"u.s.a"california penal code

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


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

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CIVIL RIGHTS OF PRISONERS
Civil Rights

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



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


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

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

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



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

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

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


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



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



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


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



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

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

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


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



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



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



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



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


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



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



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



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


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




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


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



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



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



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

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

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


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

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



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


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



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



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

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



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


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



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


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


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



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



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



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


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

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Disposition of Insane Prisoners


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



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

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




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



2692. The Director of Corrections may enter into contracts with
public or private agencies located either within or outside of the
state for the housing, care, and treatment of inmates afflicted with
acquired immune deficiency syndrome (AIDS) or AIDS-related complex
(ARC).
Substance Abuse Treatment
2694. The Department of Corrections and Rehabilitation shall expand
substance abuse treatment services in prisons to accommodate at
least 4,000 additional inmates who have histories of substance abuse.
In determining the prisons in which these additional treatment
services will be located, the department may consider efficiency and
efficacy of treatment, availability of staff resources, availability
of physical space, and availability of additional resources in
surrounding communities to supplement the treatment. In addition, the
department shall expand followup treatment services in the community
in order to ensure that offenders who participate in substance abuse
treatment while incarcerated in prison shall receive necessary
followup treatment while on parole.
EMPLOYMENT OF PRISONERS
Employment of Prisoners Generally
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2700. The Department of Corrections shall require of every
able-bodied prisoner imprisoned in any state prison as many hours of
faithful labor in each day and every day during his or her term of
imprisonment as shall be prescribed by the rules and regulations of
the Director of Corrections.
Whenever by any statute a price is required to be fixed for any
services to be performed in connection with the work program of the
Department of Corrections, the compensation paid to prisoners shall
be included as an item of cost in fixing the final statutory price.
Prisoners not engaged on work programs under the jurisdiction of
the Prison Industry Authority, but who are engaged in productive
labor outside of such programs may be compensated in like manner.
The compensation of such prisoners shall be paid either out of funds
appropriated by the Legislature for that purpose or out of such other
funds available to the Department of Corrections for expenditure, as
the Director of Finance may direct.
When any prisoner escapes, the director shall determine what
portion of his or her earnings shall be forfeited and such forfeiture
shall be deposited in the State Treasury in a fund known as the
Inmate Welfare Fund of the Department of Corrections.



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



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



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



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


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



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



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



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




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



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



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


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




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



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



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



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




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

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



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



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




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

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



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



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



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



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



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



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


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


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



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


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

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



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



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



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



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



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


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




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


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



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


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



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



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


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



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



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



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



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



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




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




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



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

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



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



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




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



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



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

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



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



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



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



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



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



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


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