"u.s.a"california penal code

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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.
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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.
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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.
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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.
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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.

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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.
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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
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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.
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*** 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.
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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.

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