"u.s.a"california penal code

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Reports of Disposition of Inmates


11155. (a) As soon as placement of an inmate in any reentry or work
furlough program is planned, but in no case less than 60 days prior
to that placement, the Department of Corrections shall send written
notice, if notice has been requested, to all of the following: (1)
the chief of police of the city, if any, in which the inmate will
reside, if known, or in which placement will be made, (2) the sheriff
of the county in which the inmate will reside, if known, or in which
placement will be made, and (3) the victim, if any, of the crime for
which the inmate was convicted or the next of kin of the victim if
the crime was a homicide, if the victim or the next of kin has
submitted a request for notice with the department. Information
regarding victims or next of kin requesting the notice, and the
notice, shall be confidential and not available to the inmate.
(b) In the event of an escape of an inmate from any facility under
the jurisdiction of the Department of Corrections, the department
shall immediately notify, by the most reasonable and expedient means
available, the chief of police of the city, and the sheriff of the
county, in which the inmate resided immediately prior to the inmate's
arrest and conviction, and, if previously requested, to the victim,
if any, of the crime for which the inmate was convicted, or to the
next of kin of the victim if the crime was a homicide. If the inmate
is recaptured, the department shall send written notice thereof to
the persons designated in this subdivision within 30 days after
regaining custody of the inmate.
(c) Except as provided in subdivision (d), the Department of
Corrections shall send the notices required by this section to the
last address provided to the department by the requesting party. It
is the responsibility of the requesting party to provide the
department with a current address.
(d) Whenever the department sends the notice required by this
section to a victim, it shall do so by return-receipt mail. In the
event the victim does not reside at the last address provided to the
department, the department shall make a diligent, good faith effort
to learn the whereabouts of the victim in order to comply with these
notification requirements.



11156. The notice sent to the chief of police and county sheriff
pursuant to Section 11155 shall include an actual glossy photograph
no smaller than 3 1/8 x 31/8 inches in size, in conjunction with the
Department of Justice, fingerprints of each inmate in the reentry or
work furlough program.


11157. The victims may be notified of the opportunity to receive
the notices provided by this article by means of adding a paragraph
to the information contained on subpoena forms which are used in
subpoenaing victims as material witnesses to any court proceedings
resulting from the perpetration of the crime in which the victim was
involved.



11158. As used in this article, "victim" means any person alleged
or found, upon the record, to have sustained physical or financial
injury to person or property as a direct result of the crime charged.
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Reports of Injuries


11160. (a) Any health practitioner employed in a health facility,
clinic, physician's office, local or state public health department,
or a clinic or other type of facility operated by a local or state
public health department who, in his or her professional capacity or
within the scope of his or her employment, provides medical services
for a physical condition to a patient whom he or she knows or
reasonably suspects is a person described as follows, shall
immediately make a report in accordance with subdivision (b):
(1) Any person suffering from any wound or other physical injury
inflicted by his or her own act or inflicted by another where the
injury is by means of a firearm.
(2) Any person suffering from any wound or other physical injury
inflicted upon the person where the injury is the result of
assaultive or abusive conduct.
(b) Any health practitioner employed in a health facility, clinic,
physician's office, local or state public health department, or a
clinic or other type of facility operated by a local or state public
health department shall make a report regarding persons described in
subdivision (a) to a local law enforcement agency as follows:
(1) A report by telephone shall be made immediately or as soon as
practically possible.
(2) A written report shall be prepared on the standard form
developed in compliance with paragraph (4) of this subdivision, and
Section 11160.2, and adopted by the agency or agencies designated by
the Director of Finance pursuant to Section 13820, or on a form
developed and adopted by another state agency that otherwise fulfills
the requirements of the standard form. The completed form shall be
sent to a local law enforcement agency within two working days of
receiving the information regarding the person.
(3) A local law enforcement agency shall be notified and a written
report shall be prepared and sent pursuant to paragraphs (1) and (2)
even if the person who suffered the wound, other injury, or
assaultive or abusive conduct has expired, regardless of whether or
not the wound, other injury, or assaultive or abusive conduct was a
factor contributing to the death, and even if the evidence of the
conduct of the perpetrator of the wound, other injury, or assaultive
or abusive conduct was discovered during an autopsy.
(4) The report shall include, but shall not be limited to, the
following:
(A) The name of the injured person, if known.
(B) The injured person's whereabouts.
(C) The character and extent of the person's injuries.
(D) The identity of any person the injured person alleges
inflicted the wound, other injury, or assaultive or abusive conduct
upon the injured person.
(c) For the purposes of this section, "injury" shall not include
any psychological or physical condition brought about solely through
the voluntary administration of a narcotic or restricted dangerous
drug.
(d) For the purposes of this section, "assaultive or abusive
conduct" shall include any of the following offenses:
(1) Murder, in violation of Section 187.
(2) Manslaughter, in violation of Section 192 or 192.5.
(3) Mayhem, in violation of Section 203.
(4) Aggravated mayhem, in violation of Section 205.
(5) Torture, in violation of Section 206.
(6) Assault with intent to commit mayhem, rape, sodomy, or oral
copulation, in violation of Section 220.
(7) Administering controlled substances or anesthetic to aid in
commission of a felony, in violation of Section 222.
(8) Battery, in violation of Section 242.
(9) ***ual battery, in violation of Section 243.4.
(10) Incest, in violation of Section 285.
(11) Throwing any vitriol, corrosive acid, or caustic chemical
with intent to injure or disfigure, in violation of Section 244.
(12) Assault with a stun gun or taser, in violation of Section
244.5.
(13) Assault with a deadly weapon, firearm, assault weapon, or
machinegun, or by means likely to produce great bodily injury, in
violation of Section 245.
(14) Rape, in violation of Section 261.
(15) Spousal rape, in violation of Section 262.
(16) Procuring any female to have *** with another man, in
violation of Section 266, 266a, 266b, or 266c.
(17) Child abuse or endangerment, in violation of Section 273a or
273d.
(18) Abuse of spouse or cohabitant, in violation of Section 273.5.

(19) Sodomy, in violation of Section 286.
(20) Lewd and lascivious acts with a child, in violation of
Section 288.
(21) Oral copulation, in violation of Section 288a.
(22) ***ual penetration, in violation of Section 289.
(23) Elder abuse, in violation of Section 368.
(24) An attempt to commit any crime specified in paragraphs (1) to
(23), inclusive.
(e) When two or more persons who are required to report are
present and jointly have knowledge of a known or suspected instance
of violence that is required to be reported pursuant to this section,
and when there is an agreement among these persons to report as a
team, the team may select by mutual agreement a member of the team to
make a report by telephone and a single written report, as required
by subdivision (b). The written report shall be signed by the
selected member of the reporting team. Any member who has knowledge
that the member designated to report has failed to do so shall
thereafter make the report.
(f) The reporting duties under this section are individual, except
as provided in subdivision (e).
(g) No supervisor or administrator shall impede or inhibit the
reporting duties required under this section and no person making a
report pursuant to this section shall be subject to any sanction for
making the report. However, internal procedures to facilitate
reporting and apprise supervisors and administrators of reports may
be established, except that these procedures shall not be
inconsistent with this article. The internal procedures shall not
require any employee required to make a report under this article to
disclose his or her identity to the employer.
(h) For the purposes of this section, it is the Legislature's
intent to avoid duplication of information.



11160.1. (a) Any health practitioner employed in any health
facility, clinic, physician's office, local or state public health
department, or a clinic or other type of facility operated by a local
or state public health department who, in his or her professional
capacity or within the scope of his or her employment, performs a
forensic medical examination on any person in the custody of law
enforcement from whom evidence is sought in connection with the
commission or investigation of a crime of ***ual assault, as
described in subdivision (d) of Section 11160, shall prepare a
written report. The report shall be on a standard form developed by,
or at the direction of, the Office of Emergency Services or an agency
designated by the Director of Finance pursuant to Section 13820, and
shall be immediately provided to the law enforcement agency who has
custody of the individual examined.
(b) The examination and report is subject to the confidentiality
requirements of the Confidentiality of Medical Information Act
(Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of
the Civil Code), the physician-patient privilege pursuant to Article
6 (commencing with Section 990) of Chapter 4 of Division 8 of the
Evidence Code, and the privilege of official information pursuant to
Article 9 (commencing with Section 1040) of Chapter 4 of Division 8
of the Evidence Code.
(c) The report shall be released upon request, oral or written, to
any person or agency involved in any related investigation or
prosecution of a criminal case including, but not limited to, a law
enforcement officer, district attorney, city attorney, crime
laboratory, county licensing agency, or coroner. The report may be
released to defense counsel or another third party only through
discovery of documents in the possession of a prosecuting agency or
following the issuance of a lawful court order authorizing the
release of the report.
(d) A health practitioner who makes a report in accordance with
this section shall not incur civil or criminal liability. No person,
agency, or their designee required or authorized to report pursuant
to this section who takes photographs of a person suspected of being
a person subject to a forensic medical examination as described in
this section shall incur any civil or criminal liability for taking
the photographs, causing the photographs to be taken, or
disseminating the photographs to a law enforcement officer, district
attorney, city attorney, crime laboratory, county licensing agency,
or coroner with the reports required in accordance with this section.
However, this subdivision shall not be deemed to grant immunity from
civil or criminal liability with respect to any other use of the
photographs.
(e) Section 11162 does not apply to this section.
(f) With the exception of any health practitioner who has entered
into a contractual agreement to perform forensic medical
examinations, no health practitioner shall be required to perform a
forensic medical examination as part of his or her duties as a health
practitioner.


11161. Notwithstanding Section 11160, the following shall apply to
every physician or surgeon who has under his or her charge or care
any person described in subdivision (a) of Section 11160:
(a) The physician or surgeon shall make a report in accordance
with subdivision (b) of Section 11160 to a local law enforcement
agency.
(b) It is recommended that any medical records of a person about
whom the physician or surgeon is required to report pursuant to
subdivision (a) include the following:
(1) Any comments by the injured person regarding past domestic
violence, as defined in Section 13700, or regarding the name of any
person suspected of inflicting the wound, other physical injury, or
assaultive or abusive conduct upon the person.
(2) A map of the injured person's body showing and identifying
injuries and bruises at the time of the health care.
(3) A copy of the law enforcement reporting form.
(c) It is recommended that the physician or surgeon refer the
person to local domestic violence services if the person is suffering
or suspected of suffering from domestic violence, as defined in
Section 13700.



11161.2. (a) The Legislature finds and declares that adequate
protection of victims of domestic violence and elder and dependent
adult abuse has been hampered by lack of consistent and comprehensive
medical examinations. Enhancing examination procedures,
documentation, and evidence collection will improve investigation and
prosecution efforts.
(b) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall, in cooperation with the State
Department of Health Services, the Department of Aging and the
ombudsman program, the State Department of Social Services, law
enforcement agencies, the Department of Justice, the California
Association of Crime Lab Directors, the California District Attorneys
Association, the California State Sheriff's Association, the
California Medical Association, the California Police Chiefs'
Association, domestic violence advocates, the California Medical
Training Center, adult protective services, and other appropriate
experts:
(1) Establish medical forensic forms, instructions, and
examination protocol for victims of domestic violence and elder and
dependent adult abuse and neglect using as a model the form and
guidelines developed pursuant to Section 13823.5. The form should
include, but not be limited to, a place for a notation concerning
each of the following:
(A) Notification of injuries and a report of suspected domestic
violence or elder or dependent adult abuse and neglect to law
enforcement authorities, Adult Protective Services, or the State
Long-Term Care Ombudsmen, in accordance with existing reporting
procedures.
(B) Obtaining consent for the examination, treatment of injuries,
collection of evidence, and photographing of injuries. Consent to
treatment shall be obtained in accordance with the usual hospital
policy. A victim shall be informed that he or she may refuse to
consent to an examination for evidence of domestic violence and elder
and dependent adult abuse and neglect, including the collection of
physical evidence, but that refusal is not a ground for denial of
treatment of injuries and disease, if the person wishes to obtain
treatment and consents thereto.
(C) Taking a patient history of domestic violence or elder or
dependent adult abuse and neglect and other relevant medical history.

(D) Performance of the physical examination for evidence of
domestic violence or elder or dependent adult abuse and neglect.
(E) Collection of physical evidence of domestic violence or elder
or dependent adult abuse.
(F) Collection of other medical and forensic specimens, as
indicated.
(G) Procedures for the preservation and disposition of evidence.
(H) Complete documentation of medical forensic exam findings.
(2) Determine whether it is appropriate and forensically sound to
develop separate or joint forms for documentation of medical forensic
findings for victims of domestic violence and elder and dependent
adult abuse and neglect.
(3) The forms shall become part of the patient's medical record
pursuant to guidelines established by the agency or agencies
designated by the Director of Finance pursuant to Section 13820
advisory committee and subject to the confidentiality laws pertaining
to release of medical forensic examination records.
(c) The forms shall be made accessible for use on the Internet.



11161.5. (a) It is the intent of the Legislature that on or before
January 1, 2006, the California District Attorneys Association, in
conjunction with interested parties, including, but not limited to,
the Department of Justice, the California Narcotic Officers'
Association, the California Police Chiefs' Association, the
California State Sheriffs' Association, the California Medical
Association, the American Pain Society, the American Academy of Pain
Medicine, the California Society of Anesthesiologists, the California
Chapter of the American College of Emergency Physicians, the
California Medical Board, the California Orthopedic Association, and
other medical and patient advocacy entities specializing in pain
control therapies, shall develop protocols for the development and
implementation of interagency investigations in connection with a
physician's prescription of medication to patients. The protocols
are intended to assure the competent review of, and that relevant
investigation procedures are followed for, the suspected
undertreatment, undermedication, overtreatment, and overmedication of
pain cases. Consideration shall be made for the special
circumstances of urban and rural communities. The investigation
protocol shall be designed to facilitate communication between the
medical and law enforcement communities and the timely return of
medical records pertaining to the identity, diagnosis, prognosis, or
treatment of any patient that are seized by law enforcement from a
physician who is suspected of engaging in or having engaged in
criminal activity related to the documents.
(b) The costs incurred by the California District Attorneys
Association in implementing this section shall be solicited and
funded from nongovernmental entities.



11161.8. Every person, firm, or corporation conducting any hospital
in the state, or the managing agent thereof, or the person managing
or in charge of such hospital, or in charge of any ward or part of
such hospital, who receives a patient transferred from a health
facility, as defined in Section 1250 of the Health and Safety Code or
from a community care facility, as defined in Section 1502 of the
Health and Safety Code, who exhibits a physical injury or condition
which, in the opinion of the admitting physician, reasonably appears
to be the result of neglect or abuse, shall report such fact by
telephone and in writing, within 36 hours, to both the local police
authority having jurisdiction and the county health department.
Any registered nurse, licensed vocational nurse, or licensed
clinical social worker employed at such hospital may also make a
report under this section, if, in the opinion of such person, a
patient exhibits a physical injury or condition which reasonably
appears to be the result of neglect or abuse.
Every physician and surgeon who has under his charge or care any
such patient who exhibits a physical injury or condition which
reasonably appears to be the result of neglect or abuse shall make
such report.
The report shall state the character and extent of the physical
injury or condition.
No employee shall be discharged, suspended, disciplined, or
harassed for making a report pursuant to this section.
No person shall incur any civil or criminal liability as a result
of making any report authorized by this section.



11161.9. (a) A health practitioner who makes a report in accordance
with this article shall not incur civil or criminal liability as a
result of any report required or authorized by this article.
(b) (1) No person required or authorized to report pursuant to
this article, or designated by a person required or authorized to
report pursuant to this article, who takes photographs of a person
suspected of being a person described in this article about whom a
report is required or authorized shall incur any civil or criminal
liability for taking the photographs, causing the photographs to be
taken, or disseminating the photographs to local law enforcement with
the reports required by this article in accordance with this
article. However, this subdivision shall not be deemed to grant
immunity from civil or criminal liability with respect to any other
use of the photographs.
(2) A court may award attorney's fees to a commercial film and
photographic print processor when a suit is brought against the
processor because of a disclosure mandated by this article and the
court finds that the suit is frivolous.
(c) A health practitioner who, pursuant to a request from an adult
protective services agency or a local law enforcement agency,
provides the requesting agency with access to the victim of a known
or suspected instance of abuse shall not incur civil or criminal
liability as a result of providing that access.
(d) No employee shall be discharged, suspended, disciplined, or
harassed for making a report pursuant to this section.
(e) This section does not apply to mandated reporting of child
abuse, as provided for in Article 2.5 (commencing with Section
11164).



11162. A violation of this article is a misdemeanor, punishable by
imprisonment in a county jail not exceeding six months, or by a fine
not exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment.


11162.5. As used in this article, the following definitions shall
apply:
(a) "Health practitioner" has the same meaning as provided in
paragraphs (21) to (28), inclusive, of subdivision (a) of Section
11165.7.
(b) "Clinic" is limited to include any clinic specified in
Sections 1204 and 1204.3 of the Health and Safety Code.
(c) "Health facility" has the same meaning as provided in Section
1250 of the Health and Safety Code.
(d) "Reasonably suspects" means that it is objectively reasonable
for a person to entertain a suspicion, based upon facts that could
cause a reasonable person in a like position, drawing, when
appropriate, on his or her training and experience, to suspect.



11162.7. This article shall not apply when a report is required to
be made pursuant to the Child Abuse and Neglect Reporting Act
(Article 2.5 (commencing with Section 11164)), and Chapter 11
(commencing with Section 15600) of Part 3 of Division 9 of the
Welfare and Institutions Code.



11163. (a) The Legislature finds and declares that even though the
Legislature has provided for immunity from liability, pursuant to
Section 11161.9, for persons required or authorized to report
pursuant to this article, that immunity does not eliminate the
possibility that actions may be brought against those persons based
upon required reports of abuse pursuant to other laws.
In order to further limit the financial hardship that those
persons may incur as a result of fulfilling their legal
responsibility, it is necessary that they not be unfairly burdened by
legal fees incurred in defending those actions.
(b) (1) Therefore, a health practitioner may present a claim to
the California Victim Compensation and Government Claims Board for
reasonable attorney's fees incurred in any action against that person
on the basis of that person reporting in accordance with this
article if the court dismisses the action upon a demurrer or motion
for summary judgment made by that person or if that person prevails
in the action.
(2) The California Victim Compensation and Government Claims Board
shall allow the claim pursuant to paragraph (1) if the requirements
of paragraph (1) are met, and the claim shall be paid from an
appropriation to be made for that purpose. Attorney's fees awarded
pursuant to this section shall not exceed an hourly rate greater than
the rate charged by the Attorney General at the time the award is
made and shall not exceed an aggregate amount of fifty thousand
dollars ($50,000).
(3) This subdivision shall not apply if a public entity has
provided for the defense of the action pursuant to Section 995 of the
Government Code.



11163.2. (a) In any court proceeding or administrative hearing,
neither the physician-patient privilege nor the psychotherapist
privilege applies to the information required to be reported pursuant
to this article.
(b) The reports required by this article shall be kept
confidential by the health facility, clinic, or physician's office
that submitted the report, and by local law enforcement agencies, and
shall only be disclosed by local law enforcement agencies to those
involved in the investigation of the report or the enforcement of a
criminal law implicated by a report. In no case shall the person
suspected or accused of inflicting the wound, other injury, or
assaultive or abusive conduct upon the injured person or his or her
attorney be allowed access to the injured person's whereabouts.
(c) For the purposes of this article, reports of suspected child
abuse and information contained therein may be disclosed only to
persons or agencies with whom investigations of child abuse are
coordinated under the regulations promulgated under Section 11174.
(d) The Board of Prison Terms may subpoena reports that are not
unfounded and reports that concern only the current incidents upon
which parole revocation proceedings are pending against a parolee.



11163.3. (a) A county may establish an interagency domestic
violence death review team to assist local agencies in identifying
and reviewing domestic violence deaths, including homicides and
suicides, and facilitating communication among the various agencies
involved in domestic violence cases. Interagency domestic violence
death review teams have been used successfully to ensure that
incidents of domestic violence and abuse are recognized and that
agency involvement is reviewed to develop recommendations for
policies and protocols for community prevention and intervention
initiatives to reduce and eradicate the incidence of domestic
violence.
(b) For purposes of this section, "abuse" has the meaning set
forth in Section 6203 of the Family Code and "domestic violence" has
the meaning set forth in Section 6211 of the Family Code.
(c) A county may develop a protocol that may be used as a
guideline to assist coroners and other persons who perform autopsies
on domestic violence victims in the identification of domestic
violence, in the determination of whether domestic violence
contributed to death or whether domestic violence had occurred prior
to death, but was not the actual cause of death, and in the proper
written reporting procedures for domestic violence, including the
designation of the cause and mode of death.
(d) County domestic violence death review teams shall be comprised
of, but not limited to, the following:
(1) Experts in the field of forensic pathology.
(2) Medical personnel with expertise in domestic violence abuse.
(3) Coroners and medical examiners.
(4) Criminologists.
(5) District attorneys and city attorneys.
(6) Domestic violence shelter service staff and battered women's
advocates.
(7) Law enforcement personnel.
(8) Representatives of local agencies that are involved with
domestic violence abuse reporting.
(9) County health department staff who deal with domestic violence
victims' health issues.
(10) Representatives of local child abuse agencies.
(11) Local professional associations of persons described in
paragraphs (1) to (10), inclusive.
(e) An oral or written communication or a document shared within
or produced by a domestic violence death review team related to a
domestic violence death review is confidential and not subject to
disclosure or discoverable by a third party. An oral or written
communication or a document provided by a third party to a domestic
violence death review team, or between a third party and a domestic
violence death review team, is confidential and not subject to
disclosure or discoverable by a third party. Notwithstanding the
foregoing, recommendations of a domestic violence death review team
upon the completion of a review may be disclosed at the discretion of
a majority of the members of the domestic violence death review
team.
(f) Each organization represented on a domestic violence death
review team may share with other members of the team information in
its possession concerning the victim who is the subject of the review
or any person who was in contact with the victim and any other
information deemed by the organization to be pertinent to the review.
Any information shared by an organization with other members of a
team is confidential. This provision shall permit the disclosure to
members of the team of any information deemed confidential,
privileged, or prohibited from disclosure by any other statute.
(g) Written and oral information may be disclosed to a domestic
violence death review team established pursuant to this section. The
team may make a request in writing for the information sought and any
person with information of the kind described in paragraph (2) of
this subdivision may rely on the request in determining whether
information may be disclosed to the team.
(1) No individual or agency that has information governed by this
subdivision shall be required to disclose information. The intent of
this subdivision is to allow the voluntary disclosure of information
by the individual or agency that has the information.
(2) The following information may be disclosed pursuant to this
subdivision:
(A) Notwithstanding Section 56.10 of the Civil Code, medical
information.
(B) Notwithstanding Section 5328 of the Welfare and Institutions
Code, mental health information.
(C) Notwithstanding Section 15633.5 of the Welfare and
Institutions Code, information from elder abuse reports and
investigations, except the identity of persons who have made reports,
which shall not be disclosed.
(D) Notwithstanding Section 11167.5 of the Penal Code, information
from child abuse reports and investigations, except the identity of
persons who have made reports, which shall not be disclosed.
(E) State summary criminal history information, criminal offender
record information, and local summary criminal history information,
as defined in Sections 11075, 11105, and 13300 of the Penal Code.
(F) Notwithstanding Section 11163.2 of the Penal Code, information
pertaining to reports by health practitioners of persons suffering
from physical injuries inflicted by means of a firearm or of persons
suffering physical injury where the injury is a result of assaultive
or abusive conduct, and information relating to whether a physician
referred the person to local domestic violence services as
recommended by Section 11161 of the Penal Code.
(G) Notwithstanding Section 827 of the Welfare and Institutions
Code, information in any juvenile court proceeding.
(H) Information maintained by the Family Court, including
information relating to the Family Conciliation Court Law pursuant to
Section 1818 of the Family Code, and Mediation of Custody and
Visitation Issues pursuant to Section 3177 of the Family Code.
(I) Information provided to probation officers in the course of
the performance of their duties, including, but not limited to, the
duty to prepare reports pursuant to Section 1203.10 of the Penal
Code, as well as the information on which these reports are based.
(J) Notwithstanding Section 10825 of the Welfare and Institutions
Code, records of in-home supportive services, unless disclosure is
prohibited by federal law.
(3) The disclosure of written and oral information authorized
under this subdivision shall apply notwithstanding Sections 2263,
2918, 4982, and 6068 of the Business and Professions Code, or the
lawyer-client privilege protected by Article 3 (commencing with
Section 950) of Chapter 4 of Division 8 of the Evidence Code, the
physician-patient privilege protected by Article 6 (commencing with
Section 990) of Chapter 4 of Division 8 of the Evidence Code, the
psychotherapist-patient privilege protected by Article 7 (commencing
with Section 1010) of Chapter 4 of Division 8 of the Evidence Code,
the ***ual assault counselor-victim privilege protected by Article
8.5 (commencing with Section 1035) of Chapter 4 of Division 8 of the
Evidence Code, and the domestic violence counselor-victim privilege
protected by Article 8.7 (commencing with Section 1037) of Chapter 4
of Division 8 of the Evidence Code.



11163.4. Subject to available funding, the Attorney General,
working with the state domestic violence coalition, shall develop a
protocol for the development and implementation of interagency
domestic violence death review teams for use by counties, which shall
include relevant procedures for both urban and rural counties. The
protocol shall be designed to facilitate communication among persons
who perform autopsies and the various persons and agencies involved
in domestic violence cases so that incidents of domestic violence and
deaths related to domestic violence are recognized and surviving
nonoffending family and household members and domestic partners
receive the appropriate services.



11163.5. (a) The purpose of this section is to coordinate and
integrate state and local efforts to address fatal domestic violence,
and to create a body of information to prevent domestic violence
deaths.
(b) (1) The Department of Justice is hereby authorized to carry
out the purpose of this section with the cooperation of the State
Department of Social Services, the State Department of Health
Services, the California State Coroner's Association, the County
Welfare Directors Association, and the state domestic violence
coalition.
(2) The Department of Justice, after consulting with the agencies
and organizations specified in paragraph (1), may consult with other
representatives of other agencies and private organizations to
accomplish the purpose of this section.
(c) To accomplish the purpose of this section, the Department of
Justice and agencies and organizations involved may engage in the
following activities:
(1) Collect, analyze, and interpret state and local data on
domestic violence death in an annual report to be available upon
request. The report may contain, but need not be limited to,
information provided by state agencies and the county domestic
violence death review teams for the preceding year.
(2) Develop a state and local data base on domestic violence
deaths.
(A) The state data may include the Department of Justice
statistics, the State Department of Health Services Vital Statistics,
and information obtained by other relevant state agencies.
(B) The Department of Justice, in consultation with the agencies
and organizations specified in paragraph (1) of subdivision (b), may
develop a model minimal local data set and request data from local
teams for inclusion in the annual report.
(3) Distribute a copy of the report to public officials in the
state who deal with domestic violence issues and to those agencies
responsible for domestic violence death review investigation in each
county.
(d) The Department of Justice may direct the creation of a
statewide domestic violence death review team directory, which shall
contain the names of the members of the agencies and private
organizations participating under this section, the members of local
domestic violence death review teams, and the local liaisons to those
teams. The department may maintain and update the directory
annually.
(e) The agencies or private organizations participating under this
section shall participate without reimbursement from the state.
Costs incurred by participants for travel or per diem shall be borne
by the participant agency or organization. Any reports prepared by
the Department of Justice pursuant to this section shall be in
consultation with the state domestic violence coalition.



11163.6. In order to ensure consistent and uniform results, data
may be collected and summarized by the domestic violence death review
teams to show the statistical occurrence of domestic violence deaths
in the team's county that occur under the following circumstances:
(a) The deceased was a victim of a homicide committed by a current
or former spouse, fiance, or dating partner.
(b) The deceased was the victim of a suicide, was the current or
former spouse, fiance, or dating partner of the perpetrator and was
also the victim of previous acts of domestic violence.
(c) The deceased was the perpetrator of the homicide of a former
or current spouse, fiance, or dating partner and the perpetrator was
also the victim of a suicide.
(d) The deceased was the perpetrator of the homicide of a former
or current spouse, fiance, or dating partner and the perpetrator was
also the victim of a homicide related to the domestic homicide
incident.
(e) The deceased was a child of either the homicide victim or the
perpetrator, or both.
(f) The deceased was a current or former spouse, fiance, or dating
partner of the current or former spouse, fiance, or dating partner
of the perpetrator.
(g) The deceased was a law enforcement officer, emergency medical
personnel, or other agency responding to a domestic violence
incident.
(h) The deceased was a family member, other than identified above,
of the perpetrator.
(i) The deceased was the perpetrator of the homicide of a family
member, other than identified above.
(j) The deceased was a person not included in the above categories
and the homicide was related to domestic violence.
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[هيثم الفقى]

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Child Abuse and Neglect Reporting Act


11164. (a) This article shall be known and may be cited as the
Child Abuse and Neglect Reporting Act.
(b) The intent and purpose of this article is to protect children
from abuse and neglect. In any investigation of suspected child
abuse or neglect, all persons participating in the investigation of
the case shall consider the needs of the child victim and shall do
whatever is necessary to prevent psychological harm to the child
victim.


11165. As used in this article "child" means a person under the age
of 18 years.



11165.1. As used in this article, "***ual abuse" means ***ual
assault or ***ual exploitation as defined by the following:
(a) "***ual assault" means conduct in violation of one or more of
the following sections: Section 261 (rape), subdivision (d) of
Section 261.5 (statutory rape), 264.1 (rape in concert), 285
(incest), 286 (sodomy), subdivision (a) or (b), or paragraph (1) of
subdivision (c) of Section 288 (lewd or lascivious acts upon a
child), 288a (oral copulation), 289 (***ual penetration), or 647.6
(child molestation).
(b) Conduct described as "***ual assault" includes, but is not
limited to, all of the following:
(1) Any penetration, however slight, of the vagina or anal opening
of one person by the penis of another person, whether or not there
is the emission of semen.
(2) Any ***ual contact between the genitals or anal opening of one
person and the mouth or tongue of another person.
(3) Any intrusion by one person into the genitals or anal opening
of another person, including the use of any object for this purpose,
except that, it does not include acts performed for a valid medical
purpose.
(4) The intentional touching of the genitals or intimate parts
(including the breasts, genital area, groin, inner thighs, and
buttocks) or the clothing covering them, of a child, or of the
perpetrator by a child, for purposes of ***ual arousal or
gratification, except that, it does not include acts which may
reasonably be construed to be normal caretaker responsibilities;
interactions with, or demonstrations of affection for, the child; or
acts performed for a valid medical purpose.
(5) The intentional masturbation of the perpetrator's genitals in
the presence of a child.
(c) "***ual exploitation" refers to any of the following:
(1) Conduct involving matter depicting a minor engaged in obscene
acts in violation of Section 311.2 (preparing, selling, or
distributing obscene matter) or subdivision (a) of Section 311.4
(employment of minor to perform obscene acts).
(2) Any person who knowingly promotes, aids, or assists, employs,
uses, persuades, induces, or coerces a child, or any person
responsible for a child's welfare, who knowingly permits or
encourages a child to engage in, or assist others to engage in,
prostitution or a live performance involving obscene ***ual conduct,
or to either pose or model alone or with others for purposes of
preparing a film, photograph, negative, slide, drawing, painting, or
other pictorial depiction, involving obscene ***ual conduct. For the
purpose of this section, "person responsible for a child's welfare"
means a parent, guardian, foster parent, or a licensed administrator
or employee of a public or private residential home, residential
school, or other residential institution.
(3) Any person who depicts a child in, or who knowingly develops,
duplicates, prints, or exchanges, any film, photograph, video tape,
negative, or slide in which a child is engaged in an act of obscene
***ual conduct, except for those activities by law enforcement and
prosecution agencies and other persons described in subdivisions (c)
and (e) of Section 311.3.


11165.2. As used in this article, "neglect" means the negligent
treatment or the maltreatment of a child by a person responsible for
the child's welfare under circumstances indicating harm or threatened
harm to the child's health or welfare. The term includes both acts
and omissions on the part of the responsible person.
(a) "Severe neglect" means the negligent failure of a person
having the care or custody of a child to protect the child from
severe malnutrition or medically diagnosed nonorganic failure to
thrive. "Severe neglect" also means those situations of neglect
where any person having the care or custody of a child willfully
causes or permits the person or health of the child to be placed in a
situation such that his or her person or health is endangered, as
proscribed by Section 11165.3, including the intentional failure to
provide adequate food, clothing, shelter, or medical care.
(b) "General neglect" means the negligent failure of a person
having the care or custody of a child to provide adequate food,
clothing, shelter, medical care, or supervision where no physical
injury to the child has occurred.
For the purposes of this chapter, a child receiving treatment by
spiritual means as provided in Section 16509.1 of the Welfare and
Institutions Code or not receiving specified medical treatment for
religious reasons, shall not for that reason alone be considered a
neglected child. An informed and appropriate medical decision made
by parent or guardian after consultation with a physician or
physicians who have examined the minor does not constitute neglect.




11165.3. As used in this article, "the willful harming or injuring
of a child or the endangering of the person or health of a child,"
means a situation in which any person willfully causes or permits any
child to suffer, or inflicts thereon, unjustifiable physical pain or
mental suffering, or having the care or custody of any child,
willfully causes or permits the person or health of the child to be
placed in a situation in which his or her person or health is
endangered.


11165.4. As used in this article, "unlawful corporal punishment or
injury" means a situation where any person willfully inflicts upon
any child any cruel or inhuman corporal punishment or injury
resulting in a traumatic condition. It does not include an amount of
force that is reasonable and necessary for a person employed by or
engaged in a public school to quell a disturbance threatening
physical injury to person or damage to property, for purposes of
self-defense, or to obtain possession of weapons or other dangerous
objects within the control of the pupil, as authorized by Section
49001 of the Education Code. It also does not include the exercise
of the degree of physical control authorized by Section 44807 of the
Education Code. It also does not include an injury caused by
reasonable and necessary force used by a peace officer acting within
the course and scope of his or her employment as a peace officer.



11165.5. As used in this article, the term "abuse or neglect in
out-of-home care" includes physical injury or death inflicted upon a
child by another person by other than accidental means, ***ual abuse
as defined in Section 11165.1, neglect as defined in Section 11165.2,
unlawful corporal punishment or injury as defined in Section
11165.4, or the willful harming or injuring of a child or the
endangering of the person or health of a child, as defined in Section
11165.3, where the person responsible for the child's welfare is a
licensee, administrator, or employee of any facility licensed to care
for children, or an administrator or employee of a public or private
school or other institution or agency. "Abuse or neglect in
out-of-home care" does not include an injury caused by reasonable and
necessary force used by a peace officer acting within the course and
scope of his or her employment as a peace officer.



11165.6. As used in this article, the term "child abuse or neglect"
includes physical injury or death inflicted by other than accidental
means upon a child by another person, ***ual abuse as defined in
Section 11165.1, neglect as defined in Section 11165.2, the willful
harming or injuring of a child or the endangering of the person or
health of a child, as defined in Section 11165.3, and unlawful
corporal punishment or injury as defined in Section 11165.4. "Child
abuse or neglect" does not include a mutual affray between minors.
"Child abuse or neglect" does not include an injury caused by
reasonable and necessary force used by a peace officer acting within
the course and scope of his or her employment as a peace officer.




11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by any public
or private school.
(4) A classified employee of any public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of any public
or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any employee of a county office of education or the California
Department of Education, whose duties bring the employee into
contact with children on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any person who is an administrator or presenter of, or a
counselor in, a child abuse prevention program in any public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker unless the investigator, inspector, or
caseworker is working with an attorney appointed pursuant to Section
317 of the Welfare and Institutions Code to represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician, surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage, family and child counselor,
clinical social worker, or any other person who is currently licensed
under Division 2 (commencing with Section 500) of the Business and
Professions Code.
(22) Any emergency medical technician I or II, paramedic, or other
person certified pursuant to Division 2.5 (commencing with Section
1797) of the Health and Safety Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage, family, and child therapist trainee, as defined
in subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage, family, and child therapist intern
registered under Section 4980.44 of the Business and Professions
Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner, or any other person who performs
autopsies.
(29) A commercial film and photographic print processor, as
specified in subdivision (e) of Section 11166. As used in this
article, "commercial film and photographic print processor" means any
person who develops exposed photographic film into negatives,
slides, or prints, or who makes prints from negatives or slides, for
compensation. The term includes any employee of such a person; it
does not include a person who develops film or makes prints for a
public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any person who, for financial compensation,
acts as monitor of a visit between a child and any other person when
the monitoring of that visit has been ordered by a court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any person employed by a city,
county, or city and county for the purpose of enforcing animal
control laws or regulations.
(B) "Humane society officer" means any person appointed or
employed by a public or private entity as a humane officer who is
qualified pursuant to Section 14502 or 14503 of the Corporations
Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any employee of any police department, county sheriff's
department, county probation department, or county welfare
department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424 of the California Rules of
Court.
(36) A custodial officer as defined in Section 831.5.
(37) Any person providing services to a minor child under Section
12300 or 12300.1 of the Welfare and Institutions Code.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.



11165.9. Reports of suspected child abuse or neglect shall be made
by mandated reporters, or in the case of reports pursuant to Section
11166.05, may be made, to any police department or sheriff's
department, not including a school district police or security
department, county probation department, if designated by the county
to receive mandated reports, or the county welfare department. Any of
those agencies shall accept a report of suspected child abuse or
neglect whether offered by a mandated reporter or another person, or
referred by another agency, even if the agency to whom the report is
being made lacks subject matter or geographical jurisdiction to
investigate the reported case, unless the agency can immediately
electronically transfer the call to an agency with proper
jurisdiction. When an agency takes a report about a case of suspected
child abuse or neglect in which that agency lacks jurisdiction, the
agency shall immediately refer the case by telephone, fax, or
electronic transmission to an agency with proper jurisdiction.
Agencies that are required to receive reports of suspected child
abuse or neglect may not refuse to accept a report of suspected child
abuse or neglect from a mandated reporter or another person unless
otherwise authorized pursuant to this section, and shall maintain a
record of all reports received.


11165.11. As used in this article, "licensing agency" means the
State Department of Social Services office responsible for the
licensing and enforcement of the California Community Care
Facilities Act (Chapter 3 (commencing with Section 1500) of Division
2 of the Health and Safety Code), the California Child Day Care Act
(Chapter 3.4 (commencing with Section 1596.70) of Division 2 of the
Health and Safety Code), and Chapter 3.5 (commencing with Section
1596.90) of Division 2 of the Health and Safety Code), or the county
licensing agency which has contracted with the state for performance
of those duties.


11165.12. As used in this article, the following definitions shall
control:
(a) "Unfounded report" means a report that is determined by the
investigator who conducted the investigation to be false, to be
inherently improbable, to involve an accidental injury, or not to
constitute child abuse or neglect, as defined in Section 11165.6.
(b) "Substantiated report" means a report that is determined by
the investigator who conducted the investigation to constitute child
abuse or neglect, as defined in Section 11165.6, based upon evidence
that makes it more likely than not that child abuse or neglect, as
defined, occurred.
(c) "Inconclusive report" means a report that is determined by the
investigator who conducted the investigation not to be unfounded,
but the findings are inconclusive and there is insufficient evidence
to determine whether child abuse or neglect, as defined in Section
11165.6, has occurred.



11165.13. For purposes of this article, a positive toxicology
screen at the time of the delivery of an infant is not in and of
itself a sufficient basis for reporting child abuse or neglect.
However, any indication of maternal substance abuse shall lead to an
assessment of the needs of the mother and child pursuant to Section
123605 of the Health and Safety Code. If other factors are present
that indicate risk to a child, then a report shall be made. However,
a report based on risk to a child which relates solely to the
inability of the parent to provide the child with regular care due to
the parent's substance abuse shall be made only to a county welfare
or probation department, and not to a law enforcement agency.




11165.14. The appropriate local law enforcement agency shall
investigate a child abuse complaint filed by a parent or guardian of
a pupil with a school or an agency specified in Section 11165.9
against a school employee or other person that commits an act of
child abuse, as defined in this article, against a pupil at a
schoolsite and shall transmit a substantiated report, as defined in
Section 11165.12, of that investigation to the governing board of the
appropriate school district or county office of education. A
substantiated report received by a governing board of a school
district or county office of education shall be subject to the
provisions of Section 44031 of the Education Code.



11166. (a) Except as provided in subdivision (d), and in Section
11166.05, a mandated reporter shall make a report to an agency
specified in Section 11165.9 whenever the mandated reporter, in his
or her professional capacity or within the scope of his or her
employment, has knowledge of or observes a child whom the mandated
reporter knows or reasonably suspects has been the victim of child
abuse or neglect. The mandated reporter shall make an initial report
to the agency immediately or as soon as is practicably possible by
telephone and the mandated reporter shall prepare and send, fax, or
electronically transmit a written followup report thereof within 36
hours of receiving the information concerning the incident. The
mandated reporter may include with the report any nonprivileged
documentary evidence the mandated reporter possesses relating to the
incident.
(1) For the purposes of this article, "reasonable suspicion" means
that it is objectively reasonable for a person to entertain a
suspicion, based upon facts that could cause a reasonable person in a
like position, drawing, when appropriate, on his or her training and
experience, to suspect child abuse or neglect. For the purpose of
this article, the pregnancy of a minor does not, in and of itself,
constitute a basis for a reasonable suspicion of ***ual abuse.
(2) The agency shall be notified and a report shall be prepared
and sent, faxed, or electronically transmitted even if the child has
expired, regardless of whether or not the possible abuse was a factor
contributing to the death, and even if suspected child abuse was
discovered during an autopsy.
(3) Any report made by a mandated reporter pursuant to this
section shall be known as a mandated report.
(b) If after reasonable efforts a mandated reporter is unable to
submit an initial report by telephone, he or she shall immediately or
as soon as is practicably possible, by fax or electronic
transmission, make a one-time automated written report on the form
prescribed by the Department of Justice, and shall also be available
to respond to a telephone followup call by the agency with which he
or she filed the report. A mandated reporter who files a one-time
automated written report because he or she was unable to submit an
initial report by telephone is not required to submit a written
followup report.
(1) The one-time automated written report form prescribed by the
Department of Justice shall be clearly identifiable so that it is not
mistaken for a standard written followup report. In addition, the
automated one-time report shall contain a section that allows the
mandated reporter to state the reason the initial telephone call was
not able to be completed. The reason for the submission of the
one-time automated written report in lieu of the procedure prescribed
in subdivision (a) shall be captured in the Child Welfare
Services/Case Management System (CWS/CMS). The department shall work
with stakeholders to modify reporting forms and the CWS/CMS as is
necessary to accommodate the changes enacted by these provisions.
(2) This subdivision shall not become operative until the CWS/CMS
is updated to capture the information prescribed in this subdivision.

(3) This subdivision shall become inoperative three years after
this subdivision becomes operative or on January 1, 2009, whichever
occurs first.
(4) On the inoperative date of these provisions, a report shall be
submitted to the counties and the Legislature by the Department of
Social Services that reflects the data collected from automated
one-time reports indicating the reasons stated as to why the
automated one-time report was filed in lieu of the initial telephone
report.
(5) Nothing in this section shall supersede the requirement that a
mandated reporter first attempt to make a report via telephone, or
that agencies specified in Section 11165.9 accept reports from
mandated reporters and other persons as required.
(c) Any mandated reporter who fails to report an incident of known
or reasonably suspected child abuse or neglect as required by this
section is guilty of a misdemeanor punishable by up to six months
confinement in a county jail or by a fine of one thousand dollars
($1,000) or by both that imprisonment and fine. If a mandated
reporter intentionally conceals his or her failure to report an
incident known by the mandated reporter to be abuse or severe neglect
under this section, the failure to report is a continuing offense
until an agency specified in Section 11165.9 discovers the offense.
(d) (1) A clergy member who acquires knowledge or a reasonable
suspicion of child abuse or neglect during a penitential
communication is not subject to subdivision (a). For the purposes of
this subdivision, "penitential communication" means a communication,
intended to be in confidence, including, but not limited to, a
sacramental confession, made to a clergy member who, in the course of
the discipline or practice of his or her church, denomination, or
organization, is authorized or accustomed to hear those
communications, and under the discipline, tenets, customs, or
practices of his or her church, denomination, or organization, has a
duty to keep those communications secret.
(2) Nothing in this subdivision shall be construed to modify or
limit a clergy member's duty to report known or suspected child abuse
or neglect when the clergy member is acting in some other capacity
that would otherwise make the clergy member a mandated reporter.
(3) (A) On or before January 1, 2004, a clergy member or any
custodian of records for the clergy member may report to an agency
specified in Section 11165.9 that the clergy member or any custodian
of records for the clergy member, prior to January 1, 1997, in his or
her professional capacity or within the scope of his or her
employment, other than during a penitential communication, acquired
knowledge or had a reasonable suspicion that a child had been the
victim of ***ual abuse that the clergy member or any custodian of
records for the clergy member did not previously report the abuse to
an agency specified in Section 11165.9. The provisions of Section
11172 shall apply to all reports made pursuant to this paragraph.
(B) This paragraph shall apply even if the victim of the known or
suspected abuse has reached the age of majority by the time the
required report is made.
(C) The local law enforcement agency shall have jurisdiction to
investigate any report of child abuse made pursuant to this paragraph
even if the report is made after the victim has reached the age of
majority.
(e) Any commercial film and photographic print processor who has
knowledge of or observes, within the scope of his or her professional
capacity or employment, any film, photograph, videotape, negative,
or slide depicting a child under the age of 16 years engaged in an
act of ***ual conduct, shall report the instance of suspected child
abuse to the law enforcement agency having jurisdiction over the case
immediately, or as soon as practicably possible, by telephone and
shall prepare and send, fax, or electronically transmit a written
report of it with a copy of the film, photograph, videotape,
negative, or slide attached within 36 hours of receiving the
information concerning the incident. As used in this subdivision,
"***ual conduct" means any of the following:
(1) ***ual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite *** or between humans and animals.
(2) Penetration of the vagina or rectum by any object.
(3) Masturbation for the purpose of ***ual stimulation of the
viewer.
(4) Sadomasochistic abuse for the purpose of ***ual stimulation of
the viewer.
(5) Exhibition of the genitals, pubic, or rectal areas of any
person for the purpose of ***ual stimulation of the viewer.
(f) Any mandated reporter who knows or reasonably suspects that
the home or institution in which a child resides is unsuitable for
the child because of abuse or neglect of the child shall bring the
condition to the attention of the agency to which, and at the same
time as, he or she makes a report of the abuse or neglect pursuant to
subdivision (a).
(g) Any other person who has knowledge of or observes a child whom
he or she knows or reasonably suspects has been a victim of child
abuse or neglect may report the known or suspected instance of child
abuse or neglect to an agency specified in Section 11165.9. For
purposes of this section, "any other person" includes a mandated
reporter who acts in his or her private capacity and not in his or
her professional capacity or within the scope of his or her
employment.
(h) When two or more persons, who are required to report, jointly
have knowledge of a known or suspected instance of child abuse or
neglect, and when there is agreement among them, the telephone report
may be made by a member of the team selected by mutual agreement and
a single report may be made and signed by the selected member of the
reporting team. Any member who has knowledge that the member
designated to report has failed to do so shall thereafter make the
report.
(i) (1) The reporting duties under this section are individual,
and no supervisor or administrator may impede or inhibit the
reporting duties, and no person making a report shall be subject to
any sanction for making the report. However, internal procedures to
facilitate reporting and apprise supervisors and administrators of
reports may be established provided that they are not inconsistent
with this article.
(2) The internal procedures shall not require any employee
required to make reports pursuant to this article to disclose his or
her identity to the employer.
(3) Reporting the information regarding a case of possible child
abuse or neglect to an employer, supervisor, school principal, school
counselor, coworker, or other person shall not be a substitute for
making a mandated report to an agency specified in Section 11165.9.
(j) A county probation or welfare department shall immediately, or
as soon as practicably possible, report by telephone, fax, or
electronic transmission to the law enforcement agency having
jurisdiction over the case, to the agency given the responsibility
for investigation of cases under Section 300 of the Welfare and
Institutions Code, and to the district attorney's office every known
or suspected instance of child abuse or neglect, as defined in
Section 11165.6, except acts or omissions coming within subdivision
(b) of Section 11165.2, or reports made pursuant to Section 11165.13
based on risk to a child which relates solely to the inability of the
parent to provide the child with regular care due to the parent's
substance abuse, which shall be reported only to the county welfare
or probation department. A county probation or welfare department
also shall send, fax, or electronically transmit a written report
thereof within 36 hours of receiving the information concerning the
incident to any agency to which it makes a telephone report under
this subdivision.
(k) A law enforcement agency shall immediately, or as soon as
practicably possible, report by telephone, fax, or electronic
transmission to the agency given responsibility for investigation of
cases under Section 300 of the Welfare and Institutions Code and to
the district attorney's office every known or suspected instance of
child abuse or neglect reported to it, except acts or omissions
coming within subdivision (b) of Section 11165.2, which shall be
reported only to the county welfare or probation department. A law
enforcement agency shall report to the county welfare or probation
department every known or suspected instance of child abuse or
neglect reported to it which is alleged to have occurred as a result
of the action of a person responsible for the child's welfare, or as
the result of the failure of a person responsible for the child's
welfare to adequately protect the minor from abuse when the person
responsible for the child's welfare knew or reasonably should have
known that the minor was in danger of abuse. A law enforcement agency
also shall send, fax, or electronically transmit a written report
thereof within 36 hours of receiving the information concerning the
incident to any agency to which it makes a telephone report under
this subdivision.



11166.01. (a) Except as provided in subdivision (b), any supervisor
or administrator who violates paragraph (1) of subdivision (i) of
Section 11166 shall be punished by not more than six months in a
county jail, by a fine of not more than one thousand dollars
($1,000), or by both that fine and imprisonment.
(b) Notwithstanding Section 11162 or subdivision (c) of Section
11166, any mandated reporter who willfully fails to report abuse or
neglect, or any person who impedes or inhibits a report of abuse or
neglect, in violation of this article, where that abuse or neglect
results in death or great bodily injury, shall be punished by not
more than one year in a county jail, by a fine of not more than five
thousand dollars ($5,000), or by both that fine and imprisonment.



11166.05. Any mandated reporter who has knowledge of or who
reasonably suspects that a child is suffering serious emotional
damage or is at a substantial risk of suffering serious emotional
damage, evidenced by states of being or behavior, including, but not
limited to, severe anxiety, depression, withdrawal, or untoward
aggressive behavior toward self or others, may make a report to an
agency specified in Section 11165.9.



11166.1. (a) When an agency receives a report pursuant to Section
11166 that contains either of the following, it shall, within 24
hours, notify the licensing office with jurisdiction over the
facility:
(1) A report of abuse alleged to have occurred in facilities
licensed to care for children by the State Department of Social
Services.
(2) A report of the death of a child who was, at the time of
death, living at, enrolled in, or regularly attending a facility
licensed to care for children by the State Department of Social
Services, unless the circumstances of the child's death are clearly
unrelated to the child's care at the facility.
The agency shall send the licensing agency a copy of its
investigation and any other pertinent materials.
(b) Any employee of an agency specified in Section 11165.9 who has
knowledge of, or observes in his or her professional capacity or
within the scope of his or her employment, a child in protective
custody whom he or she knows or reasonably suspects has been the
victim of child abuse or neglect shall, within 36 hours, send or have
sent to the attorney who represents the child in dependency court, a
copy of the report prepared in accordance with Section 11166. The
agency shall maintain a copy of the written report. All information
requested by the attorney for the child or the child's guardian ad
litem shall be provided by the agency within 30 days of the request.




11166.2. In addition to the reports required under Section 11166,
any agency specified in Section 11165.9 shall immediately or as soon
as practically possible report by telephone, fax, or electronic
transmission to the appropriate licensing agency every known or
suspected instance of child abuse or neglect when the instance of
abuse or neglect occurs while the child is being cared for in a child
day care facility, involves a child day care licensed staff person,
or occurs while the child is under the supervision of a community
care facility or involves a community care facility licensee or staff
person. The agency shall also send, fax, or electronically transmit
a written report thereof within 36 hours of receiving the
information concerning the incident to any agency to which it makes a
telephone report under this subdivision. The agency shall send the
licensing agency a copy of its investigation report and any other
pertinent materials.


11166.3. (a) The Legislature intends that in each county the law
enforcement agencies and the county welfare or probation department
shall develop and implement cooperative arrangements in order to
coordinate existing duties in connection with the investigation of
suspected child abuse or neglect cases. The local law enforcement
agency having jurisdiction over a case reported under Section 11166
shall report to the county welfare or probation department that it is
investigating the case within 36 hours after starting its
investigation. The county welfare department or probation department
shall, in cases where a minor is a victim of actions specified in
Section 288 of this code and a petition has been filed pursuant to
Section 300 of the Welfare and Institutions Code with regard to the
minor, evaluate what action or actions would be in the best interest
of the child victim. Notwithstanding any other provision of law, the
county welfare department or probation department shall submit in
writing its findings and the reasons therefor to the district
attorney on or before the completion of the investigation. The
written findings and the reasons therefor shall be delivered or made
accessible to the defendant or his or her counsel in the manner
specified in Section 859.
(b) The local law enforcement agency having jurisdiction over a
case reported under Section 11166 shall report to the district office
of the State Department of Social Services any case reported under
this section if the case involves a facility specified in paragraph
(5) or (6) of subdivision (a) of Section 1502, Section 1596.750 or
1596.76 of the Health and Safety Code, and the licensing of the
facility has not been delegated to a county agency. The law
enforcement agency shall send a copy of its investigation report and
any other pertinent materials to the licensing agency upon the
request of the licensing agency.



11166.5. (a) On and after January 1, 1985, any mandated reporter as
specified in Section 11165.7, with the exception of child visitation
monitors, prior to commencing his or her employment, and as a
prerequisite to that employment, shall sign a statement on a form
provided to him or her by his or her employer to the effect that he
or she has knowledge of the provisions of Section 11166 and will
comply with those provisions. The statement shall inform the
employee that he or she is a mandated reporter and inform the
employee of his or her reporting obligations under Section 11166 and
of his or her confidentiality rights under subdivision (d) of Section
11167. The employer shall provide a copy of Sections 11165.7,
11166, and 11167 to the employee.
On and after January 1, 1993, any person who acts as a child
visitation monitor, as defined in paragraph (30) of subdivision (a)
of Section 11165.7, prior to engaging in monitoring the first visit
in a case, shall sign a statement on a form provided to him or her by
the court which ordered the presence of that third person during the
visit, to the effect that he or she has knowledge of the provisions
of Section 11166 and will comply with those provisions.
The signed statements shall be retained by the employer or the
court, as the case may be. The cost of printing, distribution, and
filing of these statements shall be borne by the employer or the
court.
This subdivision is not applicable to persons employed by public
or private youth centers, youth recreation programs, and youth
organizations as members of the support staff or maintenance staff
and who do not work with, observe, or have knowledge of children as
part of their official duties.
(b) On and after January 1, 1986, when a person is issued a state
license or certificate to engage in a profession or occupation, the
members of which are required to make a report pursuant to Section
11166, the state agency issuing the license or certificate shall send
a statement substantially similar to the one contained in
subdivision (a) to the person at the same time as it transmits the
document indicating licensure or certification to the person. In
addition to the requirements contained in subdivision (a), the
statement also shall indicate that failure to comply with the
requirements of Section 11166 is a misdemeanor, punishable by up to
six months in a county jail, by a fine of one thousand dollars
($1,000), or by both that imprisonment and fine.
(c) As an alternative to the procedure required by subdivision
(b), a state agency may cause the required statement to be printed on
all application forms for a license or certificate printed on or
after January 1, 1986.
(d) On and after January 1, 1993, any child visitation monitor, as
defined in paragraph (30) of subdivision (a) of Section 11165.7, who
desires to act in that capacity shall have received training in the
duties imposed by this article, including training in child abuse
identification and child abuse reporting. The person, prior to
engaging in monitoring the first visit in a case, shall sign a
statement on a form provided to him or her by the court which ordered
the presence of that third person during the visit, to the effect
that he or she has received this training. This statement may be
included in the statement required by subdivision (a) or it may be a
separate statement. This statement shall be filed, along with the
statement required by subdivision (a), in the court file of the case
for which the visitation monitoring is being provided.
(e) Any person providing services to a minor child, as described
in paragraph (37) of subdivision (a) of Section 11165.7, shall not be
required to make a report pursuant to Section 11166 unless that
person has received training, or instructional materials in the
appropriate language, on the duties imposed by this article,
including identifying and reporting child abuse and neglect.



11167. (a) Reports of suspected child abuse or neglect pursuant to
Section 11166 or Section 11166.05 shall include the name, business
address, and telephone number of the mandated reporter; the capacity
that makes the person a mandated reporter; and the information that
gave rise to the reasonable suspicion of child abuse or neglect and
the source or sources of that information. If a report is made, the
following information, if known, shall also be included in the
report: the child's name, the child's address, present location, and,
if applicable, school, grade, and class; the names, addresses, and
telephone numbers of the child's parents or guardians; and the name,
address, telephone number, and other relevant personal information
about the person or persons who might have abused or neglected the
child. The mandated reporter shall make a report even if some of this
information is not known or is uncertain to him or her.
(b) Information relevant to the incident of child abuse or neglect
may be given to an investigator from an agency that is investigating
the known or suspected case of child abuse or neglect.
(c) Information relevant to the incident of child abuse or
neglect, including the investigation report and other pertinent
materials, may be given to the licensing agency when it is
investigating a known or suspected case of child abuse or neglect.
(d) (1) The identity of all persons who report under this article
shall be confidential and disclosed only among agencies receiving or
investigating mandated reports, to the prosecutor in a criminal
prosecution or in an action initiated under Section 602 of the
Welfare and Institutions Code arising from alleged child abuse, or to
counsel appointed pursuant to subdivision (c) of Section 317 of the
Welfare and Institutions Code, or to the county counsel or prosecutor
in a proceeding under Part 4 (commencing with Section 7800) of
Division 12 of the Family Code or Section 300 of the Welfare and
Institutions Code, or to a licensing agency when abuse or neglect in
out-of-home care is reasonably suspected, or when those persons waive
confidentiality, or by court order.
(2) No agency or person listed in this subdivision shall disclose
the identity of any person who reports under this article to that
person's employer, except with the employee's consent or by court
order.
(e) Notwithstanding the confidentiality requirements of this
section, a representative of a child protective services agency
performing an investigation that results from a report of suspected
child abuse or neglect made pursuant to Section 11166 or Section
11166.05, at the time of the initial contact with the individual who
is subject to the investigation, shall advise the individual of the
complaints or allegations against him or her, in a manner that is
consistent with laws protecting the identity of the reporter under
this article.
(f) Persons who may report pursuant to subdivision (g) of Section
11166 are not required to include their names.




11167.5. (a) The reports required by Sections 11166 and 11166.2, or
authorized by Section 11166.05, and child abuse or neglect
investigative reports that result in a summary report being filed
with the Department of Justice pursuant to subdivision (a) of Section
11169 shall be confidential and may be disclosed only as provided in
subdivision (b). Any violation of the confidentiality provided by
this article is a misdemeanor punishable by imprisonment in a county
jail not to exceed six months, by a fine of five hundred dollars
($500), or by both that imprisonment and fine.
(b) Reports of suspected child abuse or neglect and information
contained therein may be disclosed only to the following:
(1) Persons or agencies to whom disclosure of the identity of the
reporting party is permitted under Section 11167.
(2) Persons or agencies to whom disclosure of information is
permitted under subdivision (b) of Section 11170 or subdivision (a)
of Section 11170.5.
(3) Persons or agencies with whom investigations of child abuse or
neglect are coordinated under the regulations promulgated under
Section 11174.
(4) Multidisciplinary personnel teams as defined in subdivision
(d) of Section 18951 of the Welfare and Institutions Code.
(5) Persons or agencies responsible for the licensing of
facilities which care for children, as specified in Section 11165.7.

(6) The State Department of Social Services or any county
licensing agency which has contracted with the state, as specified in
paragraph (4) of subdivision (b) of Section 11170, when an
individual has applied for a community care license or child day care
license, or for employment in an out-of-home care facility, or when
a complaint alleges child abuse or neglect by an operator or employee
of an out-of-home care facility.
(7) Hospital scan teams. As used in this paragraph, "hospital scan
team" means a team of three or more persons established by a
hospital, or two or more hospitals in the same county, consisting of
health care professionals and representatives of law enforcement and
child protective services, the members of which are engaged in the
identification of child abuse or neglect. The disclosure authorized
by this section includes disclosure among all hospital scan teams.
(8) Coroners and medical examiners when conducting a post mortem
examination of a child.
(9) The Board of Parole Hearings, which may subpoena an employee
of a county welfare department who can provide relevant evidence and
reports that both (A) are not unfounded, pursuant to Section
11165.12, and (B) concern only the current incidents upon which
parole revocation proceedings are pending against a parolee charged
with child abuse or neglect. The reports and information shall be
confidential pursuant to subdivision (d) of Section 11167.
(10) Personnel from an agency responsible for making a placement
of a child pursuant to Section 361.3 of, and Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of, the
Welfare and Institutions Code.
(11) Persons who have been identified by the Department of Justice
as listed in the Child Abuse Central Index pursuant to paragraph (7)
of subdivision (b) of Section 11170 or subdivision (c) of Section
11170, or persons who have verified with the Department of Justice
that they are listed in the Child Abuse Central Index as provided in
subdivision (f) of Section 11170. Disclosure under this paragraph is
required notwithstanding the California Public Records Act, Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code. Nothing in this paragraph shall preclude a
submitting agency prior to disclosure from redacting any information
necessary to maintain confidentiality as required by law.
(12) Out-of-state law enforcement agencies conducting an
investigation of child abuse or neglect only when an agency makes the
request for reports of suspected child abuse or neglect in writing
and on official letterhead, or as designated by the Department of
Justice, identifying the suspected abuser or victim by name and date
of birth or approximate age. The request shall be signed by the
department supervisor of the requesting law enforcement agency. The
written request shall cite the out-of-state statute or interstate
compact provision that requires that the information contained within
these reports is to be disclosed only to law enforcement,
prosecutorial entities, or multidisciplinary investigative teams, and
shall cite the safeguards in place to prevent unlawful disclosure
provided by the requesting state or the applicable interstate compact
provision.
(13) Out-of-state agencies responsible for approving prospective
foster or adoptive parents for placement of a child only when the
agency makes the request in compliance with the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248). The request
shall also cite the safeguards in place to prevent unlawful
disclosure provided by the requesting state or the applicable
interstate compact provision and indicate that the requesting state
shall maintain continual compliance with the requirement in paragraph
(20) of subdivision (a) of Section 671 of Title 42 of the United
States Code that requires the state have in place safeguards to
prevent the unauthorized disclosure of information in any child abuse
and neglect registry maintained by the state and prevent the
information from being used for a purpose other than the conducting
of background checks in foster or adoptive placement cases.
(14) Each chairperson of a county child death review team, or his
or her designee, to whom disclosure of information is permitted under
this article, relating to the death of one or more children and any
prior child abuse or neglect investigation reports maintained
involving the same victim, siblings, or suspects. Local child death
review teams may share any relevant information regarding case
reviews involving child death with other child death review teams.
(c) Authorized persons within county health departments shall be
permitted to receive copies of any reports made by health
practitioners, as defined in paragraphs (21) to (28), inclusive, of
subdivision (a) of Section 11165.7, and pursuant to Section 11165.13,
and copies of assessments completed pursuant to Sections 123600 and
123605 of the Health and Safety Code, to the extent permitted by
federal law. Any information received pursuant to this subdivision is
protected by subdivision (e).
(d) Nothing in this section requires the Department of Justice to
disclose information contained in records maintained under Section
11170 or under the regulations promulgated pursuant to Section 11174,
except as otherwise provided in this article.
(e) This section shall not be interpreted to allow disclosure of
any reports or records relevant to the reports of child abuse or
neglect if the disclosure would be prohibited by any other provisions
of state or federal law applicable to the reports or records
relevant to the reports of child abuse or neglect.



11168. The written reports required by Section 11166 shall be
submitted on forms adopted by the Department of Justice after
consultation with representatives of the various professional medical
associations and hospital associations and county probation or
welfare departments. Those forms shall be distributed by the
agencies specified in Section 11165.9.



11169. (a) An agency specified in Section 11165.9 shall forward to
the Department of Justice a report in writing of every case it
investigates of known or suspected child abuse or severe neglect
which is determined not to be unfounded, other than cases coming
within subdivision (b) of Section 11165.2. An agency shall not
forward a report to the Department of Justice unless it has conducted
an active investigation and determined that the report is not
unfounded, as defined in Section 11165.12. If a report has
previously been filed which subsequently proves to be unfounded, the
Department of Justice shall be notified in writing of that fact and
shall not retain the report. The reports required by this section
shall be in a form approved by the Department of Justice and may be
sent by fax or electronic transmission. An agency specified in
Section 11165.9 receiving a written report from another agency
specified in Section 11165.9 shall not send that report to the
Department of Justice.
(b) At the time an agency specified in Section 11165.9 forwards a
report in writing to the Department of Justice pursuant to
subdivision (a), the agency shall also notify in writing the known or
suspected child abuser that he or she has been reported to the Child
Abuse Central Index. The notice required by this section shall be
in a form approved by the Department of Justice. The requirements of
this subdivision shall apply with respect to reports forwarded to
the department on or after the date on which this subdivision becomes
operative.
(c) Agencies shall retain child abuse or neglect investigative
reports that result in a report filed with the Department of Justice
pursuant to subdivision (a) for the same period of time that the
information is required to be maintained on the Child Abuse Central
Index pursuant to this section and subdivision (a) of Section 11170.
Nothing in this section precludes an agency from retaining the
reports for a longer period of time if required by law.
(d) The immunity provisions of Section 11172 shall not apply to
the submission of a report by an agency pursuant to this section.
However, nothing in this section shall be construed to alter or
diminish any other immunity provisions of state or federal law.



11170. (a) (1) The Department of Justice shall maintain an index of
all reports of child abuse and severe neglect submitted pursuant to
Section 11169. The index shall be continually updated by the
department and shall not contain any reports that are determined to
be unfounded. The department may adopt rules governing recordkeeping
and reporting pursuant to this article.
(2) The department shall act only as a repository of reports of
suspected child abuse and severe neglect to be maintained in the
Child Abuse Central Index pursuant to paragraph (1). The submitting
agencies are responsible for the accuracy, completeness, and
retention of the reports described in this section. The department
shall be responsible for ensuring that the Child Abuse Central Index
accurately reflects the report it receives from the submitting
agency.
(3) Information from an inconclusive or unsubstantiated report
filed pursuant to subdivision (a) of Section 11169 shall be deleted
from the Child Abuse Central Index after 10 years if no subsequent
report concerning the same suspected child abuser is received within
that time period. If a subsequent report is received within that
10-year period, information from any prior report, as well as any
subsequently filed report, shall be maintained on the Child Abuse
Central Index for a period of 10 years from the time the most recent
report is received by the department.
(b) (1) The Department of Justice shall immediately notify an
agency that submits a report pursuant to Section 11169, or a
prosecutor who requests notification, of any information maintained
pursuant to subdivision (a) that is relevant to the known or
suspected instance of child abuse or severe neglect reported by the
agency. The agency shall make that information available to the
reporting medical practitioner, child custodian, guardian ad litem
appointed under Section 326, or counsel appointed under Section 317
or 318 of the Welfare and Institutions Code, or the appropriate
licensing agency, if he or she is treating or investigating a case of
known or suspected child abuse or severe neglect.
(2) When a report is made pursuant to subdivision (a) of Section
11166, or Section 11166.05, the investigating agency, upon completion
of the investigation or after there has been a final disposition in
the matter, shall inform the person required or authorized to report,
of the results of the investigation and of any action the agency is
taking with regard to the child or family.
(3) The Department of Justice shall make available to a law
enforcement agency, county welfare department, or county probation
department that is conducting a child abuse investigation, relevant
information contained in the index.
(4) The department shall make available to the State Department of
Social Services, or to any county licensing agency that has
contracted with the state for the performance of licensing duties, or
to a tribal court or tribal child welfare agency of a tribe or
consortium of tribes that has entered into an agreement with the
state pursuant to Section 10553.1 of the Welfare and Institutions
Code, information regarding a known or suspected child abuser
maintained pursuant to this section and subdivision (a) of Section
11169 concerning any person who is an applicant for licensure or any
adult who resides or is employed in the home of an applicant for
licensure or who is an applicant for employment in a position having
supervisorial or disciplinary power over a child or children, or who
will provide 24-hour care for a child or children in a residential
home or facility, pursuant to Section 1522.1 or 1596.877 of the
Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the
Family Code.
(5) The Department of Justice shall make available to a Court
Appointed Special Advocate program that is conducting a background
investigation of an applicant seeking employment with the program or
a volunteer position as a Court Appointed Special Advocate, as
defined in Section 101 of the Welfare and Institutions Code,
information contained in the index regarding known or suspected child
abuse by the applicant.
(6) For purposes of child death review, the Department of Justice
shall make available to the chairperson, or the chairperson's
designee, for each county child death review team, or the State Child
Death Review Council, information maintained in the Child Abuse
Central Index pursuant to subdivision (a) of Section 11170 relating
to the death of one or more children and any prior child abuse or
neglect investigation reports maintained involving the same victims,
siblings, or suspects. Local child death review teams may share any
relevant information regarding case reviews involving child death
with other child death review teams.
(7) The department shall make available to investigative agencies
or probation officers, or court investigators acting pursuant to
Section 1513 of the Probate Code, responsible for placing children or
assessing the possible placement of children pursuant to Article 6
(commencing with Section 300), Article 7 (commencing with Section
305), Article 10 (commencing with Section 360), or Article 14
(commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of
the Welfare and Institutions Code, Article 2 (commencing with
Section 1510) or Article 3 (commencing with Section 1540) of Chapter
1 of Part 2 of Division 4 of the Probate Code, information regarding
a known or suspected child abuser contained in the index concerning
any adult residing in the home where the child may be placed, when
this information is requested for purposes of ensuring that the
placement is in the best interest of the child. Upon receipt of
relevant information concerning child abuse or neglect investigation
reports contained in the index from the Department of Justice
pursuant to this subdivision, the agency or court investigator shall
notify, in writing, the person listed in the Child Abuse Central
Index that he or she is in the index. The notification shall include
the name of the reporting agency and the date of the report.
(8) The Department of Justice shall make available to a government
agency conducting a background investigation pursuant to Section
1031 of the Government Code of an applicant seeking employment as a
peace officer, as defined in Section 830, information regarding a
known or suspected child abuser maintained pursuant to this section
concerning the applicant.
(9) (A) Persons or agencies, as specified in subdivision (b), if
investigating a case of known or suspected child abuse or neglect, or
the State Department of Social Services or any county licensing
agency pursuant to paragraph (4), or a Court Appointed Special
Advocate program conducting a background investigation for employment
or volunteer candidates pursuant to paragraph (5), or an
investigative agency, probation officer, or court investigator
responsible for placing children or assessing the possible placement
of children pursuant to paragraph (7), or a government agency
conducting a background investigation of an applicant seeking
employment as a peace officer pursuant to paragraph (8), to whom
disclosure of any information maintained pursuant to subdivision (a)
is authorized, are responsible for obtaining the original
investigative report from the reporting agency, and for drawing
independent conclusions regarding the quality of the evidence
disclosed, and its sufficiency for making decisions regarding
investigation, prosecution, licensing, placement of a child,
employment or volunteer positions with a CASA program, or employment
as a peace officer.
(B) If Child Abuse Central Index information is requested by an
agency for the temporary placement of a child in an emergency
situation pursuant to Article 7 (commencing with Section 305) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, the department is exempt from the requirements of Section
1798.18 of the Civil Code if compliance would cause a delay in
providing an expedited response to the agency's inquiry and if
further delay in placement may be detrimental to the child.
(10) (A) Whenever information contained in the Department of
Justice files is furnished as the result of an application for
employment or licensing pursuant to paragraph (4), (5), or (8), the
Department of Justice may charge the person or entity making the
request a fee. The fee shall not exceed the reasonable costs to the
department of providing the information. The only increase shall be
at a rate not to exceed the legislatively approved cost-of-living
adjustment for the department. In no case shall the fee exceed
fifteen dollars ($15).
(B) All moneys received by the department pursuant to this section
to process trustline applications for purposes of Chapter 3.35
(commencing with Section 1596.60) of Division 2 of the Health and
Safety Code shall be deposited in a special account in the General
Fund that is hereby established and named the Department of Justice
Child Abuse Fund. Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process trustline automated child
abuse or neglect system checks pursuant to this section.
(C) All moneys, other than that described in subparagraph (B),
received by the department pursuant to this paragraph shall be
deposited in a special account in the General Fund which is hereby
created and named the Department of Justice ***ual Habitual Offender
Fund. The funds shall be available, upon appropriation by the
Legislature, for expenditure by the department to offset the costs
incurred pursuant to Chapter 9.5 (commencing with Section 13885) and
Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and
the DNA and Forensic Identification Data Base and Data Bank Act of
1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1),
and for maintenance and improvements to the statewide ***ual Habitual
Offender Program and the California DNA offender identification file
(CAL-DNA) authorized by Chapter 9.5 (commencing with Section 13885)
of Title 6 of Part 4 and the DNA and Forensic Identification Data
Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section
295) of Title 9 of Part 1).
(c) The Department of Justice shall make available to any agency
responsible for placing children pursuant to Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare
and Institutions Code, upon request, relevant information concerning
child abuse or neglect reports contained in the index, when making a
placement with a responsible relative pursuant to Sections 281.5,
305, and 361.3 of the Welfare and Institutions Code. Upon receipt of
relevant information concerning child abuse or neglect reports
contained in the index from the Department of Justice pursuant to
this subdivision, the agency shall also notify in writing the person
listed in the Child Abuse Central Index that he or she is in the
index. The notification shall include the location of the original
investigative report and the submitting agency. The notification
shall be submitted to the person listed at the same time that all
other parties are notified of the information, and no later than the
actual judicial proceeding that determines placement.
If Child Abuse Central Index information is requested by an agency
for the placement of a child with a responsible relative in an
emergency situation pursuant to Article 7 (commencing with Section
305) of Chapter 2 of Part 1 of Division 2 of the Welfare and
Institutions Code, the department is exempt from the requirements of
Section 1798.18 of the Civil Code if compliance would cause a delay
in providing an expedited response to the child protective agency's
inquiry and if further delay in placement may be detrimental to the
child.
(d) The department shall make available any information maintained
pursuant to subdivision (a) to out-of-state law enforcement agencies
conducting investigations of known or suspected child abuse or
neglect only when an agency makes the request for information in
writing and on official letterhead, or as designated by the
department, identifying the suspected abuser or victim by name and
date of birth or approximate age. The request shall be signed by the
department supervisor of the requesting law enforcement agency. The
written requests shall cite the out-of-state statute or interstate
compact provision that requires that the information contained within
these reports shall be disclosed only to law enforcement,
prosecutorial entities, or multidisciplinary investigative teams, and
shall cite the safeguards in place to prevent unlawful disclosure of
any confidential information provided by the requesting state or the
applicable interstate compact provision.
(e) (1) The department shall make available to an out-of-state
agency, for purposes of approving a prospective foster or adoptive
parent in compliance with the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248), information regarding a known or
suspected child abuser maintained pursuant to subdivision (a)
concerning the prospective foster or adoptive parent, and any other
adult living in the home of the prospective foster or adoptive
parent. The department shall make that information available only
when the out-of-state agency makes the request indicating that
continual compliance will be maintained with the requirement in
paragraph (20) of subdivision (a) of Section 671 of Title 42 of the
United States Code that requires the state to have in place
safeguards to prevent the unauthorized disclosure of information in
any child abuse and neglect registry maintained by the state and
prevent the information from being used for a purpose other than the
conducting of background checks in foster or adoption placement
cases.
(2) With respect to any information provided by the department in
response to the out-of-state agency's request, the out-of-state
agency is responsible for obtaining the original investigative report
from the reporting agency, and for drawing independent conclusions
regarding the quality of the evidence disclosed and its sufficiency
for making decisions regarding the approval of prospective foster or
adoptive parents.
(3) (A) Whenever information contained in the index is furnished
pursuant to this subdivision, the department shall charge the
out-of-state agency making the request a fee. The fee shall not
exceed the reasonable costs to the department of providing the
information. The only increase shall be at a rate not to exceed the
legislatively approved cost-of-living adjustment for the department.
In no case shall the fee exceed fifteen dollars ($15).
(B) All moneys received by the department pursuant to this
subdivision shall be deposited in the Department of Justice Child
Abuse Fund, established under subparagraph (B) of paragraph (10) of
subdivision (b). Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process requests for information
pursuant to this subdivision.
(f) (1) Any person may determine if he or she is listed in the
Child Abuse Central Index by making a request in writing to the
Department of Justice. The request shall be notarized and include the
person's name, address, date of birth, and either a social security
number or a California identification number. Upon receipt of a
notarized request, the Department of Justice shall make available to
the requesting person information identifying the date of the report
and the submitting agency. The requesting person is responsible for
obtaining the investigative report from the submitting agency
pursuant to paragraph (11) of subdivision (b) of Section 11167.5.
(2) No person or agency shall require or request another person to
furnish a copy of a record concerning himself or herself, or
notification that a record concerning himself or herself exists or
does not exist, pursuant to paragraph (1) of this subdivision.
(g) If a person is listed in the Child Abuse Central Index only as
a victim of child abuse or neglect, and that person is 18 years of
age or older, that person may have his or her name removed from the
index by making a written request to the Department of Justice. The
request shall be notarized and include the person's name, address,
social security number, and date of birth.



11170. (a) (1) The Department of Justice shall maintain an index of
all reports of child abuse and severe neglect submitted pursuant to
Section 11169. The index shall be continually updated by the
department and shall not contain any reports that are determined to
be unfounded. The department may adopt rules governing recordkeeping
and reporting pursuant to this article.
(2) The department shall act only as a repository of reports of
suspected child abuse and severe neglect to be maintained in the
Child Abuse Central Index pursuant to paragraph (1). The submitting
agencies are responsible for the accuracy, completeness, and
retention of the reports described in this section. The department
shall be responsible for ensuring that the Child Abuse Central Index
accurately reflects the report it receives from the submitting
agency.
(3) Information from an inconclusive or unsubstantiated report
filed pursuant to subdivision (a) of Section 11169 shall be deleted
from the Child Abuse Central Index after 10 years if no subsequent
report concerning the same suspected child abuser is received within
that time period. If a subsequent report is received within that
10-year period, information from any prior report, as well as any
subsequently filed report, shall be maintained on the Child Abuse
Central Index for a period of 10 years from the time the most recent
report is received by the department.
(b) (1) The Department of Justice shall immediately notify an
agency that submits a report pursuant to Section 11169, or a
prosecutor who requests notification, of any information maintained
pursuant to subdivision (a) that is relevant to the known or
suspected instance of child abuse or severe neglect reported by the
agency. The agency shall make that information available to the
reporting medical practitioner, child custodian, guardian ad litem
appointed under Section 326, or counsel appointed under Section 317
or 318 of the Welfare and Institutions Code, or the appropriate
licensing agency, if he or she is treating or investigating a case of
known or suspected child abuse or severe neglect.
(2) When a report is made pursuant to subdivision (a) of Section
11166, or Section 11166.05, the investigating agency, upon completion
of the investigation or after there has been a final disposition in
the matter, shall inform the person required or authorized to report
of the results of the investigation and of any action the agency is
taking with regard to the child or family.
(3) The Department of Justice shall make available to a law
enforcement agency, county welfare department, or county probation
department that is conducting a child abuse investigation relevant
information contained in the index.
(4) The department shall make available to the State Department of
Social Services, or to any county licensing agency that has
contracted with the state for the performance of licensing duties, or
to a tribal court or tribal child welfare agency of a tribe or
consortium of tribes that has entered into an agreement with the
state pursuant to Section 10553.1 of the Welfare and Institutions
Code, information regarding a known or suspected child abuser
maintained pursuant to this section and subdivision (a) of Section
11169 concerning any person who is an applicant for licensure or any
adult who resides or is employed in the home of an applicant for
licensure or who is an applicant for employment in a position having
supervisorial or disciplinary power over a child or children, or who
will provide 24-hour care for a child or children in a residential
home or facility, pursuant to Section 1522.1 or 1596.877 of the
Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the
Family Code.
(5) The Department of Justice shall make available to a Court
Appointed Special Advocate program that is conducting a background
investigation of an applicant seeking employment with the program or
a volunteer position as a Court Appointed Special Advocate, as
defined in Section 101 of the Welfare and Institutions Code,
information contained in the index regarding known or suspected child
abuse by the applicant.
(6) For purposes of child death review, the Department of Justice
shall make available to the chairperson, or the chairperson's
designee, for each county child death review team, or the State Child
Death Review Council, information maintained in the Child Abuse
Central Index pursuant to subdivision (a) of Section 11170 relating
to the death of one or more children and any prior child abuse or
neglect investigation reports maintained involving the same victims,
siblings, or suspects. Local child death review teams may share any
relevant information regarding case reviews involving child death
with other child death review teams.
(7) The department shall make available to investigative agencies
or probation officers, or court investigators acting pursuant to
Section 1513 of the Probate Code, responsible for placing children or
assessing the possible placement of children pursuant to Article 6
(commencing with Section 300), Article 7 (commencing with Section
305), Article 10 (commencing with Section 360), or Article 14
(commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of
the Welfare and Institutions Code, Article 2 (commencing with
Section 1510) or Article 3 (commencing with Section 1540) of Chapter
1 of Part 2 of Division 4 of the Probate Code, information regarding
a known or suspected child abuser contained in the index concerning
any adult residing in the home where the child may be placed, when
this information is requested for purposes of ensuring that the
placement is in the best interest of the child. Upon receipt of
relevant information concerning child abuse or neglect investigation
reports contained in the index from the Department of Justice
pursuant to this subdivision, the agency or court investigator shall
notify, in writing, the person listed in the Child Abuse Central
Index that he or she is in the index. The notification shall include
the name of the reporting agency and the date of the report.
(8) The Department of Justice shall make available to a government
agency conducting a background investigation pursuant to Section
1031 of the Government Code of an applicant seeking employment as a
peace officer, as defined in Section 830, information regarding a
known or suspected child abuser maintained pursuant to this section
concerning the applicant.
(9) The Department of Justice shall make available to a county
child welfare agency or delegated county adoption agency, as defined
in Section 8515 of the Family Code, conducting a background
investigation, or a government agency conducting a background
investigation on behalf of one of those agencies, information
regarding a known or suspected child abuser maintained pursuant to
this section and subdivision (a) of Section 11169 concerning any
applicant seeking employment or volunteer status with the agency who,
in the course of his or her employment or volunteer work, will have
direct contact with children who are alleged to have been, are at
risk of, or have suffered, abuse or neglect.
(10) (A) Persons or agencies, as specified in subdivision (b), if
investigating a case of known or suspected child abuse or neglect, or
the State Department of Social Services or any county licensing
agency pursuant to paragraph (4), or a Court Appointed Special
Advocate program conducting a background investigation for employment
or volunteer candidates pursuant to paragraph (5), or an
investigative agency, probation officer, or court investigator
responsible for placing children or assessing the possible placement
of children pursuant to paragraph (7), or a government agency
conducting a background investigation of an applicant seeking
employment as a peace officer pursuant to paragraph (8), or a county
child welfare agency or delegated county adoption agency conducting a
background investigation of an applicant seeking employment or
volunteer status who, in the course of his or her employment or
volunteer work, will have direct contact which children who are
alleged to have been, are at risk of, or have suffered, abuse or
neglect, pursuant to paragraph (9), to whom disclosure of any
information maintained pursuant to subdivision (a) is authorized, are
responsible for obtaining the original investigative report from the
reporting agency, and for drawing independent conclusions regarding
the quality of the evidence disclosed, and its sufficiency for making
decisions regarding investigation, prosecution, licensing, placement
of a child, employment or volunteer positions with a CASA program,
or employment as a peace officer.
(B) If Child Abuse Central Index information is requested by an
agency for the temporary placement of a child in an emergency
situation pursuant to Article 7 (commencing with Section 305) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, the department is exempt from the requirements of Section
1798.18 of the Civil Code if compliance would cause a delay in
providing an expedited response to the agency's inquiry and if
further delay in placement may be detrimental to the child.
(11) (A) Whenever information contained in the Department of
Justice files is furnished as the result of an application for
employment or licensing or volunteer status pursuant to paragraph
(4), (5), (8), or (9), the Department of Justice may charge the
person or entity making the request a fee. The fee shall not exceed
the reasonable costs to the department of providing the information.
The only increase shall be at a rate not to exceed the legislatively
approved cost-of-living adjustment for the department. In no case
shall the fee exceed fifteen dollars ($15).
(B) All moneys received by the department pursuant to this section
to process trustline applications for purposes of Chapter 3.35
(commencing with Section 1596.60) of Division 2 of the Health and
Safety Code shall be deposited in a special account in the General
Fund that is hereby established and named the Department of Justice
Child Abuse Fund. Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process trustline automated child
abuse or neglect system checks pursuant to this section.
(C) All moneys, other than that described in subparagraph (B),
received by the department pursuant to this paragraph shall be
deposited in a special account in the General Fund which is hereby
created and named the Department of Justice ***ual Habitual Offender
Fund. The funds shall be available, upon appropriation by the
Legislature, for expenditure by the department to offset the costs
incurred pursuant to Chapter 9.5 (commencing with Section 13885) and
Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and
the DNA and Forensic Identification Data Base and Data Bank Act of
1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1),
and for maintenance and improvements to the statewide ***ual Habitual
Offender Program and the California DNA offender identification file
(CAL-DNA) authorized by Chapter 9.5 (commencing with Section 13885)
of Title 6 of Part 4 and the DNA and Forensic Identification Data
Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section
295) of Title 9 of Part 1).
(c) The Department of Justice shall make available to any agency
responsible for placing children pursuant to Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare
and Institutions Code, upon request, relevant information concerning
child abuse or neglect reports contained in the index, when making a
placement with a responsible relative pursuant to Sections 281.5,
305, and 361.3 of the Welfare and Institutions Code. Upon receipt of
relevant information concerning child abuse or neglect reports
contained in the index from the Department of Justice pursuant to
this subdivision, the agency shall also notify in writing the person
listed in the Child Abuse Central Index that he or she is in the
index. The notification shall include the location of the original
investigative report and the submitting agency. The notification
shall be submitted to the person listed at the same time that all
other parties are notified of the information, and no later than the
actual judicial proceeding that determines placement.
If Child Abuse Central Index information is requested by an agency
for the placement of a child with a responsible relative in an
emergency situation pursuant to Article 7 (commencing with Section
305) of Chapter 2 of Part 1 of Division 2 of the Welfare and
Institutions Code, the department is exempt from the requirements of
Section 1798.18 of the Civil Code if compliance would cause a delay
in providing an expedited response to the child protective agency's
inquiry and if further delay in placement may be detrimental to the
child.
(d) The department shall make available any information maintained
pursuant to subdivision (a) to out-of-state law enforcement agencies
conducting investigations of known or suspected child abuse or
neglect only when an agency makes the request for information in
writing and on official letterhead, or as designated by the
department, identifying the suspected abuser or victim by name and
date of birth or approximate age. The request shall be signed by the
department supervisor of the requesting law enforcement agency. The
written requests shall cite the out-of-state statute or interstate
compact provision that requires that the information contained within
these reports shall be disclosed only to law enforcement,
prosecutorial entities, or multidisciplinary investigative teams, and
shall cite the safeguards in place to prevent unlawful disclosure of
any confidential information provided by the requesting state or the
applicable interstate compact provision.
(e) (1) The department shall make available to an out-of-state
agency, for purposes of approving a prospective foster or adoptive
parent in compliance with the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248), information regarding a known or
suspected child abuser maintained pursuant to subdivision (a)
concerning the prospective foster or adoptive parent, and any other
adult living in the home of the prospective foster or adoptive
parent. The department shall make that information available only
when the out-of-state agency makes the request indicating that
continual compliance will be maintained with the requirement in
paragraph (20) of subdivision (a) of Section 671 of Title 42 of the
United States Code that requires the state to have in place
safeguards to prevent the unauthorized disclosure of information in
any child abuse and neglect registry maintained by the state and
prevent the information from being used for a purpose other than the
conducting of background checks in foster or adoption placement
cases.
(2) With respect to any information provided by the department in
response to the out-of-state agency's request, the out-of-state
agency is responsible for obtaining the original investigative report
from the reporting agency, and for drawing independent conclusions
regarding the quality of the evidence disclosed and its sufficiency
for making decisions regarding the approval of prospective foster or
adoptive parents.
(3) (A) Whenever information contained in the index is furnished
pursuant to this subdivision, the department shall charge the
out-of-state agency making the request a fee. The fee shall not
exceed the reasonable costs to the department of providing the
information. The only increase shall be at a rate not to exceed the
legislatively approved cost-of-living adjustment for the department.
In no case shall the fee exceed fifteen dollars ($15).
(B) All moneys received by the department pursuant to this
subdivision shall be deposited in the Department of Justice Child
Abuse Fund, established under subparagraph (B) of paragraph (11) of
subdivision (b). Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process requests for information
pursuant to this subdivision.
(f) (1) Any person may determine if he or she is listed in the
Child Abuse Central Index by making a request in writing to the
Department of Justice. The request shall be notarized and include the
person's name, address, date of birth, and either a social security
number or a California identification number. Upon receipt of a
notarized request, the Department of Justice shall make available to
the requesting person information identifying the date of the report
and the submitting agency. The requesting person is responsible for
obtaining the investigative report from the submitting agency
pursuant to paragraph (11) of subdivision (b) of Section 11167.5.
(2) No person or agency shall require or request another person to
furnish a copy of a record concerning himself or herself, or
notification that a record concerning himself or herself exists or
does not exist, pursuant to paragraph (1) of this subdivision.
(g) If a person is listed in the Child Abuse Central Index only as
a victim of child abuse or neglect, and that person is 18 years of
age or older, that person may have his or her name removed from the
index by making a written request to the Department of Justice. The
request shall be notarized and include the person's name, address,
social security number, and date of birth.



11170.5. (a) Notwithstanding paragraph (4) of subdivision (b) of
Section 11170, the Department of Justice shall make available to a
licensed adoption agency, as defined in Section 8530 of the Family
Code, information regarding a known or suspected child abuser
maintained in the Child Abuse Central Index, pursuant to subdivision
(a) of Section 11170, concerning any person who has submitted to the
agency an application for adoption.
(b) A licensed adoption agency, to which disclosure of any
information pursuant to subdivision (a) is authorized, is responsible
for obtaining the original investigative report from the reporting
agency, and for drawing independent conclusions regarding the quality
of the evidence disclosed and the sufficiency of the evidence for
making decisions when evaluating an application for adoption.
(c) Whenever information contained in the Department of Justice
files is furnished as the result of an application for adoption
pursuant to subdivision (a), the Department of Justice may charge the
agency making the request a fee. The fee shall not exceed the
reasonable costs to the department of providing the information. The
only increase shall be at a rate not to exceed the legislatively
approved cost-of-living adjustment for the department. In no case
shall the fee exceed fifteen dollars ($15).
All moneys received by the department pursuant to this subdivision
shall be deposited in the Department of Justice ***ual Habitual
Offender Fund pursuant to subparagraph (C) of paragraph (9) of
subdivision (b) of Section 11170.



11171. (a) (1) The Legislature hereby finds and declares that
adequate protection of victims of child physical abuse or neglect has
been hampered by the lack of consistent and comprehensive medical
examinations.
(2) Enhancing examination procedures, documentation, and evidence
collection relating to child abuse or neglect will improve the
investigation and prosecution of child abuse or neglect as well as
other child protection efforts.
(b) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall, in cooperation with the State
Department of Social Services, the Department of Justice, the
California Association of Crime Lab Directors, the California
District Attorneys Association, the California State Sheriffs
Association, the California Peace Officers Association, the
California Medical Association, the California Police Chiefs'
Association, child advocates, the California Medical Training Center,
child protective services, and other appropriate experts, establish
medical forensic forms, instructions, and examination protocols for
victims of child physical abuse or neglect using as a model the form
and guidelines developed pursuant to Section 13823.5.
(c) The forms shall include, but not be limited to, a place for
notation concerning each of the following:
(1) Any notification of injuries or any report of suspected child
physical abuse or neglect to law enforcement authorities or children'
s protective services, in accordance with existing reporting
procedures.
(2) Addressing relevant consent issues, if indicated.
(3) The taking of a patient history of child physical abuse or
neglect that includes other relevant medical history.
(4) The performance of a physical examination for evidence of
child physical abuse or neglect.
(5) The collection or documentation of any physical evidence of
child physical abuse or neglect, including any recommended
photographic procedures.
(6) The collection of other medical or forensic specimens,
including drug ingestion or toxication, as indicated.
(7) Procedures for the preservation and disposition of evidence.
(8) Complete documentation of medical forensic exam findings with
recommendations for diagnostic studies, including blood tests and
X-rays.
(9) An assessment as to whether there are findings that indicate
physical abuse or neglect.
(d) The forms shall become part of the patient's medical record
pursuant to guidelines established by the advisory committee of the
agency or agencies designated by the Director of Finance pursuant to
Section 13820 and subject to the confidentiality laws pertaining to
the release of a medical forensic examination records.
(e) The forms shall be made accessible for use on the Internet.




11171.2. (a) A physician and surgeon or dentist or their agents
and by their direction may take skeletal X-rays of the child without
the consent of the child's parent or guardian, but only for purposes
of diagnosing the case as one of possible child abuse or neglect and
determining the extent of the child abuse or neglect.
(b) Neither the physician-patient privilege nor the
psychotherapist-patient privilege applies to information reported
pursuant to this article in any court proceeding or administrative
hearing.


11171.5. (a) If a peace officer, in the course of an investigation
of child abuse or neglect, has reasonable cause to believe that the
child has been the victim of physical abuse, the officer may apply to
a magistrate for an order directing that the victim be X-rayed
without parental consent.
Any X-ray taken pursuant to this subdivision shall be administered
by a physician and surgeon or dentist or their agents.
(b) With respect to the cost of an X-ray taken by the county
coroner or at the request of the county coroner in suspected child
abuse or neglect cases, the county may charge the parent or legal
guardian of the child-victim the costs incurred by the county for the
X-ray.
(c) No person who administers an X-ray pursuant to this section
shall be entitled to reimbursement from the county for any
administrative cost that exceeds 5 percent of the cost of the X-ray.




11172. (a) No mandated reporter shall be civilly or criminally
liable for any report required or authorized by this article, and
this immunity shall apply even if the mandated reporter acquired the
knowledge or reasonable suspicion of child abuse or neglect outside
of his or her professional capacity or outside the scope of his or
her employment. Any other person reporting a known or suspected
instance of child abuse or neglect shall not incur civil or criminal
liability as a result of any report authorized by this article unless
it can be proven that a false report was made and the person knew
that the report was false or was made with reckless disregard of the
truth or falsity of the report, and any person who makes a report of
child abuse or neglect known to be false or with reckless disregard
of the truth or falsity of the report is liable for any damages
caused. No person required to make a report pursuant to this article,
nor any person taking photographs at his or her direction, shall
incur any civil or criminal liability for taking photographs of a
suspected victim of child abuse or neglect, or causing photographs to
be taken of a suspected victim of child abuse or neglect, without
parental consent, or for disseminating the photographs with the
reports required by this article. However, this section shall not be
construed to grant immunity from this liability with respect to any
other use of the photographs.
(b) Any person, who, pursuant to a request from a government
agency investigating a report of suspected child abuse or neglect,
provides the requesting agency with access to the victim of a known
or suspected instance of child abuse or neglect shall not incur civil
or criminal liability as a result of providing that access.
(c) (1) The Legislature finds that even though it has provided
immunity from liability to persons required or authorized to make
reports pursuant to this article, that immunity does not eliminate
the possibility that actions may be brought against those persons
based upon required or authorized reports. In order to further limit
the financial hardship that those persons may incur as a result of
fulfilling their legal responsibilities, it is necessary that they
not be unfairly burdened by legal fees incurred in defending those
actions. Therefore, a mandated reporter may present a claim to the
California Victim
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Child Death Review Teams


11174.32. (a) Each county may establish an interagency child death
review team to assist local agencies in identifying and reviewing
suspicious child deaths and facilitating communication among persons
who perform autopsies and the various persons and agencies involved
in child abuse or neglect cases. Interagency child death review teams
have been used successfully to ensure that incidents of child abuse
or neglect are recognized and other siblings and nonoffending family
members receive the appropriate services in cases where a child has
expired.
(b) Each county may develop a protocol that may be used as a
guideline by persons performing autopsies on children to assist
coroners and other persons who perform autopsies in the
identification of child abuse or neglect, in the determination of
whether child abuse or neglect contributed to death or whether child
abuse or neglect had occurred prior to but was not the actual cause
of death, and in the proper written reporting procedures for child
abuse or neglect, including the designation of the cause and mode of
death.
(c) In developing an interagency child death review team and an
autopsy protocol, each county, working in consultation with local
members of the California State Coroner's Association and county
child abuse prevention coordinating councils, may solicit suggestions
and final comments from persons, including, but not limited to, the
following:
(1) Experts in the field of forensic pathology.
(2) Pediatricians with expertise in child abuse.
(3) Coroners and medical examiners.
(4) Criminologists.
(5) District attorneys.
(6) Child protective services staff.
(7) Law enforcement personnel.
(8) Representatives of local agencies which are involved with
child abuse or neglect reporting.
(9) County health department staff who deals with children's
health issues.
(10) Local professional associations of persons described in
paragraphs (1) to (9), inclusive.
(d) Records exempt from disclosure to third parties pursuant to
state or federal law shall remain exempt from disclosure when they
are in the possession of a child death review team.
(e) (1) No less than once each year, each child death review team
shall make available to the public findings, conclusions and
recommendations of the team, including aggregate statistical data on
the incidences and causes of child deaths.
(2) In its report, the child death review team shall withhold the
last name of the child that is subject to a review or the name of the
deceased child's siblings unless the name has been publicly
disclosed or is required to be disclosed by state law, federal law,
or court order.


11174.33. Subject to available funding, the Attorney General,
working with the California Consortium of Child Abuse Councils, shall
develop a protocol for the development and implementation of
interagency child death teams for use by counties, which shall
include relevant procedures for both urban and rural counties. The
protocol shall be designed to facilitate communication among persons
who perform autopsies and the various persons and agencies involved
in child abuse or neglect cases so that incidents of child abuse or
neglect are recognized and other siblings and nonoffending family
members receive the appropriate services in cases where a child has
expired. The protocol shall be completed on or before January 1,
1991.



11174.34. (a) (1) The purpose of this section shall be to
coordinate and integrate state and local efforts to address fatal
child abuse or neglect, and to create a body of information to
prevent child deaths.
(2) It is the intent of the Legislature that the California State
Child Death Review Council, the Department of Justice, the State
Department of Social Services, the State Department of Health
Services, and state and local child death review teams shall share
data and other information necessary from the Department of Justice
Child Abuse Central Index and Supplemental Homicide File, the State
Department of Health Services Vital Statistics and the Department of
Social Services Child Welfare Services/Case Management System files
to establish accurate information on the nature and extent of child
abuse or neglect related fatalities in California as those documents
relate to child fatality cases. Further, it is the intent of the
Legislature to ensure that records of child abuse or neglect related
fatalities are entered into the State Department of Social Services,
Child Welfare Services/Case Management System. It is also the intent
that training and technical assistance be provided to child death
review teams and professionals in the child protection system
regarding multiagency case review.
(b) (1) It shall be the duty of the California State Child Death
Review Council to oversee the statewide coordination and integration
of state and local efforts to address fatal child abuse or neglect
and to create a body of information to prevent child deaths. The
Department of Justice, the State Department of Social Services, the
State Department of Health Services, the California Coroner's
Association, the County Welfare Directors Association, Prevent Child
Abuse California, the California Homicide Investigators Association,
the agency or agencies designated by the Director of Finance pursuant
to Section 13820, the Inter-Agency Council on Child Abuse and
Neglect/National Center on Child Fatality Review, the California
Conference of Local Health Officers, the California Conference of
Local Directors of Maternal, Child, and Adolescent Health, the
California Conference of Local Health Department Nursing Directors,
the California District Attorneys Association, and at least three
regional representatives, chosen by the other members of the council,
working collaboratively for the purposes of this section, shall be
known as the California State Child Death Review Council. The
council shall select a chairperson or cochairpersons from the
members.
(2) The Department of Justice is hereby authorized to carry out
the purposes of this section by coordinating council activities and
working collaboratively with the agencies and organizations in
paragraph (1), and may consult with other representatives of other
agencies and private organizations, to help accomplish the purpose of
this section.
(c) Meetings of the agencies and organizations involved shall be
convened by a representative of the Department of Justice. All
meetings convened between the Department of Justice and any
organizations required to carry out the purpose of this section shall
take place in this state. There shall be a minimum of four meetings
per calendar year.
(d) To accomplish the purpose of this section, the Department of
Justice and agencies and organizations involved shall engage in the
following activities:
(1) Analyze and interpret state and local data on child death in
an annual report to be submitted to local child death review teams
with copies to the Governor and the Legislature, no later than July 1
each year. Copies of the report shall also be distributed to public
officials in the state who deal with child abuse issues and to those
agencies responsible for child death investigation in each county.
The report shall contain, but not be limited to, information provided
by state agencies and the county child death review teams for the
preceding year.
The state data shall include the Department of Justice Child Abuse
Central Index and Supplemental Homicide File, the State Department
of Health Services Vital Statistics, and the State Department of
Social Services Child Welfare Services/Case Management System.
(2) In conjunction with the agency or agencies designated by the
Director of Finance pursuant to Section 13820, coordinate statewide
and local training for county death review teams and the members of
the teams, including, but not limited to, training in the application
of the interagency child death investigation protocols and
procedures established under Sections 11166.7 and 11166.8 to identify
child deaths associated with abuse or neglect.
(e) The State Department of Health Services, in collaboration with
the California State Child Death Review Council, shall design, test
and implement a statewide child abuse or neglect fatality tracking
system incorporating information collected by local child death
review teams. The department shall:
(1) Establish a minimum case selection criteria and review
protocols of local child death review teams.
(2) Develop a standard child death review form with a minimum core
set of data elements to be used by local child death review teams,
and collect and analyze that data.
(3) Establish procedural safeguards in order to maintain
appropriate confidentiality and integrity of the data.
(4) Conduct annual reviews to reconcile data reported to the State
Department of Health Services Vital Statistics, Department of
Justice Homicide Files and Child Abuse Central Index, and the State
Department of Social Services Child Welfare Services/Case Management
System data systems, with data provided from local child death review
teams.
(5) Provide technical assistance to local child death review teams
in implementing and maintaining the tracking system.
(6) This subdivision shall become operative on July 1, 2000, and
shall be implemented only to the extent that funds are appropriated
for its purposes in the Budget Act.
(f) Local child death review teams shall participate in a
statewide child abuse or neglect fatalities monitoring system by:
(1) Meeting the minimum standard protocols set forth by the State
Department of Health Services in collaboration with the California
State Child Death Review Council.
(2) Using the standard data form to submit information on child
abuse or neglect fatalities in a timely manner established by the
State Department of Health Services.
(g) The California State Child Death Review Council shall monitor
the implementation of the monitoring system and incorporate the
results and findings of the system and review into an annual report.

(h) The Department of Justice shall direct the creation,
maintenance, updating, and distribution electronically and by paper,
of a statewide child death review team directory, which shall contain
the names of the members of the agencies and private organizations
participating under this section, and the members of local child
death review teams and local liaisons to those teams. The department
shall work in collaboration with members of the California State
Child Death Review Council to develop a directory of professional
experts, resources, and information from relevant agencies and
organizations and local child death review teams, and to facilitate
regional working relationships among teams. The Department of
Justice shall maintain and update these directories annually.
(i) The agencies or private organizations participating under this
section shall participate without reimbursement from the state.
Costs incurred by participants for travel or per diem shall be borne
by the participant agency or organization. The participants shall be
responsible for collecting and compiling information to be included
in the annual report. The Department of Justice shall be responsible
for printing and distributing the annual report using available
funds and existing resources.
(j) The agency or agencies designated by the Director of Finance
pursuant to Section 13820, in coordination with the State Department
of Social Services, the Department of Justice, and the California
State Child Death Review Council shall contract with state or
nationally recognized organizations in the area of child death review
to conduct statewide training and technical assistance for local
child death review teams and relevant organizations, develop
standardized definitions for fatal child abuse or neglect, develop
protocols for the investigation of fatal child abuse or neglect, and
address relevant issues such as grief and mourning, data collection,
training for medical personnel in the identification of child abuse
or neglect fatalities, domestic violence fatality review, and other
related topics and programs. The provisions of this subdivision
shall only be implemented to the extent that the agency or agencies
designated by the Director of Finance pursuant to Section 13820 can
absorb the costs of implementation within its current funding, or to
the extent that funds are appropriated for its purposes in the Budget
Act.
(k) Law enforcement and child welfare agencies shall cross-report
all cases of child death suspected to be related to child abuse or
neglect whether or not the deceased child has any known surviving
siblings.
(l) County child welfare agencies shall create a record in the
Child Welfare Services/Case Management System (CWS/CMS) on all cases
of child death suspected to be related to child abuse or neglect,
whether or not the deceased child has any known surviving siblings.
Upon notification that the death was determined not to be related to
child abuse or neglect, the child welfare agency shall enter that
information into the Child Welfare Services/Case Management System.



11174.35. The State Department of Social Services shall work with
state and local child death review teams and child protective
services agencies in order to identify child death cases that were,
or should have been, reported to or by county child protective
services agencies. Findings made pursuant to this section shall be
used to determine the extent of child abuse or neglect fatalities
occurring in families known to child protective services agencies and
to define child welfare training needs for reporting,
cross-reporting, data integration, and involvement by child
protective services agencies in multiagency review in child deaths.
The State Department of Social Services, the State Department of
Health Services, and the Department of Justice shall develop a plan
to track and maintain data on child deaths from abuse or neglect, and
submit this plan, not later than December 1, 1997, to the Senate
Committee on Health and Human Services, the Assembly Committee on
Human Services, and the chairs of the fiscal committees of the
Legislature.
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Elder Death Review Teams

11174.4. The following definitions shall govern the construction of
this article, unless the context requires otherwise:
(a) "Elder" means any person who is 65 years of age or older.
(b) (1) "Abuse" means any of the conduct described in Article 2
(commencing with Section 15610) of Chapter 11 of Part 3 of Division 9
of the Welfare and Institutions Code.
(2) Abuse does not include the use of any reasonable and necessary
force that may result in an injury used by a peace officer acting
within the course of his or her employment as a peace officer.




11174.5. (a) Each county may establish an interagency elder death
team to assist local agencies in identifying and reviewing suspicious
elder deaths and facilitating communication among persons who
perform autopsies and the various persons and agencies involved in
elder abuse or neglect cases.
(b) Each county may develop a protocol that may be used as a
guideline by persons performing autopsies on elder adults to assist
coroners and other persons who perform autopsies in the
identification of elder abuse, in the determination of whether elder
abuse or neglect contributed to death or whether elder abuse or
neglect had occurred prior to but was not the actual cause of death,
and in the proper written reporting procedures for elder abuse or
neglect, including the designation of the cause and mode of death.




11174.6. County elder death review teams may be comprised of, but
not limited to, the following:
(a) Experts in the field of forensic pathology.
(b) Medical personnel with expertise in elder abuse and neglect.
(c) Coroners and medical examiners.
(d) District attorneys and city attorneys.
(e) County or local staff including, but not limited to:
(1) Adult protective services staff.
(2) Public administrator, guardian, and conservator staff.
(3) County health department staff who deal with elder health
issues.
(4) County counsel.
(f) County and state law enforcement personnel.
(g) Local long-term care ombudsman.
(h) Community care licensing staff and investigators.
(i) Geriatric mental health experts.
(j) Criminologists.
(k) Representatives of local agencies that are involved with
oversight of adult protective services and reporting elder abuse or
neglect.
(l) Local professional associations of persons described in
subdivisions (a) to (k), inclusive.



11174.7. (a) An oral or written communication or a document shared
within or produced by an elder death review team related to an elder
death review is confidential and not subject to disclosure or
discoverable by another third party.
(b) An oral or written communication or a document provided by a
third party to an elder death review team, or between a third party
and an elder death review team, is confidential and not subject to
disclosure or discoverable by a third party.
(c) Notwithstanding subdivisions (a) and (b), recommendations of
an elder death review team upon the completion of a review may be
disclosed at the discretion of a majority of the members of the elder
death review team.


11174.8. (a) Each organization represented on an elder death review
team may share with other members of the team information in its
possession concerning the decedent who is the subject of the review
or any person who was in contact with the decedent and any other
information deemed by the organization to be pertinent to the review.
Any information shared by an organization with other members of a
team is confidential. The intent of this subdivision is to permit
the disclosure to members of the team of any information deemed
confidential, privileged, or prohibited from disclosure by any other
provision of law.
(b) (1) Written and oral information may be disclosed to an elder
death review team established pursuant to this section. The team may
make a request in writing for the information sought and any person
with information of the kind described in paragraph (3) may rely on
the request in determining whether information may be disclosed to
the team.
(2) No individual or agency that has information governed by this
subdivision shall be required to disclose information. The intent of
this subdivision is to allow the voluntary disclosure of information
by the individual or agency that has the information.
(3) The following information may be disclosed pursuant to this
subdivision:
(A) Notwithstanding Section 56.10 of the Civil Code, medical
information.
(B) Notwithstanding Section 5328 of the Welfare and Institutions
Code, mental health information.
(C) Notwithstanding Section 15633.5 of the Welfare and
Institutions Code, information from elder abuse reports and
investigations, except the identity of persons who have made reports,
which shall not be disclosed.
(D) State summary criminal history information, criminal offender
record information, and local summary criminal history information,
as defined in Sections 11075, 11105, and 13300.
(E) Notwithstanding Section 11163.2, information pertaining to
reports by health practitioners of persons suffering from physical
injuries inflicted by means of a firearm or of persons suffering
physical injury where the injury is a result of assaultive or abusive
conduct.
(F) Information provided to probation officers in the course of
the performance of their duties, including, but not limited to, the
duty to prepare reports pursuant to Section 1203.10, as well as the
information on which these reports are based.
(G) Notwithstanding Section 10825 of the Welfare and Institutions
Code, records relating to in-home supportive services, unless
disclosure is prohibited by federal law.
(c) Written and oral information may be disclosed under this
section notwithstanding Sections 2263, 2918, 4982, and 6068 of the
Business and Professions Code, the lawyer-client privilege protected
by Article 3 (commencing with Section 950) of Chapter 4 of Division 8
of the Evidence Code, the physician-patient privilege protected by
Article 6 (commencing with Section 990) of Chapter 4 of Division 8 of
the Evidence Code, and the psychotherapist-patient privilege
protected by Article 7 (commencing with Section 1010) of Chapter 4 of
Division 8 of the Evidence Code.


11174.9. Information gathered by the elder death review team and
any recommendations made by the team shall be used by the county to
develop education, prevention, and if necessary, prosecution
strategies that will lead to improved coordination of services for
families and the elder population.
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Uniform Act for Out-of-State Parolee Supervision

11175. This article may be cited as the Uniform Act for
Out-of-State Probationer or Parolee Supervision.



11176. Pursuant to the authority vested in this State by that
certain act of Congress, approved June 6, 1934, and entitled "An act
granting the consent of Congress to any two or more states to enter
into agreements or compacts for cooperative effort and mutual
assistance in the prevention of crime, and for other purposes," the
Governor is hereby authorized and directed to enter into a compact or
compacts on behalf of this State with any of the United States
legally joining therein.



11177. The compact or compacts authorized by Section 11176 shall be
in substantially the following form:
A compact entered into by and among the contracting states,
signatories hereto, with the consent of the Congress of the United
States of America, granted by an act entitled "An act granting the
consent of Congress to any two or more states to enter into
agreements or compacts for cooperative effort and mutual assistance
in the prevention of crime and for other purposes."
The contracting states solemnly agree:
(1) That it shall be competent for the duly constituted judicial
and administrative authorities of a state party to this compact
(herein called "sending state"), to permit any person convicted of an
offense within such state and placed on probation or released on
parole to reside in any other state party to this compact (herein
called "receiving state") while on probation or parole, if
(a) Such person is in fact a resident of or has his family
residing within the receiving state and can obtain employment there;
(b) Though not a resident of the receiving state and not having
his family residing there, the receiving state consents to such
person being sent there.
Before granting such permission, opportunity shall be granted to
the receiving state to investigate the home and prospective
employment of such person.
A resident of the receiving state, within the meaning of this
section, is one who has been an actual inhabitant of such state
continuously for more than one year prior to his coming to the
sending state and has not resided within the sending state more than
six continuous months immediately preceding the commission of the
offense for which he has been convicted.
(2) That each receiving state will assume the duties of visitation
of and supervision over probationers or parolees of any sending
state and in the exercise of those duties will be governed by the
same standards that prevail for its own probationers and parolees.
(3) That duly accredited officers of a sending state may at all
times enter a receiving state and there apprehend and retake any
person on probation or parole. For that purpose no formalities will
be required other than establishing the authority of the officer and
the identity of the person to be retaken. All legal requirements to
obtain extradition of fugitives from justice are hereby expressly
waived on the part of states party hereto, as to such persons. The
decision of the sending state to retake a person on probation or
parole shall be conclusive upon and not reviewable within the
receiving state. If at the time when a state seeks to retake a
probationer or parolee there should be pending against him within the
receiving state any criminal charge, or he should be suspected of
having committed within such state a criminal offense, he shall not
be retaken without the consent of the receiving state until
discharged from prosecution or from imprisonment for such offense.
(4) That the duly accredited officers of the sending state will be
permitted to transport prisoners being retaken through any and all
states parties to this compact, without interference.
(5) That the governor of each state may designate an officer who,
acting jointly with like officers of other contracting states, if and
when appointed, shall promulgate such rules and regulations as may
be deemed necessary to more effectively carry out the terms of this
compact.
(6) That this compact shall become operative immediately upon its
ratification by any state as between it and any other state or states
so ratifying. When ratified it shall have the full force and effect
of law within such state, the form of ratification to be in
accordance with the laws of the ratifying state.
(7) That this compact shall continue in force and remain binding
upon each ratifying state until renounced by it. The duties and
obligations hereunder of a renouncing state shall continue as to
parolees or probationers residing therein at the time of withdrawal
until retaken or finally discharged by the sending state.
Renunciation of this compact shall be by the same authority which
ratified it, by sending six months' notice in writing of its
intention to withdraw from the compact to the other states party
hereto.



11177.1. (a) Before a probationer or parolee may be returned to the
sending state under this compact, he shall have a right to counsel
and to a hearing before a magistrate to determine whether he is in
fact a probationer or parolee who was allowed to reside in this or
any other state pursuant to this compact, whether his return to the
sending state has been ordered, and whether there is probable cause
to believe he is the same person whose return is sought. At the
hearing, the magistrate shall accept certified copies of probation or
parole documents showing that this compact has been invoked and that
the probationer or parolee has been ordered returned to the sending
state, and these documents shall constitute conclusive proof of their
contents. If the magistrate concludes that the probationer or
parolee is subject to the terms of this compact, an order shall be
issued forthwith directing the delivery to the sending state of the
probationer or parolee.
(b) If the probationer or parolee or his counsel desires to test
the legality of the order issued under subdivision (a), the
magistrate shall fix a reasonable time to be allowed him within which
to apply for a writ of habeas corpus. If the writ is denied and
probable cause appears for an application for a writ of habeas corpus
to another court, or justice or judge thereof, the order denying the
writ shall fix a reasonable time within which the accused may again
apply for a writ of habeas corpus.



11177.2. (a) No parolee or inmate may be released on parole to
reside in any other receiving state if the parolee or inmate is
subject to an unsatisfied order of restitution to a victim or a
restitution fine within the sending state.
(b) A parolee or inmate may be granted an exception to the
prohibition in subdivision (a) if the parolee or inmate posts a bond
for the amount of the restitution order.
(c) A parolee or inmate may petition the court for a hearing to
determine whether, in the interests of justice, the prohibition
against leaving the state should be waived. This section shall not
be construed to allow the reduction or waiver of a restitution order
or fine.


11177.5. The officer designated by the Governor pursuant to
subdivision 5 of Section 11177 of this code may deputize any person
regularly employed by another state to act as an officer and agent of
this State in effecting the return of any person who has violated
the terms and conditions of parole or probation as granted by this
State. In any matter relating to the return of such a person, any
agent so deputized shall have all the powers of a police officer of
this State.
Any deputization pursuant to this section shall be in writing and
any person authorized to act as an agent of this State pursuant
hereto shall carry formal evidence of his deputization and shall
produce the same upon demand.


11177.6. The officer designated by the Governor pursuant to
subdivision 5 of Section 11177 of this code may, subject to the
approval of the Department of General Services, enter into contracts
with similar officials of any other state or states for the purpose
of sharing an equitable portion of the cost of effecting the return
of any person who has violated the terms and conditions of parole or
probation as granted by this state.



11178. If any portion of this article is held unconstitutional,
such decision shall not affect the validity of any other portions of
this act.


11179. This article and compacts made pursuant thereto shall be
construed as separate and distinct from any act or acts of this State
relating to the extradition of fugitives from justice.
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Interstate Compact for Adult Offender
Supervision



11180. The Interstate Compact for Adult Offender Supervision as
contained herein is hereby enacted into law and entered into on
behalf of the state with any and all other states legally joining
therein in a form substantially as follows:

Preamble

Whereas: The interstate compact for the supervision of Parolees
and Probationers was established in 1937. It is the earliest
corrections "compact" established among the states and has not been
amended since its adoption over 62 years ago.
Whereas: This compact is the only vehicle for the controlled
movement of adult parolees and probationers across state lines and it
currently has jurisdiction over more than a quarter of a million
offenders.
Whereas: The complexities of the compact have become more
difficult to administer, and many jurisdictions have expanded
supervision expectations to include currently unregulated practices
such as victim input, victim notification requirements, and ***
offender registration.
Whereas: After hearings, national surveys, and a detailed study
by a task force appointed by the National Institute of Corrections,
the overwhelming recommendation has been to amend the document to
bring about an effective management capacity that addresses public
safety concerns and offender accountability.
Whereas: Upon the adoption of this Interstate Compact for Adult
Offender Supervision, it is the intention of the Legislature to
repeal the previous Interstate Compact for the Supervision of
Parolees and Probationers as to those states that have ratified this
compact.

Be it enacted by the General Assembly (Legislature) of the state
of California.

Short title: This Act may be cited as The Interstate Compact for
Adult Offender Supervision.

Article I. Purpose

The compacting states to this Interstate Compact recognize that
each state is responsible for the supervision of adult offenders in
the community who are authorized pursuant to the Bylaws and Rules of
this compact to travel across state lines both to and from each
compacting state in a manner so as to track the location of
offenders, transfer supervision authority in an orderly and efficient
manner, and when necessary return offenders to the originating
jurisdictions. The compacting states also recognize that Congress,
by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has
authorized and encouraged compacts for cooperative efforts and mutual
assistance in the prevention of crime. It is the purpose of this
compact and the Interstate Commission created hereunder, through
means of joint and cooperative action among the compacting states:
to provide the framework for the promotion of public safety and
protect the rights of victims through the control and regulation of
the interstate movement of offenders in the community; to provide for
the effective tracking, supervision, and rehabilitation of these
offenders by the sending and receiving states; and to equitably
distribute the costs, benefits, and obligations of the compact among
the compacting states. In addition, this compact will: create an
Interstate Commission which will establish uniform procedures to
manage the movement between states of adults placed under community
supervision and released to the community under the jurisdiction of
courts, paroling authorities, corrections or other criminal justice
agencies which will promulgate rules to achieve the purpose of this
compact; ensure an opportunity for input and timely notice to victims
and to jurisdictions where defined offenders are authorized to
travel or to relocate across state lines; establish a system of
uniform data collection, access to information on active cases by
authorized criminal justice officials, and regular reporting of
Compact activities to heads of state councils, state executive,
judicial, and legislative branches and criminal justice
administrators; monitor compliance with rules governing interstate
movement of offenders and initiate interventions to address and
correct non-compliance; and coordinate training and education
regarding regulations of interstate movement of offenders for
officials involved in these types of activities. The compacting
states recognize that there is no "right" of any offender to live in
another state and that duly accredited officers of a sending state
may at all times enter a receiving state and there apprehend and
retake any offender under supervision subject to the provisions of
this compact and Bylaws and Rules promulgated hereunder. It is the
policy of the compacting states that the activities conducted by the
Interstate Commission created herein are the formation of public
policies and are therefore public business.

Article II. Definitions

As used in this compact, unless the context clearly requires a
different construction:
"Adult" means both individuals legally classified as adults and
juveniles treated as adults by court order, statute, or operation of
law.
"By-laws" mean those by-laws established by the Interstate
Commission for its governance, or for directing or controlling the
Interstate Commission's actions or conduct.
"Compact Administrator" means the individual in each compacting
state appointed pursuant to the terms of this compact responsible for
the administration and management of the state's supervision and
transfer of offenders subject to the terms of this compact, the rules
adopted by the Interstate Commission and policies adopted by the
State Council under this compact.
"Compacting state" means any state which has enacted the enabling
legislation for this compact.
"Commissioner" means the voting representative of each compacting
state appointed pursuant to Article III of this compact.
"Interstate Commission" means the Interstate Commission for Adult
Offender Supervision established by this compact.
"Member" means the commissioner of a compacting state or designee,
who shall be a person officially connected with the commissioner.
"Non Compacting state" means any state which has not enacted the
enabling legislation for this compact.
"Offender" means an adult placed under, or subject to, supervision
as the result of the commission of a criminal offense and released
to the community under the jurisdiction of courts, paroling
authorities, corrections, or other criminal justice agencies.
"Person" means any individual, corporation, business enterprise,
or other legal entity, either public or private.
"Rules" means acts of the Interstate Commission, duly promulgated
pursuant to Article VIII of this compact, substantially affecting
interested parties in addition to the Interstate Commission, which
shall have the force and effect of law in the compacting states.
"State" means a state of the United States, the District of
Columbia, and any other territorial possessions of the United States.

"State Council" means the resident members of the State Council
for Interstate Adult Offender Supervision created by each state under
Article III of this compact.

Article III. The Compact Commission

The compacting states hereby create the "Interstate Commission for
Adult Offender Supervision."
The Interstate Commission shall be a body corporate and joint
agency of the compacting states.
The Interstate Commission shall have all the responsibilities,
powers, and duties set forth herein, including the power to sue and
be sued, and whatever additional powers as may be conferred upon it
by subsequent action of the respective legislatures of the compacting
states in accordance with the terms of this compact.
The Interstate Commission shall consist of Commissioners selected
and appointed by resident members of the State Council for Interstate
Adult Offender Supervision for each state. In addition to the
Commissioners who are the voting representatives of each state, the
Interstate Commission shall include individuals who are not
commissioners but who are members of interested organizations; these
noncommissioner members must include a member of the national
organizations of governors, legislators, state chief justices,
attorneys general and crime victims. All noncommissioner members of
the Interstate Commission shall be ex-officio (nonvoting) members.
The Interstate Commission may provide in its by-laws for these
additional, ex-officio, nonvoting members as it deems necessary.
Each compacting state represented at any meeting of the Interstate
Commission is entitled to one vote. A majority of the compacting
states shall constitute a quorum for the transaction of business,
unless a larger quorum is required by the by-laws of the Interstate
Commission. The Interstate Commission shall meet at least once each
calendar year. The chairperson may call additional meetings and,
upon the request of 27 or more compacting states, shall call
additional meetings. Public notice shall be given of all meetings
and meetings shall be open to the public.
The Interstate Commission shall establish an Executive Committee
which shall include commission officers, members and others as shall
be determined by the By-laws. The Executive Committee shall have the
power to act on behalf of the Interstate Commission during periods
when the Interstate Commission is not in session, with the exception
of rulemaking and/or amendment to the Compact. The Executive
Committee oversees the day-to-day activities managed by the Executive
Director and Interstate Commission staff; administers enforcement
and compliance with the provisions of the compact, its by-laws and as
directed by the Interstate Commission and performs other duties as
directed by the Commission or set forth in the By-laws.

Article IV. The State Council

Each member state shall create a State Council for Interstate
Adult Offender Supervision which shall be responsible for the
appointment of the commissioner who shall serve on the Interstate
Commission from that state. Each state council shall appoint as its
commissioner the Compact Administrator from that state to serve on
the Interstate Commission in this capacity under or pursuant to
applicable law of the member state. While each member state may
determine the membership of its own state council, its membership
must include at least one representative from the legislative,
judicial, and executive branches of government, victims groups and
compact administrators. Each compacting state retains the right to
determine the qualifications of the Compact Administrator who shall
be appointed by the state council or by the Governor in consultation
with the Legislature and the Judiciary. In addition to appointment
of its commissioner to the National Interstate Commission, each state
council shall exercise oversight and advocacy concerning its
participation in Interstate Commission activities and other duties as
may be determined by each member state, including, but not limited
to, development of policy concerning operations and procedures of the
compact within that state.

Article V. Powers and Duties of the Interstate Commission

The Interstate Commission shall have the following powers:
To adopt a seal and suitable by-laws governing the management and
operation of the Interstate Commission.
To promulgate rules which shall have the force and effect of
statutory law and shall be binding in the compacting states to the
extent and in the manner provided in this compact.
To oversee, supervise and coordinate the interstate movement of
offenders subject to the terms of this compact and any by-laws
adopted and rules promulgated by the compact commission.
To enforce compliance with compact provisions, Interstate
Commission rules, and by-laws, using all necessary and proper means,
including, but not limited to, the use of judicial process.
To establish and maintain offices.
To purchase and maintain insurance and bonds.
To borrow, accept, or contract for services of personnel,
including, but not limited to, members and their staffs.
To establish and appoint committees and hire staff which it deems
necessary for the carrying out of its functions including, but not
limited to, an executive committee as required by Article III which
shall have the power to act on behalf of the Interstate Commission in
carrying out its powers and duties hereunder.
To elect or appoint officers, attorneys, employees, agents, or
consultants, and to fix their compensation, define their duties and
determine their qualifications; and to establish the Interstate
Commission's personnel policies and programs relating to, among other
things, conflicts of interest, rates of compensation, and
qualifications of personnel.
To accept any and all donations and grants of money, equipment,
supplies, materials, and services, and to receive, utilize, and
dispose of same.
To lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve or use any property, real, personal,
or mixed.
To sell, convey, mortgage, pledge, lease, exchange, abandon, or
otherwise dispose of any property, real, personal or mixed.
To establish a budget and make expenditures and levy dues as
provided in Article X of this compact.
To sue and be sued.
To provide for dispute resolution among Compacting States.
To perform whatever functions as may be necessary or appropriate
to achieve the purposes of this compact.
To report annually to the legislatures, governors, judiciary, and
state councils of the compacting states concerning the activities of
the Interstate Commission during the preceding year. These reports
shall also include any recommendations that may have been adopted by
the Interstate Commission.
To coordinate education, training and public awareness regarding
the interstate movement of offenders for officials involved in these
activities.
To establish uniform standards for the reporting, collecting, and
exchanging of data.

Article VI. Organization and Operation of the Interstate
Commission

Section A. By-laws
The Interstate Commission shall, by a majority of the Members,
within twelve months of the first Interstate Commission meeting,
adopt By-laws to govern its conduct as may be necessary or
appropriate to carry out the purposes of the Compact, including, but
not limited to:
Establishing the fiscal year of the Interstate Commission.
Establishing an executive committee and other committees as may be
necessary.
Providing reasonable standards and procedures:
(i) For the establishment of committees.
(ii) Governing any general or specific delegation of any authority
or function of the Interstate Commission; providing reasonable
procedures for calling and conducting meetings of the Interstate
Commission, and ensuring reasonable notice of each meeting;
establishing the titles and responsibilities of the officers of the
Interstate Commission; providing reasonable standards and procedures
for the establishment of the personnel policies and programs of the
Interstate Commission. Notwithstanding any civil service or other
similar laws of any Compacting State, the By-laws shall exclusively
govern the personnel policies and programs of the Interstate
Commission; and providing a mechanism for winding up the operations
of the Interstate Commission and the equitable return of any surplus
funds that may exist upon the termination of the Compact after the
payment and/or reserving of all of its debts and obligations;
providing transition rules for "start up" administration of the
compact; establishing standards and procedures for compliance and
technical assistance in carrying out the compact.
Section B. Officers and Staff
The Interstate Commission shall, by a majority of the Members,
elect from among its Members a chairperson and a vice chairperson,
each of whom shall have authorities and duties as may be specified in
the By-laws. The chairperson, or in his or her absence or
disability, the vice chairperson, shall preside at all meetings of
the Interstate Commission. The Officers so elected shall serve
without compensation or remuneration from the Interstate Commission;
provided that, subject to the availability of budgeted funds, the
officers shall be reimbursed for any actual and necessary costs and
expenses incurred by them in the performance of their duties and
responsibilities as officers of the Interstate Commission.
The Interstate Commission shall, through its executive committee,
appoint or retain an executive director for a period, upon terms and
conditions and for compensation as the Interstate Commission may deem
appropriate. The executive director shall serve as secretary to the
Interstate Commission, and hire and supervise other staff as may be
authorized by the Interstate Commission, but shall not be a member.
Section C. Corporate Records of the Interstate Commission
The Interstate Commission shall maintain its corporate books and
records in accordance with the By-laws.
Section D. Qualified Immunity, Defense and Indemnification
The Members, officers, executive director and employees of the
Interstate Commission shall be immune from suit and liability, either
personally or in their official capacity, for any claim for damage
to or loss of property or personal injury or other civil liability
caused or arising out of any actual or alleged act, error or omission
that occurred within the scope of Interstate Commission employment,
duties or responsibilities; provided, that nothing in this paragraph
shall be construed to protect anyone from suit and/or liability for
any damage, loss, injury or liability caused by their intentional or
willful and wanton misconduct. The Interstate Commission shall
defend the Commissioner of a Compacting State, or his or her
representatives or employees, or the Interstate Commission's
representatives or employees, in any civil action seeking to impose
liability, arising out of any actual or alleged act, error or
omission that occurred within the scope of Interstate Commission
employment, duties or responsibilities, or that the defendant had a
reasonable basis for believing occurred within the scope of
Interstate Commission employment, duties or responsibilities;
provided, that the actual or alleged act, error or omission did not
result from intentional wrongdoing on the part of that person.
The Interstate Commission shall indemnify and hold the
Commissioner of a Compacting State, the appointed designee or
employees, or the Interstate Commission's representatives or
employees, harmless in the amount of any settlement or judgement
obtained against anyone arising out of any actual or alleged act,
error or omission that occurred within the scope of Interstate
Commission employment, duties or responsibilities, or that person had
a reasonable basis for believing occurred within the scope of
Interstate Commission employment, duties or responsibilities,
provided, that the actual or alleged act, error or omission did not
result from gross negligence or intentional wrongdoing on the part of
the person.

Article VII. Activities of the Interstate Commission

The Interstate Commission shall meet and take whatever actions as
are consistent with the provisions of this Compact.
Except as otherwise provided in this Compact and unless a greater
percentage is required by the By-laws, in order to constitute an act
of the Interstate Commission, the act shall have been taken at a
meeting of the Interstate Commission and shall have received an
affirmative vote of a majority of the members present.
Each Member of the Interstate Commission shall have the right and
power to cast a vote to which that Compacting State is entitled and
to participate in the business and affairs of the Interstate
Commission. A Member shall vote in person on behalf of the state and
shall not delegate a vote to another member state. However, a State
Council shall appoint another authorized representative, in the
absence of the commissioner from that state, to cast a vote on behalf
of the member state at a specified meeting. The By-laws may provide
for Members' participation in meetings by telephone or other means
of telecommunication or electronic communication. Any voting
conducted by telephone, or other means of telecommunication or
electronic communication shall be subject to the same quorum
requirements of meetings where members are present in person.
The Interstate Commission shall meet at least once during each
calendar year. The chairperson of the Interstate Commission may call
additional meetings at any time and, upon the request of a majority
of the Members, shall call additional meetings.
The Interstate Commission's By-laws shall establish conditions and
procedures under which the Interstate Commission shall make its
information and official records available to the public for
inspection or copying. The Interstate Commission may exempt from
disclosure any information or official records to the extent they
would adversely affect personal privacy rights or proprietary
interests. In promulgating the Rules, the Interstate Commission may
make available to law enforcement agencies records and information
otherwise exempt from disclosure, and may enter into agreements with
law enforcement agencies to receive or exchange information or
records subject to nondisclosure and confidentiality provisions.
Public notice shall be given of all meetings and all meetings
shall be open to the public, except as set forth in the Rules or as
otherwise provided in the Compact. The Interstate Commission shall
promulgate Rules consistent with the principles contained in the
"Government in Sunshine Act," 5 U.S.C. Section 552(b), as may be
amended. The Interstate Commission and any of its committees may
close a meeting to the public where it determines by two-thirds vote
that an open meeting would be likely to:
Relate solely to the Interstate Commission's internal personnel
practices and procedures.
Disclose matters specifically exempted from disclosure by statute.

Disclose trade secrets or commercial or financial information
which is privileged or confidential.
Involve accusing any person of a crime, or formally censuring any
person.
Disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy.
Disclose investigatory records compiled for law enforcement
purposes.
Disclose information contained in or related to examination,
operating or condition reports prepared by, or on behalf of or for
the use of, the Interstate Commission with respect to a regulated
entity for the purpose of regulation or supervision of the entity.
Disclose information, the premature disclosure of which would
significantly endanger the life of a person or the stability of a
regulated entity.
Specifically relate to the Interstate Commission's issuance of a
subpoena, or its participation in a civil action or proceeding.
For every meeting closed pursuant to this provision, the
Interstate Commission's chief legal officer shall publicly certify
that, in his or her opinion, the meeting may be closed to the public,
and shall reference each relevant exemptive provision. The
Interstate Commission shall keep minutes which shall fully and
clearly describe all matters discussed in any meeting and shall
provide a full and accurate summary of any actions taken, and the
reasons therefor, including a description of each of the views
expressed on any item and the record of any rollcall vote (reflected
in the vote of each Member on the question). All documents
considered in connection with any action shall be identified in the
minutes. The Interstate Commission shall collect standardized data
concerning the interstate movement of offenders as directed through
its By-laws and Rules which shall specify the data to be collected,
the means of collection and data exchange and reporting requirements.


Article VIII. Rulemaking Functions of the Interstate
Commission

The Interstate Commission shall promulgate Rules in order to
effectively and efficiently achieve the purposes of the Compact
including transition rules governing administration of the compact
during the period in which it is being considered and enacted by the
states.
Rulemaking shall occur pursuant to the criteria set forth in this
Article and the By-laws and Rules adopted pursuant thereto.
Rulemaking shall substantially conform to the principles of the
federal Administrative Procedure Act, 5 U.S.C.S. section 551 et seq.,
and the Federal Advisory Committee Act, 5 U.S.C.S. app. 2, section 1
et seq., as may be amended (hereinafter "APA"). All Rules and
amendments shall become binding as of the date specified in each Rule
or amendment.
If a majority of the legislatures of the Compacting States rejects
a Rule, by enactment of a statute or resolution in the same manner
used to adopt the compact, then the Rule shall have no further force
and effect in any Compacting State.
When promulgating a Rule, the Interstate Commission shall:
Publish the proposed Rule stating with particularity the text of
the Rule which is proposed and the reason for the proposed Rule.
Allow persons to submit written data, facts, opinions and
arguments, which information shall be publicly available.
Provide an opportunity for an informal hearing.
Promulgate a final Rule and its effective date, if appropriate,
based on the rulemaking record.
Not later than sixty days after a Rule is promulgated, any
interested person may file a petition in the United States District
Court for the District of Columbia or in the Federal District Court
where the Interstate Commission's principal office is located for
judicial review of the Rule. If the court finds that the Interstate
Commission's action is not supported by substantial evidence, (as
defined in the APA), in the rulemaking record, the court shall hold
the Rule unlawful and set it aside. Subjects to be addressed within
12 months after the first meeting must at a minimum include:
Notice to victims and opportunity to be heard.
Offender registration and compliance.
Violations/returns.
Transfer procedures and forms.
Eligibility for transfer.
Collection of restitution and fees from offenders.
Data collection and reporting.
The level of supervision to be provided by the receiving state.
Transition rules governing the operation of the compact and the
Interstate Commission during all or part of the period between the
effective date of the compact and the date on which the last eligible
state adopts the compact.
Mediation, arbitration and dispute resolution.
The existing rules governing the operation of the previous compact
superceded by this Act shall be null and void twelve (12) months
after the first meeting of the Interstate Commission created
hereunder.
Upon determination by the Interstate Commission that an emergency
exists, it may promulgate an emergency rule which shall become
effective immediately upon adoption, provided that the usual
rulemaking procedures provided hereunder shall be retroactively
applied to said rule as soon as reasonably possible, in no event
later than 90 days after the effective date of the rule.

Article IX. Oversight, Enforcement, and Dispute Resolution by
the Interstate Commission

Section A. Oversight
The Interstate Commission shall oversee the interstate movement of
adult offenders in the compacting states and shall monitor the
activities being administered in Non-compacting States which may
significantly affect Compacting States.
The courts and executive agencies in each Compacting State shall
enforce this Compact and shall take all actions necessary and
appropriate to effectuate the Compact's purposes and intent. In any
judicial or administrative proceeding in a Compacting State
pertaining to the subject matter of this Compact which may affect the
powers, responsibilities or actions of the Interstate Commission,
the Interstate Commission shall be entitled to receive all service of
process in any proceeding, and shall have standing to intervene in
the proceeding for all purposes.
Section B. Dispute Resolution
The Compacting States shall report to the Interstate Commission on
issues or activities of concern to them, and cooperate with and
support the Interstate Commission in the discharge of its duties and
responsibilities.
The Interstate Commission shall attempt to resolve any disputes or
other issues which are subject to the Compact and which may arise
among Compacting States and Non-compacting States.
The Interstate Commission shall enact a By-law or promulgate a
Rule providing for both mediation and binding dispute resolution for
disputes among the Compacting States.
Section C. Enforcement
The Interstate Commission, in the reasonable exercise of its
discretion, shall enforce the provisions of this compact using any or
all means set forth in Article XII, Section B, of this compact.

Article X. Finance

The Interstate Commission shall pay or provide for the payment of
the reasonable expenses of its establishment, organization and
ongoing activities.
The Interstate Commission shall levy on and collect an annual
assessment from each Compacting State to cover the cost of the
internal operations and activities of the Interstate Commission and
its staff which must be in a total amount sufficient to cover the
Interstate Commission's annual budget as approved each year. The
aggregate annual assessment amount shall be allocated based upon a
formula to be determined by the Interstate Commission, taking into
consideration the population of the state and the volume of
interstate movement of offenders in each Compacting State and shall
promulgate a Rule binding upon all Compacting States which governs
said assessment.
The Interstate Commission shall not incur any obligations of any
kind prior to securing the funds adequate to meet the same; nor shall
the Interstate Commission pledge the credit of any of the compacting
states, except by and with the authority of the compacting state.
The Interstate Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
Interstate Commission shall be subject to the audit and accounting
procedures established under its By-laws. However, all receipts and
disbursements of funds handled by the Interstate Commission shall be
audited yearly by a certified or licensed public accountant and the
report of the audit shall be included in and become part of the
annual report of the Interstate Commission.

Article XI. Compacting States, Effective Date and Amendment

Any state, as defined in Article II of this compact, is eligible
to become a Compacting State. The Compact shall become effective and
binding upon legislative enactment of the Compact into law by no
less than 35 of the States. The initial effective date shall be the
later of July 1, 2001, or upon enactment into law by the 35th
jurisdiction. Thereafter, it shall become effective and binding, as
to any other Compacting State, upon enactment of the Compact into law
by that State. The governors of Non-member states or their
designees will be invited to participate in Interstate Commission
activities on a non-voting basis prior to adoption of the compact by
all states and territories of the United States.
Amendments to the Compact may be proposed by the Interstate
Commission for enactment by the Compacting States. No amendment
shall become effective and binding upon the Interstate Commission and
the Compacting States unless and until it is enacted into law by
unanimous consent of the Compacting States.

Article XII. Withdrawal, Default, Termination, and Judicial
Enforcement

Section A. Withdrawal
Once effective, the Compact shall continue in force and remain
binding upon each and every Compacting State; provided, that a
Compacting State may withdraw from the Compact ("Withdrawing State")
by enacting a statute specifically repealing the statute which
enacted the Compact into law.
The effective date of withdrawal is the effective date of the
repeal. The Withdrawing State shall immediately notify the
Chairperson of the Interstate Commission in writing upon the
introduction of legislation repealing this Compact in the Withdrawing
State. The Interstate Commission shall notify the other Compacting
States of the Withdrawing State's intent to withdraw within sixty
days of its receipt thereof. The Withdrawing State is responsible
for all assessments, obligations and liabilities incurred through the
effective date of withdrawal, including any obligations, the
performance of which extend beyond the effective date of withdrawal.

Reinstatement following withdrawal of any Compacting State shall
occur upon the Withdrawing State reenacting the Compact or upon a
later date as determined by the Interstate Commission.
Section B. Default
If the Interstate Commission determines that any Compacting State
has at any time defaulted ("Defaulting State") in the performance of
any of its obligations or responsibilities under this Compact, the
By-laws or any duly promulgated Rules the Interstate Commission may
impose any or all of the following penalties: Fines, fees and costs
in amounts as are deemed to be reasonable as fixed by the Interstate
Commission. Remedial training and technical assistance as directed
by the Interstate Commission; suspension and termination of
membership in the compact. Suspension shall be imposed only after
all other reasonable means of securing compliance under the By-laws
and Rules have been exhausted. Immediate notice of suspension shall
be given by the Interstate Commission to the Governor, the Chief
Justice or Chief Judicial Officer of the state, the majority and
minority leaders of the defaulting state's legislature, and the State
Council.
The grounds for default include, but are not limited to, failure
of a Compacting State to perform the obligations or responsibilities
imposed upon it by this compact, Interstate Commission By-laws, or
duly promulgated Rules. The Interstate Commission shall immediately
notify the Defaulting State in writing of the penalty imposed by the
Interstate Commission on the Defaulting State pending a cure of the
default. The Interstate Commission shall stipulate the conditions
and the time period within which the Defaulting State must cure its
default. If the Defaulting State fails to cure the default within
the time period specified by the Interstate Commission, in addition
to any other penalties imposed herein, the Defaulting State may be
terminated from the Compact upon an affirmative vote of a majority of
the Compacting States and all rights, privileges and benefits
conferred by this Compact shall be terminated from the effective date
of suspension. Within sixty days of the effective date of
termination of a Defaulting State, the Interstate Commission shall
notify the Governor, the Chief Justice or Chief Judicial Officer and
the Majority and Minority Leaders of the Defaulting State's
legislature and the state council of the termination.
The Defaulting State is responsible for all assessments,
obligations and liabilities incurred through the effective date of
termination including any obligations, the performance of which
extends beyond the effective date of termination.
The Interstate Commission shall not bear any costs relating to the
Defaulting State unless otherwise mutually agreed upon between the
Interstate Commission and the Defaulting State. Reinstatement
following termination of any Compacting State requires both a
reenactment of the Compact by the Defaulting State and the approval
of the Interstate Commission pursuant to the Rules.
Section C. Judicial Enforcement
The Interstate Commission may, by majority vote of the Members,
initiate legal action in the United States District Court for the
District of Columbia or, at the discretion of the Interstate
Commission, in the Federal District where the Interstate Commission
has its offices to enforce compliance with the provisions of the
Compact, its duly promulgated Rules and By-laws, against any
Compacting State in default. In the event judicial enforcement is
necessary the prevailing party shall be awarded all litigation costs
including reasonable attorneys fees.
Section D. Dissolution of Compact
The Compact dissolves effective upon the date of the withdrawal or
default of the Compacting State which reduces membership in the
Compact to one Compacting State.
Upon the dissolution of this Compact, the Compact becomes null and
void and shall be of no further force or effect, and the business
and affairs of the Interstate Commission shall be wound up and any
surplus funds shall be distributed in accordance with the By-laws.

Article XIII. Severability and Construction

The provisions of this Compact shall be severable, and if any
phrase, clause, sentence or provision is deemed unenforceable, the
remaining provisions of the Compact shall be enforceable.
The provisions of this Compact shall be liberally constructed to
effectuate its purposes.

Article XIV. Binding Effect of Compact and Other Laws

Section A. Other Laws
Nothing herein prevents the enforcement of any other law of a
Compacting State that is not inconsistent with this Compact.
All Compacting States' laws conflicting with this Compact are
superseded to the extent of the conflict.
Section B. Binding Effect of the Compact
All lawful actions of the Interstate Commission, including all
Rules and By-laws promulgated by the Interstate Commission, are
binding upon the Compacting States.
All agreements between the Interstate Commission and the
Compacting States are binding in accordance with their terms.
Upon the request of a party to a conflict over meaning or
interpretation of Interstate Commission actions, and upon a majority
vote of the Compacting States, the Interstate Commission may issue
advisory opinions regarding meaning or interpretation.
In the event any provision of this Compact exceeds the
constitutional limits imposed on the legislature of any Compacting
State, the obligations, duties, powers or jurisdiction sought to be
conferred by the provision upon the Interstate Commission shall be
ineffective and the obligations, duties, powers or jurisdiction shall
remain in the Compacting State and shall be exercised by the agency
thereof to which the obligations, duties, powers or jurisdiction are
delegated by law in effect at the time this Compact becomes
effective.




11181. (a) There is hereby established the California Council for
Interstate Adult Offender Supervision.
(b) The council shall exercise oversight and advocacy concerning
its participation in Interstate Commission activities, and other
duties as may be determined by the Legislature or Governor, including
but not limited to, development of policy concerning operations and
procedures of the compact within the state.
(c) There shall be seven members of the council. The Director of
Corrections, or his or her designee, shall be a member and serve as
the commissioner, who shall represent California and serve on the
Interstate Commission for Adult Offender Supervision. The
commissioner shall also be the Compact Administrator for the State of
California for purposes of the Interstate Compact for Adult Offender
Supervision. The Governor shall appoint three members, one of whom
shall represent victims rights groups, and one of whom shall
represent chief probation officers. One member each shall be
appointed by the Senate Committee on Rules and the Speaker of the
Assembly. The Judicial Council shall appoint one superior court
judge as a member.
(d) With the exception of the commissioner, each member of the
council shall serve for a term of four years. Council members shall
not be compensated, except for reasonable per diem expenses related
to their work for council purposes.
(e) The council shall, not later than July 1, 2005, submit a
report to the Legislature on the status of implementing the
Interstate Compact for Adult Offender Supervision in California. The
report shall clearly differentiate the role and responsibilities of
the state Compact Administrator from local supervisory agencies and
shall articulate the interdependence between the state Compact
Administrator and other related entities, including, but not limited
to, local supervisory agencies. Additionally, the report shall
identify the process by which the State Council communicates with
county probation offices and Superior courts to ensure the state's
compliance with the Interstate Compact for Adult Offender
Supervision.

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Interstate Corrections Compacts


11189. The Interstate Corrections Compact as set forth in this
section is hereby adopted and entered into with all other
jurisdictions joining therein. The provisions of the interstate
compact are as follows:

INTERSTATE CORRECTIONS COMPACT

This section may be cited as the Interstate Corrections Compact.
The Interstate Corrections Compact is hereby enacted into law and
entered into by this state with any other states legally joining
therein in the form substantially as follows:

INTERSTATE CORRECTIONS COMPACT

Article I
Purpose and Policy

The party states, desiring by common action to fully utilize and
improve their institutional facilities and provide adequate programs
for the confinement, treatment and rehabilitation of various types of
offenders, declare that it is the policy of each of the party states
to provide such facilities and programs on a basis of cooperation
with one another, thereby serving the best interests of such
offenders and of society and effecting economies in capital
expenditures and operational costs. The purpose of this compact is
to provide for the mutual development and execution of such programs
of cooperation for the confinement, treatment and rehabilitation of
offenders with the most economical use of human and material
resources.

Article II
Definitions

As used in this compact, unless the context clearly requires
otherwise:
(a) "State" means a state of the United States; the United States
of America; a territory or possession of the United States; the
District of Columbia; the Commonwealth of Puerto Rico.
(b) "Sending state" means a state party to this compact in which
conviction or court commitment was had.
(c) "Receiving state" means a state party to this compact to which
an inmate is sent for confinement other than a state in which
conviction or court commitment was had.
(d) "Inmate" means a male or female offender who is committed,
under sentence to or confined in a penal or correctional institution.

(e) "Institution" means any penal or correctional facility,
including but not limited to a facility for the mentally ill or
mentally defective, in which inmates as defined in (d) above may
lawfully be confined.

Article III
Contracts

(a) Each party state may make one or more contracts with any one
or more of the other party states for the confinement of inmates on
behalf of a sending state in institutions situated within receiving
states. Any such contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the sending state
for inmate maintenance, extraordinary medical and dental expenses,
and any participation in or receipt by inmates of rehabilitative or
correctional services, facilities, programs or treatment not
reasonably included as part of normal maintenance.
3. Participation in programs of inmate employment, if any; the
disposition or crediting of any payments received by inmates on
account thereof; and the crediting of proceeds from or disposal of
any products resulting therefrom.
4. Delivery and retaking of inmates.
5. Such other matters as may be necessary and appropriate to fix
the obligations, responsibilities and rights of the sending and
receiving states.
(b) The terms and provisions of this compact shall be a part of
any contract entered into by the authority of or pursuant thereto,
and nothing in any such contract shall be inconsistent therewith.

Article IV
Procedures and Rights

(a) Whenever the duly constituted authorities in a state party to
this compact, and which has entered into a contract pursuant to
Article III, shall decide that confinement in, or transfer of an
inmate to, an institution within the territory of another party state
is necessary or desirable in order to provide adequate quarters and
care or an appropriate program of rehabilitation or treatment, said
officials may direct that the confinement be within an institution
within the territory of said other party state, the receiving state
to act in that regard solely as agent for the sending state.
(b) The appropriate officials of any state party to this compact
shall have access, at all reasonable times, to any institution in
which it has a contractual right to confine inmates for the purpose
of inspecting the facilities thereof and visiting such of its inmates
as may be confined in the institution.
(c) Inmates confined in an institution pursuant to the terms of
this compact shall at all times be subject to the jurisdiction of the
sending state and may at any time be removed therefrom for transfer
to a prison or other institution within the sending state, for
transfer to another institution in which the sending state may have a
contractual or other right to confine inmates, for release on
probation or parole, for discharge, or for any other purpose
permitted by the laws of the sending state; provided that the sending
state shall continue to be obligated to such payments as may be
required pursuant to the terms of any contract entered into under the
terms of Article III.
(d) Each receiving state shall provide regular reports to each
sending state on the inmates of that sending state in institutions
pursuant to this compact including a conduct record of each inmate
and certify said record to the official designated by the sending
state, in order that each inmate may have official review of his or
her record in determining and altering the disposition of said inmate
in accordance with the law which may obtain in the sending state and
in order that the same may be a source of information for the
sending state.
(e) All inmates who may be confined in an institution pursuant to
the provisions of this compact shall be treated in a reasonable and
humane manner and shall be treated equally with such similar inmates
of the receiving state as may be confined in the same institution.
The fact of confinement in a receiving state shall not deprive any
inmate so confined of any legal rights which said inmate would have
had if confined in an appropriate institution of the sending state.
(f) Any hearing or hearings to which an inmate confined pursuant
to this compact may be entitled by the laws of the sending state may
be had before the appropriate authorities of the sending state, or of
the receiving state if authorized by the sending state. The
receiving state shall provide adequate facilities for such hearings
as may be conducted by the appropriate officials of a sending state.
In the event such hearing or hearings are had before officials of
the receiving state, the governing law shall be that of the sending
state and a record of the hearing or hearings as prescribed by the
sending state shall be made. Said record together with any
recommendations of the hearing officials shall be transmitted
forthwith to the official or officials before whom the hearing would
have been had if it had taken place in the sending state. In any and
all proceedings had pursuant to the provisions of this subdivision,
the officials of the receiving state shall act solely as agents of
the sending state and no final determination shall be made in any
matter except by the appropriate officials of the sending state.
(g) Any inmate confined pursuant to this compact shall be released
within the territory of the sending state unless the inmate, and the
sending and receiving states, shall agree upon release in some other
place. The sending state shall bear the cost of such return to its
territory.
(h) Any inmate confined pursuant to the terms of this compact
shall have any and all rights to participate in and derive any
benefits or incur or be relieved of any obligations or have such
obligations modified or his status changed on account of any action
or proceeding in which he could have participated if confined in any
appropriate institution of the sending state located within such
state.
(i) The parent, guardian, trustee, or other person or persons
entitled under the laws of the sending state to act for, advise, or
otherwise function with respect to any inmate shall not be deprived
of or restricted in his exercise of any power in respect of any
inmate confined pursuant to the terms of this compact.

Article V
Acts Not Reviewable in Receiving State: Extradition

(a) Any decision of the sending state in respect of any matter
over which it retains jurisdiction pursuant to this compact shall be
conclusive upon and not reviewable within the receiving state, but if
at the time the sending state seeks to remove an inmate from an
institution in the receiving state there is pending against the
inmate within such state any criminal charge or if the inmate is
formally accused of having committed within such state a criminal
offense, the inmate shall not be returned without the consent of the
receiving state until discharged from prosecution or other form of
proceeding, imprisonment or detention for such offense. The duly
accredited officers of the sending state shall be permitted to
transport inmates pursuant to this compact through any and all states
party to this compact without interference.
(b) An inmate who escapes from an institution in which he is
confined pursuant to this compact shall be deemed a fugitive from the
sending state and from the state in which the institution is
situated. In the case of an escape to a jurisdiction other than the
sending or receiving state, the responsibility for institution of
extradition or rendition proceedings shall be that of the sending
state, but nothing contained herein shall be construed to prevent or
affect the activities of officers and agencies of any jurisdiction
directed toward the apprehension and return of an escapee.

Article VI
Federal Aid

Any state party to this compact may accept federal aid for use in
connection with any institution or program, the use of which is or
may be affected by this compact or any contract pursuant hereto and
any inmate in a receiving state pursuant to this compact may
participate in any such federally aided program or activity for which
the sending and receiving states have made contractual provision,
provided that if such program or activity is not part of the
customary correctional regimen, the express consent of the
appropriate official of the sending state shall be required therefor.


Article VII
Entry Into Force

This compact shall enter into force and become effective and
binding upon the states so acting when it has been enacted into law
by any two states. Thereafter, this compact shall enter into force
and become effective and binding as to any other of said states upon
similar action by such state.

Article VIII
Withdrawal and Termination

This compact shall continue in force and remain binding upon a
party state until it shall have enacted a statute repealing the same
and providing for the sending of formal written notice of withdrawal
from the compact to the appropriate officials of all other party
states. An actual withdrawal shall not take effect until one year
after the notices provided in said statute have been sent. Such
withdrawal shall not relieve the withdrawing state from its
obligations assumed hereunder prior to the effective date of
withdrawal. Before the effective date of withdrawal, a withdrawing
state shall remove to its territory, at its own expense, such inmates
as it may have confined pursuant to the provisions of this compact.


Article IX
Other Arrangements Unaffected

Nothing contained in this compact shall be construed to abrogate
or impair any agreement or other arrangement which a party state may
have with a nonparty state for the confinement, rehabilitation or
treatment of inmates nor to repeal any other laws of a party state
authorizing the making of cooperative institutional arrangements.

Article X
Construction and Severability

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




11190. The Western Interstate Corrections Compact as contained
herein is hereby enacted into law and entered into on behalf of this
State with any and all other states legally joining therein in a form
substantially as follows:

WESTERN INTERSTATE CORRECTIONS COMPACT

ARTICLE I
Purpose and Policy

The party states, desiring by common action to improve their
institutional facilities and provide programs of sufficiently high
quality for the confinement, treatment and rehabilitation of various
types of offenders, declare that it is the policy of each of the
party states to provide such facilities and programs on a basis of
co-operation with one another, thereby serving the best interests of
such offenders and of society. The purpose of this compact is to
provide for the development and execution of such programs of
co-operation for the confinement, treatment and rehabilitation of
offenders.

ARTICLE II
Definitions

As used in this compact, unless the context clearly requires
otherwise:
(a) "State" means a state of the United States, or, subject to the
limitation contained in Article VII, Guam.
(b) "Sending state" means a state party to this compact in which
conviction was had.
(c) "Receiving state" means a state party to this compact to which
an inmate is sent for confinement other than a state in which
conviction was had.
(d) "Inmate" means a male or female offender who is under sentence
to or confined in a prison or other correctional institution.
(e) "Institution" means any prison, reformatory or other
correctional facility (including but not limited to a facility for
the mentally ill or mentally defective) in which inmates may lawfully
be confined.

ARTICLE III
Contracts

(a) Each party state may make one or more contracts with any one
or more of the other party states for the confinement of inmates on
behalf of a sending state in institutions situated within receiving
states. Any such contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the sending state
for inmate maintenance, extraordinary medical and dental expenses,
and any participation in or receipt by inmates of rehabilitative or
correctional services, facilities, programs or treatment not
reasonably included as part of normal maintenance.
3. Participation in programs of inmate employment, if any; the
disposition or crediting of any payments received by inmates on
accounts thereof; and the crediting of proceeds from or disposal of
any products resulting therefrom.
4. Delivery and retaking of inmates.
5. Such other matters as may be necessary and appropriate to fix
the obligations, responsibilities and rights of the sending and
receiving states.
(b) Prior to the construction or completion of construction of any
institution or addition thereto by a party state, any other party
state or states may contract therewith for the enlargement of the
planned capacity of the institution or addition thereto, or for the
inclusion therein of particular equipment or structures, and for the
reservation of a specific per centum of the capacity of the
institution to be kept available for use by inmates of the sending
state or states so contracting. Any sending state so contracting
may, to the extent that moneys are legally available therefor, pay to
the receiving state, a reasonable sum as consideration for such
enlargement of capacity, or provision of equipment or structures, and
reservation of capacity. Such payment may be in a lump sum or in
installments as provided in the contract.
(c) The terms and provisions of this compact shall be a part of
any contract entered into by the authority of or pursuant thereto,
and nothing in any such contract shall be inconsistent therewith.

ARTICLE IV
Procedures and Rights

(a) Whenever the duly constituted judicial or administrative
authorities in a state party to this compact, and which has entered
into a contract pursuant to Article III, shall decide that
confinement in, or transfer of an inmate to, an institution within
the territory of another party state is necessary in order to provide
adequate quarters and care or desirable in order to provide an
appropriate program of rehabilitation or treatment, said officials
may direct that the confinement be within an institution within the
territory of said other party state, the receiving state to act in
that regard solely as agent for the sending state.
(b) The appropriate officials of any state party to this compact
shall have access, at all reasonable times, to any institution in
which it has a contractual right to confine inmates for the purpose
of inspecting the facilities thereof and visiting such of its inmates
as may be confined in the institution.
(c) Inmates confined in an institution pursuant to the terms of
this compact shall at all times be subject to the jurisdiction of the
sending state and may at any time be removed therefrom for transfer
to a prison or other institution within the sending state, for
transfer to another institution in which the sending state may have a
contractual or other right to confine inmates, for release on
probation or parole, for discharge, or for any other purpose
permitted by the laws of the sending state; provided that the sending
state shall continue to be obligated to such payments as may be
required pursuant to the terms of any contract entered into under the
terms of Article III.
(d) Each receiving state shall provide regular reports to each
sending state on the inmates of that sending state in institutions
pursuant to this compact including a conduct record of each inmate
and certify said record to the official designated by the sending
state, in order that each inmate may have the benefit of his or her
record in determining and altering the disposition of said inmate in
accordance with the law which may obtain in the sending state and in
order that the same may be a source of information for the sending
state.
(e) All inmates who may be confined in an institution pursuant to
the provisions of this compact shall be treated in a reasonable and
humane manner and shall be cared for and treated equally with such
similar inmates of the receiving state as may be confined in the same
institution. The fact of confinement in a receiving state shall not
deprive any inmate so confined of any legal rights which said inmate
would have had if confined in an appropriate institution of the
sending state.
(f) Any hearing or hearings to which an inmate confined pursuant
to this compact may be entitled by the laws of the sending state may
be had before the appropriate authorities of the sending state, or of
the receiving state if authorized by the sending state. The
receiving state shall provide adequate facilities for such hearings
as may be conducted by the appropriate officials of a sending state.
In the event such hearing or hearings are had before officials of
the receiving state, the governing law shall be that of the sending
state and a record of the hearing or hearings as prescribed by the
sending state shall be made. Said record together with any
recommendations of the hearing officials shall be transmitted
forthwith to the official or officials before whom the hearing would
have been had if it had taken place in the sending state. In any and
all proceedings had pursuant to the provisions of this subdivision,
the officials of the receiving state shall act solely as agents of
the sending state and no final determination shall be made in any
matter except by the appropriate officials of the sending state.
Costs of records made pursuant to this subdivision shall be borne by
the sending state.
(g) Any inmate confined pursuant to this compact shall be released
within the territory of the sending state unless the inmate, and the
sending and receiving states, shall agree upon release in some other
place. The sending state shall bear the cost of such return to its
territory.
(h) Any inmate confined pursuant to the terms of this compact
shall have any and all rights to participate in and derive any
benefits or incur or be relieved of any obligations or have such
obligations modified or his status changed on account of any action
or proceeding in which he could have participated if confined in any
appropriate institution of the sending state located within such
state.
(i) The parent, guardian, trustee, or other person or persons
entitled under the laws of the sending state to act for, advise, or
otherwise function with respect to any inmate shall not be deprived
of or restricted in his exercise of any power in respect of any
inmate confined pursuant to the terms of this compact.

ARTICLE V
Acts Not Reviewable in Receiving State; Extradition

(a) Any decision of the sending state in respect of any matter
over which it retains jurisdiction pursuant to this compact shall be
conclusive upon and not reviewable within the receiving state, but if
at the time the sending state seeks to remove an inmate from an
institution in the receiving state there is pending against the
inmate within such state any criminal charge or if the inmate is
suspected of having committed within such state a criminal offense,
the inmate shall not be returned without the consent of the receiving
state until discharged from prosecution or other form of proceeding,
imprisonment or detention for such offense. The duly accredited
officers of the sending state shall be permitted to transport inmates
pursuant to this compact through any and all states party to this
compact without interference.
(b) An inmate who escapes from an institution in which he is
confined pursuant to this compact shall be deemed a fugitive from the
sending state and from the state in which the institution is
situated. In the case of an escape to a jurisdiction other than the
sending or receiving state, the responsibility for institution of
extradition proceedings shall be that of the sending state, but
nothing contained herein shall be construed to prevent or affect the
activities of officers and agencies of any jurisdiction directed
toward the apprehension and return of an escapee.

ARTICLE VI
Federal Aid

Any state party to this compact may accept federal aid for use in
connection with any institution or program, the use of which is or
may be affected by this compact or any contract pursuant hereto and
any inmate in a receiving state pursuant to this compact may
participate in any such federally aided program or activity for which
the sending and receiving states have made contractual provision
provided that if such program or activity is not part of the
customary correctional regimen the express consent of the appropriate
official of the sending state shall be required therefor.

ARTICLE VII
Entry Into Force

This compact shall enter into force and become effective and
binding upon the states so acting when it has been enacted into law
by any two contiguous states from among the States of Alaska,
Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska,
Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. For the
purpose of this article, Alaska and Hawaii shall be deemed contiguous
to each other; to any and all of the States of California, Oregon
and Washington; and to Guam. Thereafter, this compact shall enter
into force and become effective and binding as to any other of said
states, or any other state contiguous to at least one party state
upon similar action by such state. Guam may become party to this
compact by taking action similar to that provided for joinder by any
other eligible party state and upon the consent of Congress to such
joinder. For the purposes of this article, Guam shall be deemed
contiguous to Alaska, Hawaii, California, Oregon and Washington.

ARTICLE VIII
Withdrawal and Termination

This compact shall continue in force and remain binding upon a
party state until it shall have enacted a statute repealing the same
and providing for the sending of formal written notice of withdrawal
from the compact to the appropriate officials of all other party
states. An actual withdrawal shall not take effect until two years
after the notices provided in said statute have been sent. Such
withdrawal shall not relieve the withdrawing state from its
obligations assumed hereunder prior to the effective date of
withdrawal. Before the effective date of withdrawal, a withdrawing
state shall remove to its territory, at its own expense, such inmates
as it may have confined pursuant to the provisions of this compact.


ARTICLE IX
Other Arrangements Unaffected

Nothing contained in this compact shall be construed to abrogate
or impair any agreement or other arrangement which a party state may
have with a nonparty state for the confinement, rehabilitation or
treatment of inmates nor to repeal any other laws of a party state
authorizing the making of co-operative institutional arrangements.

ARTICLE X
Construction and Severability

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




11191. (a) Any court or other agency or officer of this state
having power to commit or transfer an inmate (as defined in Article
II(d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact) to any institution for confinement
may commit or transfer that inmate to any institution within or
without this state if this state has entered into a contract or
contracts for the confinement of inmates in that institution pursuant
to Article III of the Interstate Corrections Compact or of the
Western Interstate Corrections Compact. The inmate shall have the
right to a private consultation with an attorney of his choice, or
with a public defender if the inmate cannot afford counsel,
concerning his rights and obligations under this section, and shall
be informed of those rights prior to executing the written consent.
At any time more than five years after the transfer, the inmate shall
be entitled to revoke his consent and to transfer to an institution
in this state. In which case, the transfer shall occur within the
next 30 days.
(b) Notwithstanding subdivision (a), no inmate with serious
medical or mental health conditions, as determined by the Plata
Receiver, or an inmate in the mental health delivery system at the
Enhanced Outpatient Program level of care or higher may be committed
or transferred to an institution outside of this state unless he has
executed a written consent to the transfer.
(c) This section shall remain in effect only until July 1, 2011,
or until such time as the Department of Corrections and
Rehabilitation has replaced "temporary beds," as defined in paragraph
(3) of subdivision (a) of Section 15819.34 of the Government Code,
whichever is sooner, and as of January 1, 2012, shall be repealed,
unless a later enacted statute deletes or extends that date.



11191. (a) Any court or other agency or officer of this state
having power to commit or transfer an inmate (as defined in Article
II(d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact) to any institution for confinement
may commit or transfer that inmate to any institution within or
without this state if this state has entered into a contract or
contracts for the confinement of inmates in that institution pursuant
to Article III of the Interstate Corrections Compact or of the
Western Interstate Corrections Compact, but no inmate sentenced under
California law may be committed or transferred to an institution
outside of this state, unless he or she has executed a written
consent to the transfer. The inmate shall have the right to a private
consultation with an attorney of his choice, or with a public
defender if the inmate cannot afford counsel, concerning his rights
and obligations under this section, and shall be informed of those
rights prior to executing the written consent. At any time more than
five years after the transfer, the inmate shall be entitled to revoke
his consent and to transfer to an institution in this state. In such
cases, the transfer shall occur within the next 30 days.
(b) This section shall become operative on July 1, 2011, or at
such time as the Department of Corrections and Rehabilitation has
replaced "temporary beds," as defined in paragraph (3) of subdivision
(a) of Section 15819.34 of the Government Code, whichever is sooner.




11192. The courts, departments, agencies and officers of this State
and its subdivisions shall enforce this compact and shall do all
things appropriate to the effectuation of its purposes and intent
which may be within their respective jurisdictions including but not
limited to the making and submission of such reports as are required
by the compact.



11193. Any inmate sentenced under California law who is imprisoned
in another state, pursuant to a compact, shall be entitled to all
hearings, within 120 days of the time and under the same standards,
which are normally accorded to persons similarly sentenced who are
confined in institutions in this state. If the inmate consents in
writing, such hearings may be conducted by the corresponding agencies
or officials of such other jurisdiction. The Board of Prison Terms
or its duly authorized representative is hereby authorized and
directed to hold such hearings as may be requested by such other
jurisdiction or the inmate pursuant to this section or to Article IV
(f) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact.



11194. The Director of Corrections is hereby empowered to enter
into such contracts on behalf of this state as may be appropriate to
implement the participation of this state in the Interstate
Corrections Compact and the Western Interstate Corrections Compact
pursuant to Article III thereof. No such contract shall be of any
force or effect until approved by the Director of General Services.
Such contracts may authorize confinement of inmates in, or transfer
of inmates from, only such institutions in this state as are under
the jurisdiction of the Department of Corrections, and no such
contract may provide for transfer out of this state of any person
committed to the custody of the Director of the Youth Authority. No
such contract may authorize the confinement of an inmate, who is in
the custody of the Director of Corrections, in an institution of a
state other than a state that is a party to the Interstate
Corrections Compact or to the Western Interstate Corrections Compact.
The Director of Corrections, subject to the approval of the Board
of Prison Terms, must first determine, on the basis of an inspection
made by his direction, that such institution of another state is a
suitable place for confinement of prisoners committed to his custody
before entering into a contract permitting such confinement, and
shall, at least annually, redetermine the suitability of such
confinement. In determining the suitability of such institution of
another state, the director shall assure himself that such
institution maintains standards of care and discipline not
incompatible with those of the State of California and that all
inmates therein are treated equitably, regardless of race, religion,
color, creed or national origin.


11194.5. (a) At the request of the board of supervisors of any
county that is adjacent to another state, the county sheriff shall
negotiate with the appropriate officials of the adjacent state to
contract pursuant to the authority of Article III of a compact
executed under Section 11189 or 11190 for the confinement of county
jail prisoners in corresponding facilities located in the adjacent
state. The sheriff shall determine that the corresponding facilities
are a suitable place of confinement of prisoners submitted to his or
her custody and shall at least annually redetermine the suitability
as a precondition to any contract under this section. In determining
the suitability of the facilities of the other states, the sheriff
shall assure himself or herself that it maintains standards of care
and discipline not incompatible with those of this state and that all
inmates therein are treated equally, regardless of race, religion,
color, creed, or national origin.
(b) With the approval of the board of supervisors including
agreement as to terms for payments to be made for prisoner
maintenance and expenses, the county sheriff may enter into a
contract negotiated under subdivision (a).
(c) No prisoner may be transferred to an institution outside of
this state under this section unless he or she has executed a written
consent to the transfer.
(d) Any person who was sent to another state from a county under
the authority of this section shall be released within the territory
of the county unless the person, the sheriff of the sending county,
and the corresponding official or agency of the other state shall
agree upon release in another place. The county shall bear the cost
of transporting the person to the place of release.




11195. Every prisoner released from a prison without this state to
which he has been committed or transferred from this state pursuant
to this article shall be entitled to the same benefits, including,
but not limited to money and tools, as are allowed to a prisoner
released from a prison in this state. Any person who has been sent
to another state for confinement pursuant to this article shall be
released within the territory of this state unless the person, the
Director of Corrections of California, and the corresponding agency
or official of the other state shall agree upon release in some other
place. This state shall bear the cost of transporting the person to
the place of release.


11196. The provisions of this article shall be severable and if any
phrase, clause, sentence, or provision of this article is declared
to be unconstitutional or the applicability thereof to any state,
agency, person or circumstance is held invalid, the constitutionality
of this article and the applicability thereof to any other state,
agency, person or circumstance shall, with respect to all severable
matters, not be affected thereby. It is the legislative intent that
the provisions of this article be reasonably and liberally construed.



11197. No person sentenced under California law who is committed or
transferred to an institution outside of this state shall be
competent to testify for the prosecution in any criminal proceeding
in this state unless counsel for each defendant in such proceeding is
notified that the prosecution may call the person as a witness and
is given an opportunity to interview the person no less than 10 days
before the commencement of the proceeding or, in the event the
prosecution is not at that time considering the possibility of using
such testimony, the notice and opportunity for interview shall be
given at the earliest possible time. Nothing in this section shall
be construed to compel the prisoner to submit to such an interview.




11198. (a) Except as authorized by California statute, no city,
county, city and county, or private entity shall cause to be brought
into, housed in, confined in, or detained in this state any person
sentenced to serve a criminal commitment under the authority of any
jurisdiction outside of California.
(b) It is the intent of the Legislature that this act shall
neither prohibit nor authorize the confinement of federal prisoners
in this state.
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Reports of Animal Cruelty, Abuse, or Neglect

11199. (a) Any employee of a county child or adult protective
services agency, while acting in his or her professional capacity or
within the scope of his or her employment, who has knowledge of or
observes an animal whom he or she knows or reasonably suspects has
been the victim of cruelty, abuse, or neglect, may report the known
or reasonably suspected animal cruelty, abuse, or neglect to the
entity or entities that investigate reports of animal cruelty, abuse,
and neglect in that county.
(b) The report may be made within two working days of receiving
the information concerning the animal by facsimile transmission of a
written report presented in the form described in subdivision (e) or
by telephone if all of the information that is required to be
provided pursuant to subdivision (e) is furnished. In cases where an
immediate response may be necessary in order to protect the health
and safety of the animal or others, the report may be made by
telephone as soon as possible.
(c) Nothing in this section shall be construed to impose a duty to
investigate known or reasonably suspected animal cruelty, abuse, or
neglect.
(d) As used in this section, the terms "animal," "cruelty,"
"abuse," "neglect," "reasonable suspicion," and "owner" are defined
as follows:
(1) "Animal" includes every dumb creature.
(2) "Cruelty," "abuse," and "neglect" include every act, omission,
or neglect whereby unnecessary or unjustifiable physical pain or
suffering is caused or permitted.
(3) "Reasonable suspicion" means that it is objectively reasonable
for a person to entertain a suspicion, based upon facts that could
cause a reasonable person in a like position, drawing, when
appropriate, on his or her training and experience, to suspect animal
cruelty, abuse, or neglect.
(4) "Owner" means any person who is the legal owner, keeper,
harborer, possessor, or the actual custodian of an animal. "Owner"
includes corporations as well as individuals.
(e) Reports made pursuant to this section may be made on a
preprinted form prepared by the entity or entities that investigate
reports of animal cruelty, abuse, and neglect in that county that
includes the definitions contained in subdivision (d), and a space
for the reporter to include each of the following:
(1) His or her name and title.
(2) His or her business address and telephone number.
(3) The name, if known, of the animal owner or custodian.
(4) The location of the animal and the premises on which the known
or reasonably suspected animal cruelty, abuse, or neglect took
place.
(5) A description of the location of the animal and the premises.

(6) Type and numbers of animals involved.
(7) A description of the animal and its condition.
(8) The date, time, and a description of the observation or
incident which led the reporter to suspect animal cruelty, abuse, or
neglect and any other information the reporter believes may be
relevant.
(f) When two or more employees of a county child or adult
protective services agency are present and jointly have knowledge of
known or reasonably suspected animal cruelty, abuse, or neglect, and
where there is agreement among them, a report may be made by one
person by mutual agreement. Any reporter who has knowledge that the
person designated to report has failed to do so may thereafter make
the report.
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. PREVENTION AND ABATEMENT OF UNLAWFUL ACTIVITIES
. Unlawful Liquor Sale Abatement Law


11200. Every building or place used for the purpose of unlawfully
selling, serving or giving away any spirituous, vinous, malt or other
alcoholic liquor, and every building or place in or upon which such
liquors are unlawfully sold, served or given away, is a nuisance
which shall be enjoined, abated and prevented, whether it is a public
or private nuisance.



11201. Whenever there is reason to believe that a nuisance as
defined in this article is kept, maintained or exists in any county,
the district attorney, in the name of the people of the State of
California, shall, or the city attorney of an incorporated city, or
any citizen of the state resident within the county, in his or her
own name may, maintain an action in equity to abate and prevent the
nuisance and to perpetually enjoin the person or persons conducting
or maintaining it, and the owner, lessee or agent of the building, or
place, in or upon which the nuisance exists, from directly or
indirectly maintaining or permitting it.
The complaint in the action shall be verified unless filed by the
district attorney.



11202. Whenever the existence of a nuisance is shown in an action
brought under this article to the satisfaction of the court or judge
thereof, either by verified complaint or affidavit, and the court or
judge is satisfied that the owner of the property has received
written notice of the existence of the nuisance, signed by the
complainant or the district attorney at least two weeks prior to the
filing of the complaint, the court or judge shall allow a temporary
writ of injunction to abate and prevent the continuance or recurrence
of the nuisance. On granting such writ the court or judge shall
require an undertaking on the part of the applicant to the effect
that the applicant will pay to the party enjoined such damages, not
exceeding an amount to be specified, as the opposing party may
sustain by reason of the injunction, if the court finally decides
that the applicant was not entitled to the injunction.



11203. Actions brought under this article shall have precedence
over all other actions, excepting criminal proceedings, election
contests and hearings on injunctions. If a complaint is filed under
this article by a citizen, it shall not be dismissed by the plaintiff
or for want of prosecution except upon a sworn statement made by the
complainant and his attorney, setting forth the reasons why the
action should be dismissed, and the dismissal ordered by the court.
In case of failure to prosecute any such action with reasonable
diligence, or at the request of the plaintiff, the court, in its
discretion, may substitute any other citizen consenting thereto for
the plaintiff. If the action is brought by a citizen and the court
finds there was no reasonable ground or cause therefor, the costs
shall be taxed against such citizen.



11204. If the existence of a nuisance is established in an action
as provided in this article, an order of abatement shall be entered
as part of the judgment in the case, and plaintiff's costs in such
action are a lien upon the building and place, enforceable and
collectible by execution issued by order of the court.




11205. Any violation or disobedience of an injunction or order
expressly provided for in this article is punishable as a contempt of
court by a fine of not less than two hundred dollars ($200) nor more
than one thousand dollars ($1,000), or by imprisonment in the county
jail for not less than one nor more than six months, or by both.




11206. Whenever the owner of a building or place upon which an act
or acts constituting a contempt as defined in this article has been
committed is guilty of a contempt of court, and is fined therefor in
any proceedings under this article, the fine is a lien upon such
building and place to the extent of the interest of such person
therein, enforceable and collectible by execution issued by order of
the court.



11207. "Person," as used in this article, means individuals,
corporations, associations, partnerships, limited liability
companies, trustees, lessees, agents and assignees.
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