"u.s.a"california penal code

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PURCHASE OF CORRECTIONAL INDUSTRY PRODUCTS
FOR CORRECTIONAL, JUVENILE, AND YOUTH
FACILITIES
4497.50. In order to be eligible to receive funds derived from the
issuance of General Obligation Bonds under the County Correctional
Facility Capital Expenditure and Youth Facility Bond Act of 1988, a
county or city and county shall do all the following:
(a) In the design and planning of facilities whose construction,
reconstruction, or remodeling is financed under the County
Correctional Facility Capital Expenditure and Youth Facility Bond Act
of 1988, products for construction, renovation, equipment, and
furnishings produced and sold by the Prison Industry Authority or
local jail industry programs shall be utilized in the plans and
specifications unless the county or city and county demonstrates
either of the following to the satisfaction of the Board of
Corrections or the Department of the Youth Authority:
(1) The products cannot be produced and delivered without causing
delay to the construction of the property.
(2) The products are not suitable for the facility or
competitively priced and cannot otherwise be reasonably adapted.
(b) Counties and cities and counties shall consult with the staff
of the Prison Industry Authority or local jail industry program to
develop new products and adapt existing products to their needs.
(c) The Board of Corrections or the Department of the Youth
Authority shall not enter into any contract with any county or city
and county until that county's or city and county's plan for purchase
from and consultation with the Prison Industry Authority or local
jail industry program is reviewed and approved by the Board of
Corrections or the Department of the Youth Authority.



4497.52. Notwithstanding any other provision of law, a county or
city and county may contract for the purchase of products as
specified in Section 4497.50 with the Prison Industry Authority or
local jail industry program without the formality of obtaining bids
or otherwise complying with provisions of the Public Contract Code.




4497.54. The Prison Industry Authority shall designate an
individual as County Jail and Juvenile Facility Liaison who shall
work with counties to maximize the utilization of Prison Industry
Authority products for construction, renovation, equipment, and
furnishing, to ensure that manufactured products meet the contract
specifications and delivery dates, and to assure consultation with
counties for development of new products and adaption of existing
products to meet their needs.



4497.56. It is the intent of the Legislature to maximize the
utilization of Prison Industry Authority products for jail
construction, renovation, equipment, and furnishings to ensure that
prisoners work productively and contribute to reducing the cost to
the taxpayers of their incarceration.

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OFFENSES RELATING TO PRISONS AND PRISONERS
OFFENSES BY PRISONERS


4500. Every person while undergoing a life sentence, who is
sentenced to state prison within this state, and who, with malice
aforethought, commits an assault upon the person of another with a
deadly weapon or instrument, or by any means of force likely to
produce great bodily injury is punishable with death or life
imprisonment without possibility of parole. The penalty shall be
determined pursuant to the provisions of Sections 190.3 and 190.4;
however, in cases in which the person subjected to such assault does
not die within a year and a day after such assault as a proximate
result thereof, the punishment shall be imprisonment in the state
prison for life without the possibility of parole for nine years.
For the purpose of computing the days elapsed between the
commission of the assault and the death of the person assaulted, the
whole of the day on which the assault was committed shall be counted
as the first day.
Nothing in this section shall be construed to prohibit the
application of this section when the assault was committed outside
the walls of any prison if the person committing the assault was
undergoing a life sentence and was serving a sentence to a state
prison at the time of the commission of the assault and was not on
parole, on probation, or released on bail pending an appeal.



4501. Except as provided in Section 4500, every person confined in
a state prison of this state who commits an assault upon the person
of another with a deadly weapon or instrument, or by any means of
force likely to produce great bodily injury, shall be guilty of a
felony and shall be imprisoned in the state prison for two, four, or
six years to be served consecutively.



4501.1. (a) Every person confined in the state prison who commits a
battery by gassing upon the person of any peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or
employee of the state prison is guilty of aggravated battery and
shall be punished by imprisonment in a county jail or by imprisonment
in the state prison for two, three, or four years. Every state
prison inmate convicted of a felony under this section shall serve
his or her term of imprisonment as prescribed in Section 4501.5.
(b) For purposes of this section, "gassing" means intentionally
placing or throwing, or causing to be placed or thrown, upon the
person of another, any human excrement or other bodily fluids or
bodily substances or any mixture containing human excrement or other
bodily fluids or bodily substances that results in actual contact
with the person's skin or membranes.
(c) The warden or other person in charge of the state prison shall
use every available means to immediately investigate all reported or
suspected violations of subdivision (a), including, but not limited
to, the use of forensically acceptable means of preserving and
testing the suspected gassing substance to confirm the presence of
human excrement or other bodily fluids or bodily substances. If
there is probable cause to believe that the inmate has violated
subdivision (a), the chief medical officer of the state prison or his
or her designee, may, when he or she deems it medically necessary to
protect the health of an officer or employee who may have been
subject to a violation of this section, order the inmate to receive
an examination or test for hepatitis or tuberculosis or both
hepatitis and tuberculosis on either a voluntary or involuntary basis
immediately after the event, and periodically thereafter as
determined to be necessary by the medical officer in order to ensure
that further hepatitis or tuberculosis transmission does not occur.
These decisions shall be consistent with an occupational exposure as
defined by the Center for Disease Control and Prevention. The
results of any examination or test shall be provided to the officer
or employee who has been subject to a reported or suspected violation
of this section. Nothing in this subdivision shall be construed to
otherwise supersede the operation of Title 8 (commencing with Section
7500). Any person performing tests, transmitting test results, or
disclosing information pursuant to this section shall be immune from
civil liability for any action taken in accordance with this section.

(d) The warden or other person in charge of the state prison shall
refer all reports for which there is probable cause to believe that
the inmate has violated subdivision (a) to the local district
attorney for prosecution.
(e) The Department of Corrections shall report to the Legislature,
by January 1, 2000, its findings and recommendations on gassing
incidents at the state prison and the medical testing authorized by
this section. The report shall include, but not be limited to, all
of the following:
(1) The total number of gassing incidents at each state prison
facility up to the date of the report.
(2) The disposition of each gassing incident, including the
administrative penalties imposed, the number of incidents that are
prosecuted, and the results of those prosecutions, including any
penalties imposed.
(3) A profile of the inmates who commit the aggravated batteries,
including the number of inmates who have one or more prior serious or
violent felony convictions.
(4) Efforts that the department has taken to limit these
incidents, including staff training and the use of protective
clothing and goggles.
(5) The results and costs of the medical testing authorized by
this section.
(f) Nothing in this section shall preclude prosecution under both
this section and any other provision of law.



4501.5. Every person confined in a state prison of this state who
commits a battery upon the person of any individual who is not
himself a person confined therein shall be guilty of a felony and
shall be imprisoned in the state prison for two, three, or four
years, to be served consecutively.



4502. (a) Every person who, while at or confined in any penal
institution, while being conveyed to or from any penal institution,
or while under the custody of officials, officers, or employees of
any penal institution, possesses or carries upon his or her person or
has under his or her custody or control any instrument or weapon of
the kind commonly known as a blackjack, slungshot, billy, sandclub,
sandbag, or metal knuckles, any explosive substance, or fixed
ammunition, any dirk or dagger or sharp instrument, any pistol,
revolver, or other firearm, or any tear gas or tear gas weapon, is
guilty of a felony and shall be punished by imprisonment in the state
prison for two, three, or four years, to be served consecutively.
(b) Every person who, while at or confined in any penal
institution, while being conveyed to or from any penal institution,
or while under the custody of officials, officers, or employees of
any penal institution, manufactures or attempts to manufacture any
instrument or weapon of the kind commonly known as a blackjack,
slungshot, billy, sandclub, sandbag, or metal knuckles, any explosive
substance, or fixed ammunition, any dirk or dagger or sharp
instrument, any pistol, revolver, or other firearm, or any tear gas
or tear gas weapon, is guilty of a felony and shall be punished by
imprisonment in the state prison for 16 months, or two or three
years, to be served consecutively.
(c) For purposes of this section, "penal institution" means the
state prison, a prison road camp, prison forestry camp, or other
prison camp or farm, or a county jail or county road camp.




4503. Any person confined therein who holds as hostage any person
within any prison or facility under the jurisdiction of the Director
of Corrections, or who by force or threat of force holds any person
or persons against their will in defiance of official orders within
any such prison or facility, shall be guilty of a felony and shall be
imprisoned in the state prison for three, five, or seven years to be
served consecutively.



4504. For purposes of this chapter:
(a) A person is deemed confined in a "state prison" if he is
confined in any of the prisons and institutions specified in Section
5003 by order made pursuant to law, including, but not limited to,
commitments to the Department of Corrections or the Department of the
Youth Authority, regardless of the purpose of such confinement and
regardless of the validity of the order directing such confinement,
until a judgment of a competent court setting aside such order
becomes final.
(b) A person is deemed "confined in" a prison although, at the
time of the offense, he is temporarily outside its walls or bounds
for the purpose of serving on a work detail or for the purpose of
confinement in a local correctional institution pending trial or for
any other purpose for which a prisoner may be allowed temporarily
outside the walls or bounds of the prison, but a prisoner who has
been released on parole is not deemed "confined in" a prison for
purposes of this chapter.
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ESCAPES AND RESCUES
Escapes
4530. (a) Every prisoner confined in a state prison who, by force
or violence, escapes or attempts to escape therefrom and every
prisoner committed to a state prison who, by force or violence,
escapes or attempts to escape while being conveyed to or from such
prison or any other state prison, or any prison road camp, prison
forestry camp, or other prison camp or prison farm or any other place
while under the custody of prison officials, officers or employees;
or who, by force or violence, escapes or attempts to escape from any
prison road camp, prison forestry camp, or other prison camp or
prison farm or other place while under the custody of prison
officials, officers or employees; or who, by force or violence,
escapes or attempts to escape while at work outside or away from
prison under custody of prison officials, officers, or employees, is
punishable by imprisonment in a state prison for a term of two, four,
or six years. The second term of imprisonment of a person convicted
under this subdivision shall commence from the time he would
otherwise have been discharged from prison. No additional probation
report shall be required with respect to such offense.
(b) Every prisoner who commits an escape or attempts an escape as
described in subdivision (a), without force or violence, is
punishable by imprisonment in the state prison for 16 months, or two
or three years to be served consecutively. No additional probation
report shall be required with respect to such offense.
(c) The willful failure of a prisoner who is employed or
continuing his education, or who is authorized to secure employment
or education, or who is temporarily released pursuant to Section
2690, 2910, or 6254, or Section 3306 of the Welfare and Institutions
Code, to return to the place of confinement not later than the
expiration of a period during which he or she is authorized to be
away from the place of confinement, is an escape from the place of
confinement punishable as provided in this section. A conviction of a
violation of this subdivision, not involving force or violence,
shall not be charged as a prior felony conviction in any subsequent
prosecution for a public offense.



4530.5. For the purposes of punishing escapes or attempts to escape
under Section 4530, a person is deemed confined in a "state prison"
if he is an adult prisoner confined in the Deuel Vocational
Institution.


4532. (a) (1) Every prisoner arrested and booked for, charged with,
or convicted of a misdemeanor, and every person committed under the
terms of Section 5654, 5656, or 5677 of the Welfare and Institutions
Code as an inebriate, who is confined in any county or city jail,
prison, industrial farm, or industrial road camp, is engaged on any
county road or other county work, is in the lawful custody of any
officer or person, is employed or continuing in his or her regular
educational program or authorized to secure employment or education
away from the place of confinement, pursuant to the Cobey Work
Furlough Law (Section 1208), is authorized for temporary release for
family emergencies or for purposes preparatory to his or her return
to the community pursuant to Section 4018.6, or is a participant in a
home detention program pursuant to Section 1203.016, and who
thereafter escapes or attempts to escape from the county or city
jail, prison, industrial farm, or industrial road camp or from the
custody of the officer or person in charge of him or her while
engaged in or going to or returning from the county work or from the
custody of any officer or person in whose lawful custody he or she
is, or from the place of confinement in a home detention program
pursuant to Section 1203.016, is guilty of a felony and, if the
escape or attempt to escape was not by force or violence, is
punishable by imprisonment in the state prison for a determinate term
of one year and one day, or in a county jail not exceeding one year.

(2) If the escape or attempt to escape described in paragraph (1)
is committed by force or violence, the person is guilty of a felony,
punishable by imprisonment in the state prison for two, four, or six
years to be served consecutively, or in a county jail not exceeding
one year. When the second term of imprisonment is to be served in a
county jail, it shall commence from the time the prisoner otherwise
would have been discharged from jail.
(3) A conviction of a violation of this subdivision, or a
violation of subdivision (b) involving a participant of a home
detention program pursuant to Section 1203.016, that is not committed
by force or violence, shall not be charged as a prior felony
conviction in any subsequent prosecution for a public offense.
(b) (1) Every prisoner arrested and booked for, charged with, or
convicted of a felony, and every person committed by order of the
juvenile court, who is confined in any county or city jail, prison,
industrial farm, or industrial road camp, is engaged on any county
road or other county work, is in the lawful custody of any officer or
person, or is confined pursuant to Section 4011.9, is a participant
in a home detention program pursuant to Section 1203.016, who escapes
or attempts to escape from a county or city jail, prison, industrial
farm, or industrial road camp or from the custody of the officer or
person in charge of him or her while engaged in or going to or
returning from the county work or from the custody of any officer or
person in whose lawful custody he or she is, or from confinement
pursuant to Section 4011.9, or from the place of confinement in a
home detention program pursuant to Section 1203.016, is guilty of a
felony and, if the escape or attempt to escape was not by force or
violence, is punishable by imprisonment in the state prison for 16
months, two years, or three years, to be served consecutively, or in
a county jail not exceeding one year.
(2) If the escape or attempt to escape described in paragraph (1)
is committed by force or violence, the person is guilty of a felony,
punishable by imprisonment in the state prison for a full term of
two, four, or six years to be served consecutively to any other term
of imprisonment, commencing from the time the person otherwise would
have been released from imprisonment and the term shall not be
subject to reduction pursuant to subdivision (a) of Section 1170.1,
or in a county jail for a consecutive term not to exceed one year,
that term to commence from the time the prisoner otherwise would have
been discharged from jail.
(c) (1) Except in unusual cases where the interests of justice
would best be served if the person is granted probation, probation
shall not be granted to any person who is convicted of a felony
offense under this section in that he or she escaped or attempted to
escape from a secure main jail facility, from a court building, or
while being transported between the court building and the jail
facility.
(2) In any case in which a person is convicted of a violation of
this section designated as a misdemeanor, he or she shall be confined
in a county jail for not less than 90 days nor more than one year
except in unusual cases where the interests of justice would best be
served by the granting of probation.
(3) For the purposes of this subdivision, "main jail facility"
means the facility used for the detention of persons pending
arraignment, after arraignment, during trial, and upon sentence or
commitment. The facility shall not include an industrial farm,
industrial road camp, work furlough facility, or any other nonsecure
facility used primarily for sentenced prisoners. As used in this
subdivision, "secure" means that the facility contains an outer
perimeter characterized by the use of physically restricting
construction, hardware, and procedures designed to eliminate ingress
and egress from the facility except through a closely supervised gate
or doorway.
(4) If the court grants probation under this subdivision, it shall
specify the reason or reasons for that order on the court record.
(5) Any sentence imposed under this subdivision shall be served
consecutive to any other sentence in effect or pending.
(d) The willful failure of a prisoner, whether convicted of a
felony or a misdemeanor, to return to his or her place of confinement
no later than the expiration of the period that he or she was
authorized to be away from that place of confinement, is an escape
from that place of confinement. This subdivision applies to a
prisoner who is employed or continuing in his or her regular
educational program, authorized to secure employment or education
pursuant to the Cobey Work Furlough Law (Section 1208), authorized
for temporary release for family emergencies or for purposes
preparatory to his or her return to the community pursuant to Section
4018.6, or permitted to participate in a home detention program
pursuant to Section 1203.016. A prisoner convicted of a misdemeanor
who willfully fails to return to his or her place of confinement
under this subdivision shall be punished as provided in paragraph (1)
of subdivision (a). A prisoner convicted of a felony who willfully
fails to return to his or her place of confinement shall be punished
as provided in paragraph (1) of subdivision (b).



4533. Every keeper of a prison, sheriff, deputy sheriff, or jailer,
or person employed as a guard, who fraudulently contrives, procures,
aids, connives at, or voluntarily permits the escape of any prisoner
in custody, is punishable by imprisonment in the state prison, and
fine not exceeding ten thousand dollars ($10,000).




4534. Any person who willfully assists any paroled prisoner whose
parole has been revoked, any escapee, any prisoner confined in any
prison or jail, or any person in the lawful custody of any officer or
person, to escape, or in an attempt to escape from such prison or
jail, or custody, is punishable as provided in Section 4533.




4535. Every person who carries or sends into a prison or jail
anything useful to aid a prisoner or inmate in making his escape,
with intent thereby to facilitate the escape of any prisoner or
inmate confined therein, is guilty of a felony.




4536. (a) Every person committed to a state hospital or other
public or private mental health facility as a mentally disordered ***
offender, who escapes from or who escapes while being conveyed to or
from such state hospital or other public or private mental health
facility, is punishable by imprisonment in the state prison or in the
county jail not to exceed one year. The term imposed pursuant to
this section shall be served consecutively to any other sentence or
commitment.
(b) The medical director or person in charge of a state hospital
or other public or private mental health facility to which a person
has been committed as a mentally disordered *** offender shall
promptly notify the chief of police of the city in which the hospital
or facility is located, or the sheriff of the county if the hospital
or facility is located in an unincorporated area, of the escape of
the person, and shall request the assistance of the chief of police
or sheriff in apprehending the person, and shall, within 48 hours of
the escape of the person, orally notify the court that made the
commitment, the prosecutor in the case, and the Department of Justice
of the escape.


4536.5. The medical director or person in charge of a state
hospital or other public or private mental health facility to which a
person has been committed under the provisions of Article 4
(commencing with Section 6600) of Chapter 2 of Part 2 of the Welfare
and Institutions Code, shall promptly notify the Department of
Corrections' ***ually Violent Predator Parole Coordinator, the chief
of police of the city in which the hospital or facility is located,
or the sheriff of the county if the hospital or facility is located
in an unincorporated area, of the escape of the person, and shall
request the assistance of the chief of police or sheriff in
apprehending the person, and shall, within 48 hours of the escape of
the person, orally notify the court that made the commitment, the
prosecutor in the case, and the Department of Justice of the escape.



4537. (a) The person in charge of any secure detention facility,
including, but not limited to, a prison, a juvenile hall, a county
jail, or any institution under the jurisdiction of the California
Youth Authority, shall promptly notify the chief of police of the
city in which the facility is located, or the sheriff of the county
if the facility is located in an unincorporated area, of an escape by
a person in its custody.
(b) The person in charge of any secure detention facility under
the jurisdiction of the Department of Corrections or the Department
of the Youth Authority shall release the name of, and any descriptive
information about, any person who has escaped from custody to other
law enforcement agencies, or to other persons if the release of the
information would be necessary to assist in recapturing the person or
to protect the public from substantial physical harm.
(c) In addition to the requirements of subdivisions (a) and (b),
in cases of escape by persons in the custody of the Department of
Corrections who have been convicted of a felony listed in subdivision
(c) of Section 667.5 or who have effected the escape by force or
violence as proscribed by subdivision (a) of Section 4530, prompt
notification shall be given to the newspapers of general circulation
within the county in which the escape occurred, and to television
stations regularly broadcasting news into and within the county,
accompanied by a photograph and description of the escapee.

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Rescues



4550. Every person who rescues or attempts to rescue, or aids
another person in rescuing or attempting to rescue any prisoner from
any prison, or prison road camp or any jail or county road camp, or
from any officer or person having him in lawful custody, is
punishable as follows:
1. If such prisoner was in custody upon a conviction of a felony
punishable with death: by imprisonment in the state prison for two,
three or four years;
2. If such prisoner was in custody otherwise than as specified in
subsection 1 hereof: by imprisonment in the state prison, or by
imprisonment in the county jail not to exceed one year.

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UNAUTHORIZED COMMUNICATIONS WITH PRISONS AND
PRISONERS


4570. Every person who, without the permission of the warden or
other officer in charge of any State prison, or prison road camp, or
prison forestry camp, or other prison camp or prison farm or any
other place where prisoners of the State prison are located under the
custody of prison officials, officers or employees, or any jail, or
any county road camp in this State, communicates with any prisoner or
person detained therein, or brings therein or takes therefrom any
letter, writing, literature, or reading matter to or from any
prisoner or person confined therein, is guilty of a misdemeanor.



4570.1. Every person who, without permission of the peace officer
or corrections officer in charge of any vehicle, bus, van or
automobile used for the transportation of prisoners, delivers a
written communication to any prisoner or person detained therein, or
being escorted to or from that vehicle, or takes from or gives to the
prisoner any item, is guilty of a misdemeanor.



4570.5. Every person who falsely indentifies himself either
verbally or by presenting any fraudulent written instrument to prison
officials, officers, or employees of any state prison, prison road
camp, or prison forestry camp, or other prison camp or prison farm,
or any jail, or any county industrial farm, or any county road camp,
for the purpose of securing admission to the premises or grounds of
any such prison, camp, farm, or jail, and such person would not
otherwise qualify for admission, is guilty of a misdemeanor.



4571. Every person who, having been previously convicted of a
felony and confined in any State prison in this State, without the
consent of the warden or other officer in charge of any State prison
or prison road camp, or prison forestry camp, or other prison camp or
prison farm or any other place where prisoners of the State prison
are located under the custody of prison officials, officers or
employees, or any jail or any county road camp in this State, comes
upon the grounds of any such institution, or lands belonging or
adjacent thereto, is guilty of a felony.



4573. Except when otherwise authorized by law, or when authorized
by the person in charge of the prison or other institution referred
to in this section or by an officer of the institution empowered by
the person in charge of the institution to give the authorization,
any person, who knowingly brings or sends into, or knowingly assists
in bringing into, or sending into, any state prison, prison road
camp, prison forestry camp, or other prison camp or prison farm or
any other place where prisoners of the state are located under the
custody of prison officials, officers or employees, or into any
county, city and county, or city jail, road camp, farm or other place
where prisoners or inmates are located under custody of any sheriff,
chief of police, peace officer, probation officer or employees, or
within the grounds belonging to the institution, any controlled
substance, the possession of which is prohibited by Division 10
(commencing with Section 11000) of the Health and Safety Code, any
device, contrivance, instrument, or paraphernalia intended to be used
for unlawfully injecting or consuming a controlled substance, is
guilty of a felony punishable by imprisonment in the state prison for
two, three, or four years.
The prohibitions and sanctions addressed in this section shall be
clearly and prominently posted outside of, and at the entrance to,
the grounds of all detention facilities under the jurisdiction of, or
operated by, the state or any city, county, or city and county.



4573.5. Any person who knowingly brings into any state prison or
other institution under the jurisdiction of the Department of
Corrections, or into any prison camp, prison farm, or any other place
where prisoners or inmates of these institutions are located under
the custody of prison or institution officials, officers, or
employees, or into any county, city and county, or city jail, road
camp, farm or any other institution or place where prisoners or
inmates are being held under the custody of any sheriff, chief of
police, peace officer, probation officer, or employees, or within the
grounds belonging to any institution or place, any alcoholic
beverage, any drugs, other than controlled substances, in any manner,
shape, form, dispenser, or container, or any device, contrivance,
instrument, or paraphernalia intended to be used for unlawfully
injecting or consuming any drug other than controlled substances,
without having authority so to do by the rules of the Department of
Corrections, the rules of the prison, institution, camp, farm,
place, or jail, or by the specific authorization of the warden,
superintendent, jailer, or other person in charge of the prison,
jail, institution, camp, farm, or place, is guilty of a felony.
The prohibitions and sanctions addressed in this section shall be
clearly and prominently posted outside of, and at the entrance to,
the grounds of all detention facilities under the jurisdiction of, or
operated by, the state or any city, county, or city and county.



4573.6. Any person who knowingly has in his or her possession in
any state prison, prison road camp, prison forestry camp, or other
prison camp or prison farm or any place where prisoners of the state
are located under the custody of prison officials, officers, or
employees, or in any county, city and county, or city jail, road
camp, farm, or any place or institution, where prisoners or inmates
are being held under the custody of any sheriff, chief of police,
peace officer, probation officer, or employees, or within the grounds
belonging to any jail, road camp, farm, place or institution, any
controlled substances, the possession of which is prohibited by
Division 10 (commencing with Section 11000) of the Health and Safety
Code, any device, contrivance, instrument, or paraphernalia intended
to be used for unlawfully injecting or consuming controlled
substances, without being authorized to so possess the same by the
rules of the Department of Corrections, rules of the prison or jail,
institution, camp, farm or place, or by the specific authorization of
the warden, superintendent, jailer, or other person in charge of the
prison, jail, institution, camp, farm or place, is guilty of a
felony punishable by imprisonment in the state prison for two, three,
or four years.
The prohibitions and sanctions addressed in this section shall be
clearly and prominently posted outside of, and at the entrance to,
the grounds of all detention facilities under the jurisdiction of, or
operated by, the state or any city, county, or city and county.



4573.8. Any person who knowingly has in his or her possession in
any state prison, prison road camp, prison forestry camp, or other
prison camp or prison farm or any place where prisoners of the state
are located under the custody of prison officials, officers, or
employees, or in any county, city and county, or city jail, road
camp, farm, or any place or institution, where prisoners or inmates
are being held under the custody of any sheriff, chief of police,
peace officer, probation officer, or employees, or within the grounds
belonging to any jail, road camp, farm, place, or institution, drugs
in any manner, shape, form, dispenser, or container, any device,
contrivance, instrument, or paraphernalia intended to be used for
unlawfully injecting or consuming drugs, or alcoholic beverages,
without being authorized to possess the same by rules of the
Department of Corrections, rules of the prison or jail, institution,
camp, farm, or place, or by the specific authorization of the
warden, superintendent, jailer, or other person in charge of the
prison, jail, institution, camp, farm, or place, is guilty of a
felony.
The prohibitions and sanctions addressed in this section shall be
clearly and prominently posted outside of, and at the entrance to,
the grounds of all detention facilities under the jurisdiction of, or
operated by, the state or any city, county, or city and county.



4573.9. Notwithstanding any other provision of law, any person,
other than a person held in custody, who sells, furnishes,
administers, or gives away, or offers to sell, furnish, administer,
or give away to any person held in custody in any state prison or
other institution under the jurisdiction of the Department of
Corrections, or in any prison camp, prison farm, or any other place
where prisoners or inmates of these institutions are located under
the custody of prison institution officials, officers, or employees,
or in any county, city and county, or city jail, road camp, farm, or
any other institution or place where prisoners or inmates are being
held under the custody of any sheriff, chief of police, peace
officer, probation officer, or employees, or within the grounds
belonging to any institution or place, any controlled substance, the
possession of which is prohibited by Division 10 (commencing with
Section 11000) of the Health and Safety Code, if the recipient is not
authorized to possess the same by the rules of the Department of
Corrections, rules of the prison or jail, institution, camp, farm, or
place, or by the specific authorization of the warden,
superintendent, jailer, or other person in charge of the prison,
jail, institution, camp, farm, or place, is guilty of a felony
punishable by imprisonment in the state prison for two, four, or six
years.
The prohibitions and sanctions addressed in this section shall be
clearly and prominently posted outside of, and at the entrance to,
the grounds of all detention facilities under the jurisdiction of, or
operatd by, the state or any city, county, or city and county.



4574. (a) Except when otherwise authorized by law, or when
authorized by the person in charge of the prison or other
institution referred to in this section or by an officer of the
institution empowered by the person in charge of the institution to
give such authorization, any person, who knowingly brings or sends
into, or knowingly assists in bringing into, or sending into, any
state prison or prison road camp or prison forestry camp, or other
prison camp or prison farm or any other place where prisoners of the
state prison are located under the custody of prison officials,
officers or employees, or any jail or any county road camp in this
state, or within the grounds belonging or adjacent to any such
institution, any firearms, deadly weapons, or explosives, and any
person who, while lawfully confined in a jail or county road camp
possesses therein any firearm, deadly weapon, explosive, tear gas or
tear gas weapon, is guilty of a felony and punishable by imprisonment
in the state prison for two, three, or four years.
(b) Except as provided in subdivision (a), any person who
knowingly brings or sends into such places any tear gas or tear gas
weapons which results in the release of such tear gas or use of such
weapon is guilty of a felony and punishable by imprisonment in the
state prison for two, three, or four years.
(c) Except as provided in subdivision (a), any person who
knowingly brings or sends into such places any tear gas or tear gas
weapons is guilty of a misdemeanor and punishable by imprisonment in
the county jail not exceeding six months, or by fine not exceeding
one thousand dollars ($1,000), or by both such fine and imprisonment.




4575. (a) Any person in a local correctional facility who possesses
a wireless communication device, including, but not limited to, a
cellular telephone, pager, or wireless Internet device, who is not
authorized to possess that item is guilty of a misdemeanor,
punishable by a fine of not more than one thousand dollars ($1,000).

(b) Any person housed in a local correctional facility who
possesses any tobacco products in any form, including snuff products,
smoking paraphernalia, any device that is intended to be used for
ingesting or consuming tobacco, or any container or dispenser used
for any of those products, is guilty of an infraction, punishable by
a fine not exceeding two hundred fifty dollars ($250).
(c) Money collected pursuant to this section shall be placed into
the inmate welfare fund, as specified in Section 4025.
(d) Subdivision (b) shall only apply to a person in a local
correctional facility in a county in which the board of supervisors
has adopted an ordinance or passed a resolution banning tobacco in
its correctional facilities.
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DEMOLISHING PRISONS AND JAILS
4600. (a) Every person who willfully and intentionally breaks down,
pulls down, or otherwise destroys or injures any jail, prison, or
any public property in any jail or prison, is punishable by a fine
not exceeding ten thousand dollars ($10,000), and by imprisonment in
the state prison, except that where the damage or injury to any city,
city and county, or county jail property or prison property is
determined to be four hundred dollars ($400) or less, that person is
guilty of a misdemeanor.
(b) In any case in which a person is convicted of violating this
section, the court may order the defendant to make restitution to the
public entity that owns the property damaged by the defendant. The
court shall specify in the order that the public entity that owns the
property damaged by the defendant shall not enforce the order until
the defendant satisfies all outstanding fines, penalties,
assessments, restitution fines, and restitution orders.

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TRIALS OF PRISONERS


4700.1. For any trial or hearing referred to in Section 4750, the
sheriff of the county where such trial or hearing is had and the
person in charge of the prison may agree that the county shall
transport prisoners in a state prison to and from such prison. Upon
such agreement, the county, and not the Department of Corrections,
shall perform the transportation referred to in this section.



4701. The jurisdiction of a criminal action for escaping from any
State prison is in any county of the State.



4702. Whenever any prisoner confined in a jail established and
maintained by the sheriff in another county, is tried for any offense
committed in such jail or for escaping or attempting to escape
therefrom, the venue shall be in the county establishing and
maintaining such jail and the costs shall be charged against that
county.



4703. With the concurrence of the Attorney General, the district
attorney may transfer the responsibility for the prosecution of any
crime committed by prisoners in physical custody in the state prisons
in the district attorney's county. As used in this section, crimes
committed while in physical custody shall include escapes and
attempted escapes but shall not include any crimes committed while a
prisoner has been conditionally released from state prison on work
furlough, parole, or upon any other conditional release where the
inmate is in constructive but not actual physical custody.

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LOCAL EXPENSES


4750. A city, county, or superior court shall be entitled to
reimbursement for reasonable and necessary costs connected with state
prisons or prisoners in connection with any of the following:
(a) Any crime committed at a state prison, whether by a prisoner,
employee, or other person.
With respect to a prisoner, "crime committed at a state prison" as
used in this subdivision, includes, but is not limited to, crimes
committed by the prisoner while detained in local facilities as a
result of a transfer pursuant to Section 2910 or 6253, or in
conjunction with any hearing, proceeding, or other activity for which
reimbursement is otherwise provided by this section.
(b) Any crime committed by a prisoner in furtherance of an escape.
Any crime committed by an escaped prisoner within 10 days after the
escape and within 100 miles of the facility from which the escape
occurred shall be presumed to have been a crime committed in
furtherance of an escape.
(c) Any hearing on any return of a writ of habeas corpus
prosecuted by or on behalf of a prisoner.
(d) Any trial or hearing on the question of the sanity of a
prisoner.
(e) Any costs not otherwise reimbursable under Section 1557 or any
other related provision in connection with any extradition
proceeding for any prisoner released to hold.
(f) Any costs incurred by a coroner in connection with the death
of a prisoner.
(g) Any costs incurred in transporting a prisoner within the host
county or as requested by the prison facility or incurred for
increased security while a prisoner is outside a state prison.
(h) Any crime committed by a state inmate at a state hospital for
the care, treatment, and education of the mentally disordered, as
specified in Section 7200 of the Welfare and Institutions Code.
(i) No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the Department of Corrections and Rehabilitation or to
any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.



4751. Costs incurred by a city or county include all of the
following:
(a) Costs of law enforcement agencies in connection with any
matter set forth in Section 4750, including the investigation or
evaluation of any of those matters regardless of whether a crime has
in fact occurred, a hearing held, or an offense prosecuted.
(b) Costs of participation in any trial or hearing of any matter
set forth in Section 4750, including costs for the preparation for
the trial, pretrial hearing, actual trial or hearing, expert witness
fees, the costs of guarding or keeping the prisoner, the
transportation of the prisoner, the costs of appeal, and the
execution of the sentence. The cost of detention in a city or county
correctional facility shall include the same cost factors as are
utilized by the Department of Corrections in determining the cost of
prisoner care in state correctional facilities.
(c) The costs of the prosecuting attorney in investigating,
evaluating, or prosecuting cases related to any matter set forth in
Section 4750, whether or not the prosecuting attorney decides to
commence legal action.
(d) Costs incurred by the public defender or court-appointed
attorney with respect to any matter set forth in Section 4750.
(e) Any costs incurred for providing training in the investigation
or prosecution associated with any matter set forth in Section 4750.

(f) Any other costs reasonably incurred by a county in connection
with any matter set forth in Section 4750.



4751.5. Costs incurred by a superior court include all of the
following:
(a) Costs of any trial or hearing of any matter set forth in
Section 4750, including costs for the preparation of the trial,
pretrial hearing, and the actual trial or hearing.
(b) Any other costs reasonably incurred by a superior court in
connection with any matter set forth in Section 4750.



4752. As used in this chapter, reasonable and necessary costs shall
be based upon all operating costs, including the cost of elected
officials, except superior court judges, while serving in line
functions and including all administrative costs associated with
providing the necessary services and securing reimbursement therefor.
Administrative costs include a proportional allowance for overhead
determined in accordance with current accounting practices.



4753. A city or county shall designate an officer or agency to
prepare a statement of costs that shall be reimbursed under this
chapter.
The statement shall be sent to the Controller for approval. The
statement may not include any costs that are incurred by a superior
court, as described in Section 4751.5. The Controller shall
reimburse the city or county within 60 days after receipt of the
statement or provide a written statement as to the reason for not
making reimbursement at that time. If sufficient funds are not
available, the Controller shall request the Director of Finance to
include any amounts necessary to satisfy the claims in a request for
a deficiency appropriation.



4753.5. A superior court shall prepare a statement of costs that
shall be reimbursed under this chapter. The state may not include
any costs that are incurred by a city or county, as described in
Section 4751. The statement shall be sent to the Administrative
Office of the Courts for approval and reimbursement.



4754. As used in this chapter, "prisoner" means any person
committed to a state prison, including a person who has been
transferred to any other facility, has escaped, or is otherwise
absent, but does not include a person while on parole.




4755. Whenever a person has entered upon a term of imprisonment in
a penal or correctional institution, and whenever during the
continuance of the term of imprisonment there is a detainer lodged
against the prisoner by a law enforcement or prosecutorial agency of
the state or its subdivisions, the Department of Corrections may do
either of the following:
(a) Release the inmate to the agency lodging the detainer, within
five days, or five court days if the law enforcement agency lodging
the detainer is more than 400 miles from the county in which the
institution is located, prior to the scheduled release date provided
the inmate is kept in custody until the scheduled release date.
(b) Retain the inmate in custody up to five days, or five court
days if the law enforcement agency lodging the detainer is more than
400 miles from the county in which the institution is located, after
the scheduled release date to facilitate pickup by the agency lodging
the detainer.
If a person has been retained in custody under this subdivision in
response to the issuance of a warrant of arrest charging a
particular offense and the defendant is released from custody
following the retention period without pickup by the agency lodging
the detainer, a subsequent court order shall be issued before the
arrest of that person for the same offense which was charged in the
prior warrant.
As used in this section "detainer" means a warrant of arrest.




4758. (a) A county shall be entitled to reimbursement for
reasonable and necessary costs incurred by the county with respect to
an inmate housed and treated at a state hospital in that county
pursuant to Section 2684, including, but not limited to, any trial
costs related to a crime committed at the hospital by an inmate
housed at the hospital.
(b) Where an inmate referred for treatment to a state hospital
pursuant to Section 2684 commits a crime during transportation from
prison to the hospital, or commits a crime during transportation from
the hospital to the prison, a county that prosecutes the defendant
shall be entitled to reimbursement for the costs of prosecution.
(c) No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the Department of Corrections and Rehabilitation or to
any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.

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REPRIEVES, PARDONS AND COMMUTATIONS
POWERS AND DUTIES OF GOVERNOR


4800. The general authority to grant reprieves, pardons and
commutations of sentence is conferred upon the Governor by Section 8
of Article V of the Constitution of the State of California.



4801. (a) The Board of Prison Terms may report to the Governor,
from time to time, the names of any and all persons imprisoned in any
state prison who, in its judgment, ought to have a commutation of
sentence or be pardoned and set at liberty on account of good
conduct, or unusual term of sentence, or any other cause, including
evidence of intimate partner battering and its effects. For purposes
of this section, "intimate partner battering and its effects" may
include evidence of the nature and effects of physical, emotional, or
mental abuse upon the beliefs, perceptions, or behavior of victims
of domestic violence where it appears the criminal behavior was the
result of that victimization.
(b) The Board of Prison Terms, in reviewing a prisoner's
suitability for parole pursuant to Section 3041.5, shall consider any
information or evidence that, at the time of the commission of the
crime, the prisoner had experienced intimate partner battering, but
was convicted of the offense prior to the enactment of Section 1107
of the Evidence Code by Chapter 812 of the Statutes of 1991. The
board shall state on the record the information or evidence that it
considered pursuant to this subdivision, and the reasons for the
parole decision. The board shall annually report to the Legislature
and the Governor on the cases the board considered pursuant to this
subdivision during the previous year, including the board's decision
and the findings of its investigations of these cases.



4802. In the case of a person twice convicted of felony, the
application for pardon or commutation of sentence shall be made
directly to the Governor, who shall transmit all papers and documents
relied upon in support of and in opposition to the application to
the Board of Prison Terms.



4803. When an application is made to the Governor for pardon or
commutation of sentence, or when an application has been referred to
the Board of Prison Terms, he or it may require the judge of the
court before which the conviction was had, or the district attorney
by whom the action was prosecuted, to furnish him or it, without
delay, with a summarized statement of the facts proved on the trial,
and of any other facts having reference to the propriety of granting
or refusing said application, together with his recommendation for or
against the granting of the same and his reason for such
recommendation.


4804. At least 10 days before the Governor acts upon an application
for a pardon, written notice of the intention to apply therefor,
signed by the person applying, must be served upon the district
attorney of the county where the conviction was had, and proof, by
affidavit, of the service must be presented to the Governor.




4806. The provisions of Section 4804 are not applicable:
1. When there is imminent danger of the death of the person
convicted or imprisoned;
2. When the term of imprisonment of the applicant is within 10
days of its expiration.


4807. The Governor must, at the beginning of every session,
communicate to the Legislature in addition to each case of reprieve,
or pardon, as provided in Article V, Section 8, of the Constitution
of California, each commutation, stating the name of the person
convicted, the crime of which he was convicted, the sentence and its
date, the date of the commutation and the reason for granting the
same.



4807.2. Every application for pardon or commutation of sentence
shall be accompanied by a full statement of any compensation being
paid to any person for procuring or assisting in procuring the pardon
or commutation or the pardon or commutation shall be denied.




4807.3. Every person who receives or agrees to receive any
compensation or who receives any gift for procuring or assisting in
procuring a pardon or commutation of sentence for any applicant must
file with the Governor a full statement of the amount and character
of such compensation or gift within 10 days of the receipt thereof.
Any failure to file a full statement as required by this section is a
misdemeanor.



4810. (a) The Board of Prison Terms shall succeed to and shall
exercise and perform all powers and duties granted to and imposed
upon the Advisory Pardon Board by law.
(b) The Advisory Pardon Board is abolished.
(c) The report required of the Board of Prison Terms by Section
4814 may be included in the report of the department.



4812. Upon request of the Governor the Board of Prison Terms shall
investigate and report on all applications for reprieves, pardons and
commutation of sentence and shall make such recommendations to the
Governor with reference thereto as to it may seem advisable. To that
end the board shall examine and consider all applications so
referred and all transcripts of judicial proceedings and all
affidavits or other documents submitted in connection therewith, and
shall have power to employ assistants and take testimony and to
examine witnesses under oath and to do any and all things necessary
to make a full and complete investigation of and concerning all
applications referred to it. Members of the board and its
administrative officer are, and each of them is, hereby authorized to
administer oaths.



4813. In the case of applications of persons twice convicted of a
felony, the Board of Prison Terms, after investigation, shall
transmit its written recommendation upon such application to the
Governor, together with all papers filed in connection with the
application.

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DUTIES OF SUPREME COURT
4850. No application which has not received a recommendation from
the Board of Prison Terms favorable to the applicant shall be
forwarded to the Clerk of the Supreme Court, unless the Governor,
notwithstanding the fact that the board has failed to make a
recommendation favorable to the applicant, especially refers an
application to the justices for their recommendation.



4851. In all cases where the Board of Prison Terms has made a
recommendation favorable to the applicant and in those cases referred
by the Governor, notwithstanding an adverse recommendation, the
application, together with all papers and documents relied upon in
support of and in opposition to the application, including prison
records and recommendation of the Board of Prison Terms, shall be
forwarded to the Clerk of the Supreme Court for consideration of the
justices.


4852. If a majority of the justices recommend that clemency be
granted, the clerk of the Supreme Court shall transmit the
application, together with all papers and documents filed in the
case, to the Governor; otherwise the documents shall remain in the
files of the court.

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