agencies serving women who are victims of violent crimes.
(e) To initiate local domestic violence prevention planning and
priorities for the use of federal and state domestic violence
prevention grants.


14142. Each county task force may evaluate and make recommendations
regarding the following:
(a) The adequacy of current law enforcement efforts at the local
level to reduce the rate of violent crimes against women.
(b) The responsiveness of local prosecutors and the courts to
violent crimes against women.
(c) Local government efforts to reduce violent crimes against
women.
(d) Public awareness and public dissemination of information
essential to the prevention of violent crimes against women.
(e) The information collection and government statistics on the
incidence and prevalence of violent crimes against women.
(f) The adequacy of federal, state, and local laws on ***ual
assault and domestic violence and the need for more uniform statutory
responses to *** offenses and domestic violence.
(g) The need for services, including counseling, shelter, legal
services, victim advocacy, and other supportive services, for women
who are victims of violent crime.



14143. Every effort shall be made to ensure that the ethnic and
racial composition of each task force is reflective of the ethnic and
racial distribution of the persons and families in the community.
Each county task force shall include, to the extent possible, but not
be limited to, the following:
(a) A criminal court judge.
(b) A domestic relations or civil court judge.
(c) A prosecuting attorney.
(d) A city council person or other elected local governmental
official.
(e) Representatives from the Council of Cities, the Police Chief
Association, the County Office of Education, the Public Defender
Program, the County Bar Association, the Domestic Violence Coalition,
health services, social services, probation, a women's organization,
each of the battered women's shelters serving the county, each of
the rape crisis centers serving the county, a legal services program,
a homeless program serving women, other nonprofit community-based
organizations whose primary focus is to assist the women who are
victims of violent crimes, the Native Tribal Councils, and the county
Commission on the Status of Women.

[هيثم الفقى]

14150. The Legislature hereby finds and declares:
(a) Over the last 10 years, criminal case filings, including
misdemeanor filings, have been increasing faster than any other type
of filing in California's courts. Between 1981 and 1991, nontraffic
misdemeanor and infraction filings in municipal and justice courts
increased by 35 percent.
(b) These misdemeanor cases add to the workload which is now
straining the California court system. In addition, many of these
cases are ill-suited to complete resolution through the criminal
justice system because they involve underlying disputes which may
result in continuing conflict and criminal conduct within the
community.
(c) Many victims of misdemeanor criminal conduct feel excluded
from the criminal justice process. Although they were the direct
victims of the offenders' criminal conduct, the process does not
currently provide them with a direct role in holding the offender
accountable for this conduct.
(d) Community conflict resolution programs utilizing alternative
dispute resolution (ADR) processes such as mediation and arbitration
have been effectively used in California and elsewhere to resolve
conflicts involving conduct that could be charged as a misdemeanor.
These programs can assist in reducing the number of cases burdening
the court system. By utilizing ADR processes, these programs also
provide an opportunity for direct participation by the victims of the
conduct, thereby increasing victims' satisfaction with the criminal
justice process. In addition, by bringing the parties together,
these programs may reduce conflict within the community by
facilitating the settlement of disputes which are causing repeated
misdemeanor criminal conduct and may increase compliance with
restitution agreements by encouraging the offender to accept personal
responsibility.
(e) As of the effective date of this section, the San Francisco
and Contra Costa district attorney offices refer between 1,000 and
1,500 cases per year involving conduct which could be charged as a
misdemeanor to California Community Dispute Services, which provides
ADR services. Between 70 and 75 percent of these cases are
successfully resolved through the ADR process, and the rate of
compliance with the agreements reached is between 80 and 93 percent.

(f) The State of New York has developed a substantial statewide
alternative dispute resolution program in which 65 percent of the
cases using the services are of a criminal nature. These cases are
referred to arbitration, conciliation, and mediation. Of the
criminal misdemeanor cases that were mediated, 82 percent reached an
agreement through the mediation process.
(g) It is in the public interest for community dispute resolution
programs to be established to provide ADR services in cases involving
conduct which could be charged as a misdemeanor and for district
attorneys and courts to be authorized to refer cases to these
programs.



14151. The district attorney may establish a community conflict
resolution program pursuant to this title to provide alternative
dispute resolution (ADR) services, such as mediation, arbitration, or
a combination of both mediation and arbitration (med-arb) in cases,
including those brought by a city prosecutor, involving conduct which
could be charged as a misdemeanor. The district attorney may
contract with a private entity to provide these services and may
establish minimum training requirements for the neutral persons
conducting the ADR processes.


14152. (a) The district attorney may refer cases involving conduct
which could be charged as a misdemeanor to the community conflict
resolution program. In determining whether to refer a case to the
community conflict resolution program, the district attorney shall
consider, but is not limited to considering, all of the following:
(1) The nature of the conduct in question.
(2) The nature of the relationship between the alleged victim and
the person alleged to have committed the conduct.
(3) Whether referral to the community conflict resolution program
is likely to help resolve underlying issues which are likely to
result in additional conduct which could be the subject of criminal
charges.
(b) No case where there has been a history of child abuse, ***ual
assault, or domestic violence, as that term is defined in Section
6211 of the Family Code, between the alleged victim and the person
alleged to have committed the conduct, or where a protective order,
as defined in Section 6218 of the Family Code, is in effect, shall be
referred to the community conflict resolution program.



14153. Both the alleged victim and the person alleged to have
committed the conduct shall knowingly and voluntarily consent to
participate in the ADR process conducted by the community conflict
resolution program.


14154. In a county in which the district attorney has established a
community conflict resolution program, the superior court may, with
the consent of the district attorney and the defendant, refer
misdemeanor cases, including those brought by a city prosecutor, to
that program. In determining whether to refer a case to the
community conflict resolution program, the court shall consider, but
is not limited to considering, all of the following:
(a) The factors listed in Section 14152.
(b) Any other referral criteria established by the district
attorney for the program.
The court shall not refer any case to the community conflict
resolution program which was previously referred to that program by
the district attorney.



14155. (a) If the alleged victim or the person alleged to have
committed the conduct does not agree to participate in the community
conflict resolution program or the case is not resolved through the
ADR process provided by that program, the community conflict
resolution program shall promptly refer the case back to the district
attorney or to the court that made the referral for appropriate
action.
(b) If the community conflict resolution program determines that a
case referred to it prior to the filing of a complaint has been
resolved through that referral, the program shall recommend to the
district attorney that the case not be prosecuted.
(c) If a case referred to the community conflict resolution
program after the filing of a complaint but prior to adjudication is
resolved through that referral, the court may dismiss the action
pursuant to Section 1378 or 1385.



14156. It is the intent of the Legislature that neither this title
nor any other provision of law be construed to preempt other
precomplaint or pretrial diversion programs. It is also the intent
of the Legislature that this title not preempt other posttrial
diversion programs.

[هيثم الفقى]

14160. (a) It is the purpose of this title to require certain
reports or records of transactions involving monetary instruments as
defined herein where those reports or records have a high degree of
usefulness in criminal investigations or proceedings.
(b) The Attorney General shall adopt rules and regulations for the
administration and enforcement of this title.
(c) It is the intent of the Legislature that the rules and
regulations prescribed by the Attorney General for the administration
and enforcement of this title shall be designed to minimize the cost
and difficulty of compliance and shall, to the greatest extent
possible, result in report and record-keeping forms consistent with
those in use for compliance with Sections 5311 et seq. of Title 31 of
the United States Code, Section 6050 I of Title 26 of the United
States Code, and regulations adopted thereunder.
(d) Nothing in this title shall be construed to give rise to a
private cause of action for relief or damages.



14161. As used in this title:
(a) "Financial institution" means, when located or doing business
in this state, any national bank or banking association, state bank
or banking association, commercial bank or trust company organized
under the laws of the United States or any state, any private bank,
industrial savings bank, savings bank or thrift institution, savings
and loan association, or building and loan association organized
under the laws of the United States or any state, any insured
institution as defined in Section 401 of the National Housing Act,
any credit union organized under the laws of the United States or any
state, any national banking association or corporation acting under
Chapter 6 (commencing with Section 601) of Title 12 of the United
States Code, any foreign bank, any currency dealer or exchange, any
person or business engaged primarily in the cashing of checks, any
person or business who regularly engages in the issuing, selling, or
redeeming of traveler's checks, money orders, or similar instruments,
any broker or dealer in securities registered or required to be
registered with the Securities and Exchange Commission under the
Securities Exchange Act of 1934, any licensed sender of money, any
investment banker or investment company, any insurance company, any
dealer in coins, precious metals, stones, or jewelry, any pawnbroker,
any telegraph company, any person or business engaged in controlled
gambling within the meaning of subdivision (e) of Section 19805 of
the Business and Professions Code, whether registered or licensed to
do so or not, and any person or business defined as a "bank,"
"financial agency," or "financial institution" by Section 5312 of
Title 31 of the United States Code or Section 103.11 of Title 31 of
the Code of Federal Regulations and any successor provisions thereto.

(b) "Transaction" includes the deposit, withdrawal, transfer,
bailment, loan, payment, or exchange of currency, or a monetary
instrument, as defined by subdivision (c), by, through, or to, a
financial institution, as defined by subdivision (a). "Transaction"
does not include the purchase of gold, silver, or platinum bullion or
coins, or diamonds, emeralds, rubies, or sapphires by a bona fide
dealer therein, and does not include the sale of gold, silver, or
platinum bullion or coins, or diamonds, emeralds, rubies, or
sapphires by a bona fide dealer therein in exchange for other than a
monetary instrument, and does not include the exchange of gold,
silver, or platinum bullion or coins, or diamonds, emeralds, rubies,
or sapphires by a bona fide dealer therein for gold, silver, or
platinum bullion or coins, or diamonds, emeralds, rubies, or
sapphires.
(c) "Monetary instrument" means United States currency and coin;
the currency and coin of any foreign country; and any instrument
defined as a "monetary instrument" by Section 5312 of Title 31 of the
United States Code or Section 103.11 of Title 31 of the Code of
Federal Regulations, or the successor of either. Notwithstanding any
other provision of this subdivision, "monetary instrument" does not
include bank checks, cashier's checks, traveler's checks, personal
checks, or money orders made payable to the order of a named party
that have not been endorsed or that bear restrictive endorsements.
(d) "Department" means the Department of Justice.
(e) "Criminal justice agency" means the Department of Justice and
any district attorney's office, sheriff's department, police
department, or city attorney's office of this state.
(f) "Currency" means United States currency or coin, the currency
or coin of any foreign country, and any legal tender or coin defined
as currency by Section 103.11 of Title 31 of the Code of Federal
Regulations or any succeeding provision.



14162. (a) A financial institution shall make and keep a record of
each transaction by, through, or to, the financial institution that
involves currency of more than ten thousand dollars ($10,000). A
financial institution shall file a report of the transaction with the
department in a form and at the time that the department, by
regulation, shall require. The filing with the department within the
time specified in its regulations of a duplicate copy of a report of
the transaction required by Section 6050I of Title 26 of the United
States Code, and any regulations adopted thereunder, shall satisfy
the reporting requirements of this subdivision. This subdivision
does not apply to a financial institution, as defined in Section 5312
of Title 31 of the United States Code and Section 103.11 of Title 31
of the Code of Federal Regulations and any successor provisions
thereto.
(b) A financial institution, as defined in Section 5312 of Title
31 of the United States Code and Section 103.11 of Title 31 of the
Code of Federal Regulations and any successor provisions, shall file
with the department, at any time as the department by regulation
shall require, a duplicate copy of each report required by Sections
5313 and 5314 of Title 31 of the United States Code and by Sections
103.22 and 103.23 of Title 31 of the Code of Federal Regulations, and
any successor provisions thereto. The filing pursuant to this
subdivision shall satisfy all reporting and recordkeeping
requirements of this title.
(c) (1) A financial institution with actual knowledge of the
requirements of this section that knowingly and willfully fails to
comply with the requirements of this section shall be liable for a
civil penalty.
(2) The court may impose a civil penalty for each violation.
However, in the first civil proceeding against a financial
institution, the civil penalties for all violations shall not exceed
a total sum of ten thousand dollars ($10,000). If a civil penalty
was imposed in a prior civil proceeding, the civil penalties for all
violations shall not exceed a total sum of twenty-five thousand
dollars ($25,000). If a civil penalty was imposed in two or more
prior civil proceedings, the civil penalties for all violations shall
not exceed a total sum of one hundred thousand dollars ($100,000).
(3) A proceeding for a civil penalty under this subdivision may be
brought only by the Attorney General of California or the district
attorney for the county in which the violation is alleged to have
occurred. The proceeding shall be governed by the Code of Civil
Procedure.
(4) This subdivision shall not apply to any case where the
financial institution is criminally prosecuted in federal or state
court for conduct related to a violation of this section.



14163. Except as otherwise provided, a financial institution may
exempt from the reporting requirements of Section 14162 monetary
instrument transactions exempted from the reporting requirements of
Section 5313 of Title 31 of the United States Code. However, the
exemption shall be approved in writing and with the signature of two
or more officers of the financial institution and subject to review
and disapproval for reasonable cause by the department. An exemption
disapproved by the department in writing shall be effective to
require reporting pursuant to Section 14162 within five business days
of the time the disapproval is communicated to the financial
institution. The department may require, by regulation, the
maintenance, and may provide for the inspection, of records of
exemptions granted under this section.



14164. (a) A financial institution, or any officer, employee, or
agent thereof, that keeps and files a record in reliance on Section
14162, shall not be liable to its customer, to a state or local
agency, or to any person for any loss or damage caused in whole or in
part by the making, filing, or governmental use of the report, or
any information contained therein.
(b) This title does not preclude a financial institution, in its
discretion, from instituting contact with, and thereafter
communicating with and disclosing customer financial records to,
appropriate federal, state, or local law enforcement agencies when
the financial institution has reason to suspect that the records or
information demonstrate that the customer has violated any provision
of this title or Section 186.10.


14165. (a) The department shall analyze the reports required by
Section 14162 and shall report any possible violations indicated by
this analysis to the appropriate criminal justice agency.
(b) The department, in the discretion of the Attorney General, may
make a report or information contained in a report filed under
Section 14162 available to a district attorney or a deputy district
attorney in this state, upon request made by the district attorney or
his or her designee. The report or information shall be available
only for a purpose consistent with this title and subject to
regulations prescribed by the Attorney General, which shall require
the district attorney or his or her designee seeking the report or
information contained in the report to specify in writing the
specific reasons for believing that a provision of this title or
Section 186.10 has been violated.
(c) The department shall destroy a report filed with it under
Section 14162 at the end of the fifth calendar year after receipt of
the report, unless the report or information contained in the report
is known by the department to be the subject of an existing criminal
proceeding or investigation.


14166. Any person (a) who willfully violates any provision of this
title or any regulation adopted to implement Section 14162, (b) who,
knowingly and with the intent either (1) to disguise the fact that a
monetary instrument was derived from criminal activity or (2) to
promote, manage, establish, carry on, or facilitate the promotion,
management, establishment, or carrying on of any criminal activity,
furnishes or provides to a financial institution or any officer,
employee, or agent thereof or to the department, any false,
inaccurate, or incomplete information or conceals a material fact in
connection with a transaction for which a report is required to be
filed pursuant to either Section 14162 of this code or Section 5313
of Title 31 of the United States Code, or in connection with an
exemption prescribed in Section 14163, or (c) who, knowingly and with
the intent either (1) to disguise the fact that a monetary
instrument was derived from criminal activity or (2) to promote,
manage, establish, carry on, or facilitate the promotion, management,
establishment, or carrying on of any criminal activity, conducts a
monetary instrument transaction or series of transactions by or
through one or more financial institutions as part of a scheme and
with the intent to avoid the making or filing of a report required
under either Section 14162 of this code or Section 5313 of Title 31
of the United States Code, shall be punished by imprisonment in the
county jail for not more than one year or in the state prison, by a
fine of not more than the greater of two hundred fifty thousand
dollars ($250,000) or twice the monetary value of the financial
transaction or transactions, or by both that imprisonment and fine.
Notwithstanding any other provision of law, any violation of this
section as to each monetary instrument transaction or exemption
constitutes a separate, punishable offense.



14167. Any report, record, information, analysis, or request
obtained by the department or any agency pursuant to this title is
not a public record as defined in Section 6252 of the Government Code
and is not subject to disclosure under Section 6253 of the
Government Code.

[هيثم الفقى]

14170. (a) It is the intent of the Legislature in enacting this
measure to enhance crime prevention efforts by establishing a pilot
program to strengthen the ability of law enforcement agencies in
rural areas to detect and monitor agricultural- and rural-based
crimes.
(b) The County of Tulare has developed the Rural Crime
Demonstration Project administered by the Tulare County District
Attorney's office under a joint powers agreement with the Tulare
County Sheriff's office entered into pursuant to Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 of the
Government Code.
The parties to that agreement formed a task force to include the
office of the Tulare County Agricultural Commissioner. The task
force is an interactive team working together to develop problem
solving and crime control techniques, to encourage timely reporting
of crimes, and to evaluate the results of these activities. The task
force conducts joint operations in order to facilitate investigative
coordination. The task force consults with experts from the United
States military, the California Military Department, the Department
of Justice, other law enforcement entities, and various other state
and private organizations as deemed necessary to maximize the
effectiveness of the task force. Media and community support have
been solicited to promote the task force.
The Rural Crime Demonstration Project has proven its cost
effectiveness. It is appropriate that the project be expanded into a
program that will allow the County of Tulare to continue to operate
the task force formed under the above described joint powers
agreement, and to permit the Counties of Fresno, Kern, Kings, Madera,
Merced, San Joaquin, and Stanislaus to establish their own programs,
pursuant to the provisions of this title, and to collectively
establish a task force for the prevention of rural crime in those
counties.
(c) The Legislature finds and declares that California has
experienced an escalation in agricultural crimes in general, both
property and personal, and that there has been no concentrated effort
applied to the prevention of crimes against the agricultural
industry. Currently, no national or state agency keeps track of
statistics on agricultural and rural crime. According to media
reports, this state lost millions of dollars worth of crops,
livestock, and equipment in 1994 and 1995. A majority of these
crimes occurred in agricultural-based counties. However, there has
been no effort on the part of any state or local agency to accurately
record these types of crimes.
The Legislature further finds and declares that there are no state
or local law enforcement agencies in this state with programs that
are specially designed to detect or monitor agricultural- and
rural-based criminal activities. In addition, local law enforcement
agencies do not possess the jurisdictional authority, investigative
facilities, or data systems to coordinate a comprehensive approach to
the state's agricultural and rural crime problem.
The Legislature additionally finds and declares that the
proliferation of agricultural and rural crime in the various rural
counties of this state is a threat to the vitality of our rich
agrarian tradition. Agricultural and rural crime, if left unchecked,
endangers an entire industry that is vital to America's continued
economic role in the world, and therefore requires a proactive
response from the Legislature. The intent of the Legislature in
authorizing the Central Valley Rural Crime Prevention Program
pursuant to this act is to provide for the protection and safety of
the state's agriculture industry by creating statewide standards and
methods of detecting and tracking agrarian and rural crime.




14171. (a) Each of the Counties of Fresno, Kern, Kings, Madera,
Merced, San Joaquin, Stanislaus, and Tulare may develop within its
respective jurisdiction a Central Valley Rural Crime Prevention
Program, which shall be administered by the county district attorney'
s office of each respective county under a joint powers agreement
with the corresponding county sheriff's office entered into pursuant
to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1
of the Government Code.
(b) The parties to each agreement shall form a regional task force
that shall be known as the Central Valley Rural Crime Task Force,
that includes the respective county office of the county agricultural
commissioner, the county district attorney, the county sheriff, and
interested property owner groups or associations. The task force
shall be an interactive team working together to develop crime
prevention, problem solving, and crime control techniques, to
encourage timely reporting of crimes, and to evaluate the results of
these activities. The task force shall operate from a joint facility
in order to facilitate investigative coordination. The task force
shall also consult with experts from the United States military, the
California Military Department, the Department of Justice, other law
enforcement entities, and various other state and private
organizations as deemed necessary to maximize the effectiveness of
this program. Media and community support shall be solicited to
promote this program. Each of the designated counties shall adopt
rules and regulations for the implementation and administration of
this program.
(1) In order to receive funds for this program, each designated
county shall agree to participate in a regional task force, to be
known as the Central Valley Rural Crime Task Force, and shall appoint
a representative to that task force.
(2) The Central Valley Rural Crime Task Force shall develop rural
crime prevention programs containing a system for reporting rural
crimes that enables the swift recovery of stolen goods and the
apprehension of criminal suspects for prosecution. The task force
shall develop computer software and use communication technology to
implement the reporting system, although the task force is not
limited to the use of these means to achieve the stated goals.
(3) The Central Valley Rural Crime Task Force shall develop a
uniform procedure for all participating counties to collect, and each
participating county shall collect, data on agricultural crimes. The
task force shall also establish a central database for the
collection and maintenance of data on agricultural crimes and
designate one participating county to maintain the database. State
funds the counties receive to operate their rural crime prevention
programs may be used to implement the requirements of this paragraph.
This paragraph does not prohibit counties from using their own funds
to implement the paragraph's provisions, however, it is the
Legislature's intent that this paragraph shall not be construed as
creating a state-mandated local program.
(c) The staff for each program shall consist of the personnel
designated by the district attorney and sheriff for each county in
accordance with the joint powers agreement.




14173. It is the intent of the Legislature that any funds
appropriated to the Central Valley Rural Crime Prevention Program be
distributed according to the following schedule:



Fresno ......................... 23%

Kern ........................... 17%

Kings .......................... 8.5%

Madera ......................... 5.5%

Merced ......................... 8.5%

San Joaquin .................... 8.5%

Stanislaus ..................... 8.5%

Tulare ......................... 20.5%




14174. Funds appropriated for the purposes of this title shall be
allocated based on the counties' compliance with paragraph (3) of
subdivision (b) of Section 14171.



14175. This title shall become inoperative on July 1, 2012, and is
repealed as of January 1, 2013, unless a later enacted statute, which
is enacted before January 1, 2013, deletes or extends that date.

[هيثم الفقى]

14180. The Legislature encourages the Counties of Monterey, San
Benito, Santa Barbara, Santa Cruz, and San Luis Obispo to develop,
adopt, and implement a Central Coast Rural Crime Prevention Program
based upon the Central Valley Rural Crime Prevention Program
established by Title 11.5 (commencing with Section 14170) of Part 4.




14181. (a) The Counties of Monterey, San Luis Obispo, Santa
Barbara, Santa Cruz, and San Benito may each develop within its
respective jurisdiction a Central Coast Rural Crime Prevention
Program, which shall be administered in San Benito County, Santa
Barbara County, Santa Cruz County, and San Luis Obispo County by the
county district attorney's office under a joint powers agreement with
the county sheriff's office, and in Monterey County by the county
sheriff's office under a joint powers agreement with the county
district attorney's office. Each joint powers agreement shall be
entered into pursuant to Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1 of the Government Code.
(b) The parties to each agreement shall form a regional task force
that shall be known as the Central Coast Rural Crime Task Force,
that includes the respective county office of the county agricultural
commissioner, the county district attorney, the county sheriff, and
interested property owner groups or associations. The task force
shall be an interactive team working together to develop crime
prevention, problem solving, and crime control techniques, to
encourage timely reporting of crimes, and to evaluate the results of
these activities. The task force shall operate from a joint facility
in order to facilitate investigative coordination. The task force
shall also consult with experts from the United States military,
other law enforcement entities, and various private organizations as
deemed necessary to maximize the effectiveness of this program.
Media and community support shall be solicited to promote this
program. Each of the designated counties shall adopt rules and
regulations for the implementation and administration of this
program.
(1) The Central Coast Rural Crime Task Force shall develop rural
crime prevention programs containing a system for reporting rural
crimes that enables the swift recovery of stolen goods and the
apprehension of criminal suspects for prosecution. The task force
shall develop computer software and use communication technology to
implement the reporting system, although the task force is not
limited to the use of these means to achieve the stated goals.
(2) The Central Coast Rural Crime Task Force shall develop a
uniform procedure for all participating counties to collect, and each
participating county shall collect, data on agricultural crimes.
The task force shall also establish a central database for the
collection and maintenance of data on agricultural crimes and
designate one participating county to maintain the database.
(c) The staff for each program shall consist of the personnel
designated by the district attorney and sheriff for each county in
accordance with the joint powers agreement.


14182. Sources of funding for the program may include, but shall
not be limited to, appropriations from local government and private
contributions.


14183. This title shall become inoperative on July 1, 2010, and is
repealed as of January 1, 2011, unless a later enacted statute that
is enacted before January 1, 2011, deletes or extends those dates.

[هيثم الفقى]

14200. The Attorney General shall establish and maintain the
Violent Crime Information Center to assist in the identification and
the apprehension of persons responsible for specific violent crimes
and for the disappearance and exploitation of persons, particularly
children and dependent adults. The center shall establish and
maintain programs which include, but are not limited to, all of the
following: developing violent offender profiles; assisting local law
enforcement agencies and county district attorneys by providing
investigative information on persons responsible for specific violent
crimes and missing person cases; providing physical description
information and photographs, if available, of missing persons to
county district attorneys, nonprofit missing persons organizations,
and schools; and providing statistics on missing dependent adults and
on missing children, including, as may be applicable, family
abductions, nonfamily abductions, voluntary missing, and lost
children or lost dependent adults.


14201. (a) The Attorney General shall establish within the center
and shall maintain an online, automated computer system designed to
effect an immediate law enforcement response to reports of missing
persons. The Attorney General shall design the computer system,
using any existing system, including the California Law Enforcement
Telecommunications System, to include an active file of information
concerning persons reported to it as missing and who have not been
reported as found. The computer system shall also include a
confidential historic data base. The Attorney General shall develop
a system of cataloging missing person reports according to a variety
of characteristics in order to facilitate locating particular
categories of reports as needed.
(b) The Attorney General's active files described in subdivision
(a) shall be made available to law enforcement agencies. The
Attorney General shall provide to these agencies the name and
personal description data of the missing person including, but not
limited to, the person's date of birth, color of eyes and hair, ***,
height, weight, and race, the time and date he or she was reported
missing, the reporting agency, and any other data pertinent to the
purpose of locating missing persons. However, the Attorney General
shall not release the information if the reporting agency requests
the Attorney General in writing not to release the information
because it would impair a criminal investigation.
(c) The Attorney General shall distribute a missing children and
dependent adults bulletin on a quarterly basis to local law
enforcement agencies, district attorneys, and public schools. The
Attorney General shall also make this information accessible to other
parties involved in efforts to locate missing children and dependent
adults and to those other persons as the Attorney General deems
appropriate.
This section shall become operative on July 1, 1989.



14201.1. The Attorney General shall establish and maintain, upon
appropriation of funds by the Legislature, the Violent Crime
Information Network within the center to enable the Department of
Justice crime analysts with expertise in child abuse, missing
persons, child abductions, and ***ual assaults to electronically
share their data, analysis, and findings on violent crime cases with
each other, and to electronically provide law enforcement agencies
with information to assist in the identification, tracking, and
apprehension of violent offenders. The Violent Crime Information
Network shall serve to integrate existing state, federal, and
civilian data bases into a single comprehensive network.



14201.5. (a) The Attorney General shall establish within the
Department of Justice the Missing and Exploited Children's Recovery
Network by July 31, 1995.
(b) This network shall consist of an automated computerized system
that shall have the capability to electronically transmit to all
state and local law enforcement agencies, and all cooperating news
media services, either by facsimile or computer modem, a missing
child poster that includes the name, personal description data, and
picture of the missing child. The information contained in this
poster shall include, but not be limited to, the child's date of
birth, color of eyes and hair, ***, height, weight, race, the time
and date he or she was reported missing, the reporting agency,
including contact person at reporting agency if known, and any other
data pertinent to the purpose of locating missing persons.
(c) The Department of Justice shall work in cooperation with the
National Center for Missing and Exploited Children to develop and
implement a network that can electronically interface with the
National Missing and Exploited Children's Network.
(d) The Attorney General shall implement this network within
existing Department of Justice resources.



14201.6. (a) The Department of Justice shall establish and maintain
a publicly accessible computer internet directory of information
relating to the following:
(1) Persons for whom an arrest warrant has been issued pursuant to
an alleged violation of any offense defined as a violent felony in
subdivision (c) of Section 667.5.
(2) Critical missing children.
(3) Unsolved homicides.
(b) The Attorney General may determine the extent of information
and the priority of cases to be included in the directory.
(c) The department shall keep confidential, and not enter into the
directory, either of the following:
(1) Information regarding any case for which the Attorney General
has determined that disclosure pursuant to this section would
endanger the safety of a person involved in an investigation or the
successful completion of the investigation or a related
investigation.
(2) Information regarding an arrest warrant for which the issuing
magistrate has determined that disclosure pursuant to this section
would endanger the safety of a person involved in an investigation or
the successful completion of the investigation or a related
investigation.
(d) For purposes of this section, "critical missing child"
includes, but is not limited to, any case of a missing child for
which there is evidence or indications that the child is at risk, as
specified in subdivision (b) of Section 14213.



14202. (a) The Attorney General shall establish and maintain within
the center an investigative support unit and an automated violent
crime method of operation system to facilitate the identification and
apprehension of persons responsible for murder, kidnap, including
parental abduction, false imprisonment, or ***ual assault. This unit
shall be responsible for identifying perpetrators of violent
felonies collected from the center and analyzing and comparing data
on missing persons in order to determine possible leads which could
assist local law enforcement agencies. This unit shall only release
information about active investigations by police and sheriffs'
departments to local law enforcement agencies.
(b) The Attorney General shall make available to the investigative
support unit files organized by category of offender or victim and
shall seek information from other files as needed by the unit. This
set of files may include, among others, the following:
(1) Missing or unidentified, deceased persons' dental files filed
pursuant to this title, Section 27521 of the Government Code, or
Section 102870 of the Health and Safety Code.
(2) Child abuse reports filed pursuant to Section 11169.
(3) *** offender registration files maintained pursuant to Section
290.
(4) State summary criminal history information maintained pursuant
to Section 11105.
(5) Information obtained pursuant to the parent locator service
maintained pursuant to Section 11478.5 of the Welfare and
Institutions Code.
(6) Information furnished to the Department of Justice pursuant to
Section 11107.
(7) Other Attorney General's office files as requested by the
investigative support unit.
This section shall become operative on July 1, 1989.



14202.1. The Attorney General shall establish and maintain, upon
appropriation of funds by the Legislature, within the center the
Violent Crime Information System to track and monitor violent
offenders and their activities. The Violent Crime Information System
shall use computer technology to compare unsolved crime scene and
methods of operation information against the file of known violent
***ual assault, kidnapping, and homicide offenders, containing over
40,000 violent, kidnapping, and homicide offenders. The system shall
provide local law enforcement agencies with investigative leads to
assist in the resolution of violent crimes.




14202.2. (a) The Department of Justice, in conjunction with the
Department of Corrections, shall update any supervised release file
that is available to law enforcement on the California Law
Enforcement Telecommunications System every 10 days to reflect the
most recent inmates paroled from facilities under the jurisdiction of
the Department of Corrections.
(b) Commencing on July 1, 2001, The Department of Justice, in
consultation with the State Department of Mental Health, shall also
update any supervised release file that is available to law
enforcement on the California Law Enforcement Telecommunications
System every 10 days to reflect patients undergoing community mental
health treatment and supervision through the Forensic Conditional
Release Program administered by the State Department of Mental
Health, other than individuals committed as incompetent to stand
trial pursuant to Chapter 6 (commencing with Section 1367) of Title
10 of Part 2.



14203. (a) The online missing persons registry shall accept and
generate complete information on a missing person.
(b) The information on a missing person shall be retrievable by
any of the following:
(1) The person's name.
(2) The person's date of birth.
(3) The person's social security number.
(4) Whether a dental chart has been received, coded, and entered
into the National Crime Information Center Missing Person System by
the Attorney General.
(5) The person's physical description, including hair and eye
color and body marks.
(6) The person's known associates.
(7) The person's last known location.
(8) The name or assumed name of the abductor, if applicable, other
pertinent information relating to the abductor or the assumed
abductor, or both.
(9) Any other information, as deemed appropriate by the Attorney
General.
(c) The Attorney General, in consultation with local law
enforcement agencies and other user groups, shall develop the form in
which information shall be entered into the system.
(d) The Attorney General shall establish and maintain within the
center a separate, confidential historic database relating to missing
children and dependent adults. The historic database may be used
only by the center for statistical and research purposes. The
historic database shall be set up to categorize cases relating to
missing children and dependent adults by type. These types shall
include the following: runaways, voluntary missing, lost, abduction
involving movement of the victim in the commission of the crime or
***ual exploitation of the victim, nonfamily abduction, family
abduction, and any other categories as determined by the Attorney
General. In addition, the data shall include the number of missing
children and missing dependent adults in this state and the category
of each case.
(e) The center may supply information about specific cases from
the historic database to a local police department, sheriff's
department, or district attorney, only in connection with an
investigation by the police department, sheriff's department, or
district attorney of a missing person case or a violation or
attempted violation of Section 220, 261.5, 262, 273a, 273d, or 273.5,
or any *** offense listed in Section 290, except for the offense
specified in subdivision (d) of Section 243.4.



14204. The Attorney General shall provide training on the services
provided by the center to line personnel, supervisors, and
investigators in the following fields: law enforcement, district
attorneys' offices, the Department of Corrections and Rehabilitation,
probation departments, court mediation services, and the judiciary.
The Corrections Standards Authority shall provide for the
presentation of training to peace officers which will enable them to
more efficiently handle, on the local level, the tracing of missing
persons and victims of violent crimes.



14205. (a) All local police and sheriffs' departments shall accept
any report, including any telephonic report, of a missing person,
including runaways, without delay and shall give priority to the
handling of these reports over the handling of reports relating to
crimes involving property. In cases where the person making a report
of a missing person or runaway, contacts, including by telephone,
the California Highway Patrol, the California Highway Patrol may take
the report, and shall immediately advise the person making the
report of the name and telephone number of the police or sheriff's
department having jurisdiction of the residence address of the
missing person and of the name and telephone number of the police or
sheriff's department having jurisdiction of the place where the
person was last seen. In cases of reports involving missing persons,
including, but not limited to, runaways, the local police or sheriff'
s department shall immediately take the report and make an assessment
of reasonable steps to be taken to locate the person. If the
missing person is under 16 years of age, or there is evidence that
the person is at risk, the department shall broadcast a "Be On the
Look-Out" bulletin, without delay, within its jurisdiction.
(b) If the person reported missing is under 16 years of age, or if
there is evidence that the person is at risk, the local police,
sheriff's department, or the California Highway Patrol shall submit
the report to the Attorney General's office within four hours after
accepting the report. After the California Law Enforcement
Telecommunications System online missing person registry becomes
operational, the reports shall be submitted, within four hours after
accepting the report, to the Attorney General's office through the
use of the California Telecommunications System.
(c) In cases where the report is taken by a department, other than
that of the city or county of residence of the missing person or
runaway, the department, or division of the California Highway Patrol
taking the report shall, without delay, and, in the case of children
under 16 years of age or where there was evidence that the missing
person was at risk, within no more than 24 hours, notify, and forward
a copy of the report to the police or sheriff's department or
departments having jurisdiction of the residence address of the
missing person or runaway and of the place where the person was last
seen. The report shall also be submitted by the department or
division of the California Highway Patrol which took the report to
the center.
(d) The requirements imposed by this section on local police and
sheriff's departments shall not be operative if the governing body of
that local agency, by a majority vote of the members of that body,
adopts a resolution expressly making those requirements inoperative.



14206. (a) (1) When any person makes a report of a missing person
to a police department, sheriff's department, district attorney's
office, California Highway Patrol, or other law enforcement agency,
the report shall be given in person or by mail in a format acceptable
to the Attorney General. That form shall include a statement
authorizing the release of the dental or skeletal X-rays, or both, of
the person reported missing and authorizing the release of a recent
photograph of a person reported missing who is under 18 years of age.
Included with the form shall be instructions which state that if
the person reported missing is still missing 30 days after the report
is made, the release form signed by a member of the family or next
of kin of the missing person shall be taken by the family member or
next of kin to the dentist, physician and surgeon, or medical
facility in order to obtain the release of the dental or skeletal
X-rays, or both, of that person or may be taken by a peace officer,
if others fail to take action, to secure those X-rays.
Notwithstanding any other provision of law, dental or skeletal
X-rays, or both, shall be released by the dentist, physician and
surgeon, or medical facility to the person presenting the request and
shall be submitted within 10 days by that person to the police or
sheriff's department or other law enforcement agency having
jurisdiction over the investigation. When the person reported
missing has not been found within 30 days and no family or next of
kin exists or can be located, the law enforcement agency may execute
a written declaration, stating that an active investigation seeking
the location of the missing person is being conducted, and that the
dental or skeletal X-rays, or both, are necessary for the exclusive
purpose of furthering the investigation. Notwithstanding any other
provision of law, the written declaration, signed by a peace officer,
is sufficient authority for the dentist, physician and surgeon, or
medical facility to release the missing person's dental or skeletal
X-rays, or both.
(2) The form provided under this subdivision shall also state that
if the person reported missing is under 18 years of age, the
completed form shall be taken to the dentist, physician and surgeon,
or medical facility immediately when the law enforcement agency
determines that the disappearance involves evidence that the person
is at risk or when the law enforcement agency determines that the
person missing is under 16 years of age and has been missing at least
14 days. The form shall further provide that the dental or skeletal
X-rays, or both, and a recent photograph of the missing child shall
be submitted immediately to the law enforcement agency. Whenever
authorized under this subdivision to execute a written declaration to
obtain the release of dental or skeletal X-rays, or both, is
provided, the investigating law enforcement agency may obtain those
X-rays when a person reported missing is under 18 years of age and
the law enforcement agency determines that the disappearance involves
evidence that the person is at risk. In each case, the law
enforcement agency may confer immediately with the coroner or medical
examiners and may submit its report including the dental or skeletal
X-rays, or both, within 24 hours thereafter to the Attorney General.
The Attorney General's office shall code and enter the dental or
skeletal X-rays, or both, into the center.
(b) When a person reported missing has not been found within 45
days, the sheriff, chief of police, or other law enforcement agency
conducting the investigation for the missing person may confer with
the coroner or medical examiner prior to the preparation of a missing
person report. The coroner or medical examiner shall cooperate with
the law enforcement agency. After conferring with the coroner or
medical examiner, the sheriff, chief of police, or other law
enforcement agency initiating and conducting the investigation for
the missing person may submit a missing person report and the dental
or skeletal X-rays, or both, and photograph received pursuant to
subdivision (a) to the Attorney General's office in a format
acceptable to the Attorney General.
(c) Nothing in this section prohibits a parent or guardian of a
child, reported to a law enforcement agency as missing, from
voluntarily submitting fingerprints, and other documents, to the law
enforcement agency accepting the report for inclusion in the report
which is submitted to the Attorney General.
(d) The requirements imposed by this section on local police and
sheriff's departments shall not be operative if the governing body of
that local agency, by a majority vote of the members of that body,
adopts a resolution expressly making those requirements inoperative.




14207. (a) When a person reported missing has been found, the
sheriff, chief of police, coroner or medical examiner, or the law
enforcement agency locating the missing person shall immediately
report that information to the Attorney General's office.
(b) When a child under 12 years of age or a missing person, where
there was evidence that the person was at risk, is found, the report
indicating that the person is found shall be made not later than 24
hours after the person is found. A report shall also be made to the
law enforcement agency that made the initial missing person report.
The Attorney General's office shall then notify the National Crime
Information Center that the missing person has been found.
(c) In the event that a missing person is found alive or dead in
less than 24 hours and the local police or sheriff's department has
reason to believe that the person had been abducted, the department
shall submit a report to the center in a format established by the
Attorney General. In the event that a missing person has been found
before he or she has been reported missing to the center, the
information related to the incident shall be submitted to the center.



14208. (a) The Department of Justice shall operate a statewide,
toll-free telephone hotline 24 hours per day, seven days per week to
receive information regarding missing children and dependent adults
and relay this information to the appropriate law enforcement
authorities.
(b) The Department of Justice shall select up to six children per
month from the missing children registry maintained pursuant to
former Section 11114 or pursuant to the system maintained pursuant to
Sections 14201 and 14202 and shall produce posters with photographs
and information regarding these children, including the missing
children hotline telephone number and reward information. The
department shall make these posters available to parties as
prescribed and as the department deems appropriate.



14209. (a) The Department of Justice shall provide appropriate
local reporting agencies with a list of persons still listed as
missing who are under 18 years of age, with an appropriate waiver
form in order to assist the reporting agency in obtaining a
photograph of each of the missing children.
(b) Local reporting agencies shall attempt to obtain the most
recent photograph available for persons still listed as missing and
forward those photographs to the Department of Justice.
(c) The department shall include these photographs, as they become
available, in the quarterly bulletins pursuant to subdivision (c)
of Section 14201.
(d) State and local elected officials, agencies, departments,
boards, and commissions may enclose in their mailings information
regarding missing children or dependent adults obtainable from the
Department of Justice or any organization that is recognized as a
nonprofit, tax-exempt organization under state or federal law and
that has an ongoing missing children program. Elected officials,
agency secretaries, and directors of departments, boards, and
commissions are urged to develop policies to enclose missing children
or dependent adults information in mailings when it will not
increase postage costs, and is otherwise deemed appropriate.




14210. (a) The Legislature finds and declares that it is the duty
of all law enforcement agencies to immediately assist any person who
is attempting to make a report of a missing person or runaway.
(b) The Department of the California Highway Patrol shall continue
to implement the written policy, required to be developed and
adopted pursuant to former Section 11114.3, for the coordination of
each of its divisions with the police and sheriffs' departments
located within each division in taking, transmitting, and
investigating reports of missing persons, including runaways.



14213. (a) As used in this title, "missing person" includes, but is
not limited to, a child who has been taken, detained, concealed,
enticed away, or retained by a parent in violation of Chapter 4
(commencing with Section 277) of Title 9 of Part 1. It also includes
any child who is missing voluntarily or involuntarily, or under
circumstances not conforming to his or her ordinary habits or
behavior and who may be in need of assistance.
(b) As used in this title, "evidence that the person is at risk"
includes, but is not limited to, evidence or indications of any of
the following:
(1) The person missing is the victim of a crime or foul play.
(2) The person missing is in need of medical attention.
(3) The person missing has no pattern of running away or
disappearing.
(4) The person missing may be the victim of parental abduction.
(5) The person missing is mentally impaired.
(c) As used in this title, "child" is any person under the age of
18.
(d) As used in this title, "center" means the Violent Crime
Information Center.
(e) As used in this title, "dependent adult" is any person
described in subdivision (e) of Section 368.
(f) As used in this title, "dental or medical records or X-rays,"
include all those records or X-rays which are in the possession of a
dentist, physician and surgeon, or medical facility.

[هيثم الفقى]

14250. (a) (1) The Department of Justice shall develop a DNA data
base for all cases involving the report of an unidentified deceased
person or a high-risk missing person.
(2) The data base required in paragraph (1) shall be comprised of
DNA data from genetic markers that are appropriate for human
identification, but have no capability to predict biological function
other than gender. These markers shall be selected by the
department and may change as the technology for DNA typing
progresses. The results of DNA typing shall be compatible with and
uploaded into the CODIS DNA data base established by the Federal
Bureau of Investigation. The sole purpose of this data base shall be
to identify missing persons and shall be kept separate from the data
base established under Chapter 6 (commencing with Section 295) of
Title 9 of Part 1.
(3) The Department of Justice shall compare DNA samples taken from
the remains of unidentified deceased persons with DNA samples taken
from personal articles belonging to the missing person, or from the
parents or appropriate relatives of high-risk missing persons.
(4) For the purpose of this data base, "high-risk missing person"
means a person missing as a result of a stranger abduction, a person
missing under suspicious circumstances, a person missing under
unknown circumstances, or where there is reason to assume that the
person is in danger, or deceased, and that person has been missing
more than 30 days, or less than 30 days in the discretion of the
investigating agency.
(b) The department shall develop standards and guidelines for the
preservation and storage of DNA samples. Any agency that is required
to collect samples from unidentified remains for DNA testing shall
follow these standards and guidelines. These guidelines shall
address all scientific methods used for the identification of
remains, including DNA, anthropology, odontology, and fingerprints.
(c) (1) A coroner shall collect samples for DNA testing from the
remains of all unidentified persons and shall send those samples to
the Department of Justice for DNA testing and inclusion in the DNA
data bank. After the department has taken a sample from the remains
for DNA analysis and analyzed it, the remaining evidence shall be
returned to the appropriate local coroner.
(2) After a report has been made of a person missing under
high-risk circumstances, the responsible investigating law
enforcement agency shall inform the parents or other appropriate
relatives that they may give a voluntary sample for DNA testing or
may collect a DNA sample from a personal article belonging to the
missing person if available. The samples shall be taken by the
appropriate law enforcement agency in a manner prescribed by the
Department of Justice. The responsible investigating law enforcement
agency shall wait no longer than 30 days after a report has been
made to inform the parents or other relatives of their right to give
a sample.
(3) The Department of Justice shall develop a standard release
form that authorizes a mother, father, or other relative to
voluntarily provide the sample. The release shall explain that DNA
is to be used only for the purpose of identifying the missing person
and that the DNA sample and profile will be destroyed upon request.
No incentive or coercion shall be used to compel a parent or relative
to provide a sample.
(4) The Department of Justice shall develop a model kit that law
enforcement shall use when taking samples from parents and relatives.

(5) Before submitting the sample to the department for analysis,
law enforcement shall reverify the status of the missing person.
After 30 days has elapsed from the date the report was filed, law
enforcement shall send the sample to the department for DNA testing
and inclusion in the DNA data base, with a copy of the crime report,
and any supplemental information.
(6) All retained samples and DNA extracted from a living person,
and profiles developed therefrom, shall be used solely for the
purpose of identification of the deceased's remains. All samples and
DNA extracted from a living person, and profiles developed
therefrom, shall be destroyed after a positive identification with
the deceased's remains is made and a report is issued, unless any of
the following has occurred:
(A) The coroner has made a report to a law enforcement agency
pursuant to Section 27491.1 of the Government Code, that he or she
has a reasonable ground to suspect that the identified person's death
has been occasioned by another by criminal means.
(B) A law enforcement agency makes a determination that the
identified person's death has been occasioned by another by criminal
means.
(C) The evidence is needed in an active criminal investigation to
determine whether the identified person's death has been occasioned
by another by criminal means.
(D) A governmental entity is required to retain the material
pursuant to Section 1417.9.
(7) Notwithstanding any other provisions of this section, upon the
request of any living person who submits his or her DNA sample and
profile pursuant to this section, including the parent or guardian of
a child who submits a DNA sample of the child, the DNA sample shall
be removed from the DNA data base.
(d) All DNA samples and profiles developed therefrom shall be
confidential and shall only be disclosed to personnel of the
Department of Justice, law enforcement officers, coroners, medical
examiners, district attorneys, and persons who need access to a DNA
sample for purposes of the prosecution or defense of a criminal case,
except that a law enforcement officer or agency may publicly
disclose the fact of a DNA profile match after taking reasonable
measures to first notify the family of an unidentified deceased
person or the family of a high-risk missing person that there has
been an identification.
(e) All DNA, forensic identification profiles, and other
identification information retained by the Department of Justice
pursuant to this section are exempt from any law requiring disclosure
of information to the public.
(f) (1) Any person who knowingly discloses DNA or other forensic
identification information developed pursuant to this section to an
unauthorized individual or agency, or for any purpose other than for
identification or for use in a criminal investigation, prosecution,
or defense, is guilty of a misdemeanor.
(2) A person who collects, processes, or stores DNA or DNA samples
from a living person that are used for DNA testing pursuant to this
section who does either of the following is liable in civil damages
to the donor of the DNA in the amount of five thousand dollars
($5,000) for each violation, plus attorney's fees and costs:
(A) Fails to destroy samples or DNA extracted from a living person
pursuant to paragraph (6) of subdivision (c).
(B) Discloses DNA samples in violation of subdivision (d).
(g) (1) If a disclosure or failure to destroy samples described in
paragraph (2) of subdivision (f) is made by an employee of the
Department of Justice, the department shall be liable for those
actions of its employee.
(2) Notwithstanding any other law, the remedy in this section
shall be the sole and exclusive remedy against the department and its
employees available to the donor of the DNA against the department
and its employees.
(3) The department employee disclosing DNA or other forensic
identification information or otherwise violating this section shall
be absolutely immune from civil liability under this or any other
law.
(h) It is not an unauthorized disclosure or violation of this
section to release DNA and other forensic identification information
as part of a judicial or administrative proceeding, to a jury or
grand jury, or in a document filed with a court or administrative
agency, or for this information to become part of the public
transcript or record of proceedings.
(i) In order to maintain computer system security, the computer
software and data base structures used by the DNA laboratory of the
Department of Justice to implement this chapter are confidential.



14251. (a) The "Missing Persons DNA Data Base" shall be funded by a
two dollar ($2) fee increase on death certificates issued by a local
government agency or by the State of California. The issuing
agencies may retain up to 5 percent of the funds from the fee
increase for administrative costs. This fee shall remain in effect
only until January 1, 2010.
(b) Funds shall be directed on a quarterly basis to the "Missing
Persons DNA Data Base Fund," hereby established, to be administered
by the department for establishing and maintaining laboratory
infrastructure, DNA sample storage, DNA analysis, and labor costs for
cases of missing persons and unidentified remains. Funds may also be
distributed by the department to various counties for the purposes
of pathology and exhumation consistent with this title. The
department may also use those funds to publicize the database for the
purpose of contacting parents and relatives so that they may provide
a DNA sample for training law enforcement officials about the
database and DNA sampling and for outreach.
(c) The department shall create an advisory committee, comprised
of coroners and appropriate law enforcement officials, and interested
stakeholders to prioritize the identification of the backlog of
unidentified remains. The identification of the backlog may be
outsourced to other laboratories at the department's discretion.
(d) (1) The death certificate fee increase shall begin and funds
shall be directed to the Missing Persons DNA Data Base Fund beginning
January 1, 2001. Funding for year one shall be used to develop the
database and laboratory infrastructure, and to establish Department
of Justice protocols and personnel.
(2) The Department of Justice shall begin case analysis in 2002.
The Department of Justice shall retain the authority to prioritize
case analysis, giving priority to those cases involving children.
(3) If federal funding is made available, it shall be used to
assist in the identification of the backlog of high-risk missing
person cases and long-term unidentified remains.

[هيثم الفقى]

GENERAL PROVISIONS


14300. (a) The Legislature finds and declares all of the following:

(1) The enforcement of California's environmental laws is
essential to protect human health, the environment, and the state's
economy.
(2) Fair and uniform enforcement of laws and regulations governing
the environment benefits law abiding businesses, firms, and
individuals.
(3) There is a need to better integrate enforcement of
environmental laws into California's established criminal justice
system.
(4) Local and state enforcement agencies can play an increasingly
important role in protecting human health, the environment, and the
state's economy through greater involvement in the enforcement of
environmental laws.
(5) Prosecuting violators of environmental laws often requires
special training to detect violations, understand complex laws, and
prepare and present complicated enforcement cases.
(6) There is a need to support programs that assist local and
state enforcement officials in prosecuting violations of
environmental laws through the training of peace officers,
investigators, firefighters, public prosecutors, and state and local
environmental regulators.
(7) Fair and uniform enforcement of environmental laws is
multidisciplinary and involves law enforcement, fire departments,
state and local environmental regulators, and the offices of local
and state public prosecutors.
(b) For purposes of this title, the following definitions shall
apply:
(1) "Account" means the Environmental Enforcement and Training
Account created pursuant to Section 14303.
(2) "Commission" means the Commission on Peace Officer Standards
and Training.
(3) "Agency" means the California Environmental Protection Agency.

(4) "Secretary" means the Agency Secretary for the California
Environmental Protection Agency or his or her designee.
(5) "Environmental laws" means state and federal environmental
laws and regulations that impact public health and the environment,
including, but not limited to, those that regulate toxic and
carcinogenic materials, water quality, air quality, waste management,
pesticides, and wildlife resources.
(6) "Public prosecutor" means district attorneys, city attorneys,
city prosecutors, county counsels, and the Attorney General and his
or her deputies.
(7) "Environmental regulator" means an employee of any state or
local agency whose jurisdiction includes implementation, enforcement,
or both implementation and enforcement of environmental laws.
(8) "Environmental enforcement" means the enforcement of
environmental laws.
(c) This title shall be known and may be cited as the
Environmental Enforcement and Training Act of 2002.
(d) It is the intent of the Legislature that the funds to
implement this title, as specified in Section 14314, come from public
and private contributions, and from the proceeds from any
contributed state or federal court judgments, and that no funds be
expended from the General Fund, other than from the Environmental
Enforcement and Training Account, or other funds appropriated to, or
authorized for expenditure by, the agency, to implement this title.
It is the intent of the Legislature that the funds to implement this
title shall be expended only from the account. It is the intent of
the Legislature that funding provided from the account shall
supplement, not supplant existing funding.



14301. (a) There is hereby established in the agency, a program of
financial assistance to do all of the following:
(1) Provide for statewide education and training programs in the
enforcement of environmental laws for peace officers, investigators,
state and local environmental regulators, and public prosecutors.
(2) Establish enhanced local environmental enforcement efforts.
(3) All funds made available to the agency for the purposes of
this title shall be administered and distributed by the secretary.
(b) Not later than 12 months after the date when this title may be
implemented, as specified in Section 14314, the secretary shall
prepare and issue regulations, which shall, at a minimum, describe
how grants are to be allocated or awarded pursuant to this title, the
procedures for applying for these grants, the criteria to be used in
determining which applications will be funded, and the
administrative and fiscal requirements governing the receipt and
expenditure of these grants.
(c) The secretary shall allocate and award funds to public
agencies or private nonprofit organizations for purposes of
supporting statewide environmental enforcement education and training
programs for peace officers, investigators, state and local
environmental regulators, and public prosecutors pursuant to Chapter
2 (commencing with Section 14304) and Chapter 3 (commencing with
Section 14306), which meet the criteria established pursuant to those
chapters. To ensure that these programs are coordinated with
existing peace officer training, the commission shall be consulted
prior to the allocation of funds to peace officer education and
training programs.
(d) The secretary shall allocate and award funds to support the
Environmental Circuit Prosecutor Project pursuant to Chapter 4
(commencing with Section 14309) for the purpose of improving
enforcement of environmental laws by enhancing the investigation and
prosecution of violations of those laws.



14303. (a) There is hereby created, in the General Fund, the
Environmental Enforcement and Training Account and up to two million
dollars ($2,000,000) in the account may be expended annually by the
agency, upon appropriation by the Legislature, for the purposes of
this title.
(b) The agency may accept and receive any contribution of funds
from a public or private organization or an individual, including the
proceeds from a judgment in state or federal court, when the funds
are contributed or the judgment specifies that the proceeds are to be
used to carry out the purposes of this title. Private contributors
shall not have the authority to further influence or direct the use
of their contributions.
(c) The agency shall immediately deposit any funds contributed
pursuant to subdivision (b) in the account.
(d) As of January 1, 2003, all unallocated funds in the Hazardous
Materials Enforcement and Training Account created pursuant to
Chapter 743 of the Statutes of 1992 that derive from court judgments
specifying that the funds may be used only for purposes of this title
shall be transferred to the Environmental Enforcement and Training
Account.

[هيثم الفقى]

14304. (a) The commission shall develop or review and certify, not
later than 12 months after the date when this title may be
implemented, as specified in Section 14314, a course or courses of
instruction for training local and state peace officers in the
detection of violations, and in the apprehension of suspected
violators, of state and local environmental laws.
(b) The course or courses of instruction shall, at a minimum,
include training on all of the following:
(1) Understanding environmental laws.
(2) Detecting violations of environmental laws.
(3) Knowing steps to take when violations are discovered in order
to protect public health and facilitate prosecution of violators.

[هيثم الفقى]

14306. (a) The secretary shall provide funding to the California
District Attorneys' Association to develop and implement, not later
than 12 months after the receipt of funds, a course or courses of
instruction for the training of public prosecutors in the enforcement
of state and local environmental laws.
(b) The course or courses of instruction shall, at a minimum, do
all of the following:
(1) Provide an understanding of the requirements of environmental
laws.
(2) Teach prosecution techniques that will facilitate prosecution
of environmental law violations.
(3) Provide environmental enforcement training materials.




14307. (a) The secretary shall provide funding to the California
District Attorneys' Association to develop and implement, not later
than 12 months after the receipt of funds, a course or courses of
instruction for the training of investigators from the offices of
public prosecutors, fire departments, and state and local
environmental regulators.
(b) With the concurrence of the commission, peace officers may
participate in the course or courses of training.
(c) The course or courses of instruction shall, at a minimum, do
all of the following:
(1) Provide an understanding of the requirements of environmental
laws.
(2) Teach enforcement investigative techniques that will
facilitate the prosecution of environmental law violations.
(3) Provide environmental enforcement training materials.




14308. (a) The secretary may award grants to public and private
entities for training public prosecutors, peace officers,
firefighters, and state or local environmental regulators in the
investigation and enforcement of environmental laws.
(b) The secretary may award local assistance grants to local
environmental regulators for the enforcement of environmental laws.

[هيثم الفقى]

14309. (a) The Environmental Circuit Prosecutor Project, a
cooperative project of the California Environmental Protection Agency
and the California District Attorneys Association, is hereby
established.
(b) The Environmental Circuit Prosecutor Project shall have the
following purposes:
(1) Discourage the commission of violations of environmental laws
by demonstrating the effective response of the criminal justice
system to these violations, including, but not limited to, assisting
district attorneys, particularly in rural counties, in the
prosecution of criminal violations of environmental laws and
regulations, where a district attorney has requested assistance.
(2) Establish model environmental crime prevention, enforcement,
and prosecution techniques with statewide application for fair,
uniform, and effective application.
(3) Increase the awareness and effectiveness of efforts to enforce
environmental laws and to better integrate environmental prosecution
into California's established criminal justice system by providing
on the job education and training to local peace officers and
prosecutors and to local and state environmental regulators.
(4) Promote, through uniform and effective prosecution and local
assistance, the effective enforcement of environmental laws and
regulations.
(c) (1) The secretary shall award project grants and administer
funding from the account to the California District Attorneys
Association for the purpose of providing for the day-to-day
operations of the project.
(2) The award may only be used to fund the costs of prosecutors,
investigators, and research attorney staff, including salary,
benefits, and expenses.
(3) Circuit prosecutor project employees may be either employees
of the California District Attorneys Association or employees on loan
from local, state, or federal governmental agencies.
(d) (1) A district attorney may request the assistance of a
circuit prosecutor from the Environmental Circuit Prosecutor Project
for any of the following purposes:
(A) Assistance with the investigation and development of
environmental cases.
(B) Consultation concerning whether an environmental case merits
filing.
(C) Litigation support, including, but not limited to, the actual
prosecution of the case. A district attorney shall, as appropriate,
deputize a circuit prosecutor to prosecute cases within his or her
jurisdiction.
(2) The authority of a deputized circuit prosecutor shall be
consistent with and shall not exceed the authority of the elected
district attorney or his or her deputies.
(3) Violations of city or county ordinances may be prosecuted by
circuit prosecutors when there is an environmental nexus between the
ordinance and a violation of state law, federal law, or both state
and federal law.
(4) Participating district attorney offices shall provide matching
funds or in-kind contributions equivalent to, but not less than, 20
percent of the expense of the deputized environmental circuit
prosecutor.

IMPLEMENTATION AND FUNDING PRIORITIES


14314. Notwithstanding any other provision of this title, the
agency shall not implement this title until there is an amount of one
hundred thousand dollars ($100,000) in the account.
Funds in the account shall be divided as follows:
(a) Twenty-five percent or one hundred thousand dollars ($100,000)
to the commission, whichever is less.
(b) Twenty-five percent to the secretary for allocation to the
Environmental Circuit Prosecutor Project pursuant to Chapter 4
(commencing with Section 14309).
(c) Twenty-five percent to the secretary for allocation to the
California District Attorneys Association for training and assistance
pursuant to Chapter 3 (commencing with Section 14306).
(d) (1) The balance to the secretary for grants awarded to
programs pursuant to Chapter 3 (commencing with Section 14306) or
Chapter 4 (commencing with Section 14309) based on need or in order
to sustain the current level of presence and enforcement for those
programs.
(2) Notwithstanding paragraph (1), the commission may also seek
additional funding from the money allocated in this subdivision based
on need if the environmental law enforcement training is mandated or
if there are substantial changes in the law that require the
commission to revise its environmental law courses.
(e) The secretary shall develop an application process for
awarding funds to programs pursuant to subdivisions (b), (c), and
(d).


14315. Not later than 36 months after the date when this title may
be implemented, as specified in Section 14314, the secretary shall
post on the agency's Web site, updated no later than July 1,
annually, a description of the operation and accomplishments of the
training programs and the environmental enforcement and prosecution
projects funded by this title. The commission shall prepare the
section of the report pertaining to the course of instruction
authorized in Section 14304 and submit it to the secretary for
inclusion in the report.

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15001. (a) The construction of a memorial to California peace
officers on the grounds of the State Capitol is hereby authorized.
For purposes of this part, the grounds of the State Capitol are that
property in the City of Sacramento bounded by Ninth, Fifteenth, "L,"
and "N" Streets. The actual site for the memorial shall be selected
by the commission after consultation with the Department of General
Services and the State Office of Historic Preservation.
(b) Funds for the construction of the memorial shall be provided
through private contributions for this purpose.



15003. Peace officer memorial ceremonies, including the dedication
of the memorial and any subsequent ceremonies, shall be conducted by
the California Peace Officers Memorial Foundation.

[شاهيناز]

Thanx very much