"u.s.a"california penal code

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EFFECT OF FULL PARDON
4853. In all cases in which a full pardon has been granted by the
Governor of this state or will hereafter be granted by the Governor
to a person convicted of an offense to which the pardon applies, it
shall operate to restore to the convicted person, all the rights,
privileges, and franchises of which he or she has been deprived in
consequence of that conviction or by reason of any matter involved
therein; provided, that nothing herein contained shall abridge or
impair the power or authority conferred by law on any board or
tribunal to revoke or suspend any right, privilege or franchise for
any act or omission not involved in the conviction; provided further,
that nothing in this article shall affect any of the provisions of
the Medical Practice Act (Chapter 5 (commencing with Section 2000)
of Division 2 of the Business and Professions Code) or the power or
authority conferred by law on the Board of Medical Examiners therein,
or the power or authority conferred by law upon any board that
issues a certificate which permits any person or persons to apply his
or her or their art or profession on the person of another.




4854. In the granting of a pardon to a person, the Governor may
provide that the person is entitled to exercise the right to own,
possess and keep any type of firearm that may lawfully be owned and
possessed by other citizens; except that this right shall not be
restored, and Sections 12001 and 12021 shall apply, if the person was
ever convicted of a felony involving the use of a dangerous weapon.

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INDEMNITY FOR PERSONS ERRONEOUSLY CONVICTED AND
PARDONED


4900. Any person who, having been convicted of any crime against
the state amounting to a felony and imprisoned in the state prison
for that conviction, is granted a pardon by the Governor for the
reason that the crime with which he or she was charged was either not
committed at all or, if committed, was not committed by him or her,
or who, being innocent of the crime with which he or she was charged
for either of the foregoing reasons, shall have served the term or
any part thereof for which he or she was imprisoned, may, under the
conditions provided under this chapter, present a claim against the
state to the California Victim Compensation and Government Claims
Board for the pecuniary injury sustained by him or her through the
erroneous conviction and imprisonment.



4901. A claim under Section 4900, accompanied by a statement of the
facts constituting the claim, verified in the manner provided for
the verification of complaints in civil actions, must be presented by
the claimant to the California Victim Compensation and Government
Claims Board within a period of six months after judgment of
acquittal or discharge given, or after pardon granted, or after
release from imprisonment, and at least four months prior to the next
meeting of the Legislature and no claim not so presented shall be
considered California Victim Compensation and Government Claims
Board.


4902. Upon presentation of a claim under Section 4900, the
California Victim Compensation and Government Claims Board shall fix
a time and place for the hearing of the claim, and shall mail notice
thereof to the claimant and to the Attorney General at least 15 days
prior to the time fixed for the hearing.



4903. On such hearing the claimant shall introduce evidence in
support of the claim, and the Attorney General may introduce evidence
in opposition thereto. The claimant must prove the facts set forth
in the statement constituting the claim, including the fact that the
crime with which he was charged was either not committed at all, or,
if committed, was not committed by him, the fact that he did not, by
any act or omission on his part, either intentionally or negligently,
contribute to the bringing about of his arrest or conviction for the
crime with which he was charged, and the pecuniary injury sustained
by him through his erroneous conviction and imprisonment.



4904. If the evidence shows that the crime with which the claimant
was charged was either not committed at all, or, if committed, was
not committed by the claimant, and that the claimant did not, by any
act or omission either intentionally or negligently, contribute to
the bringing about of his or her arrest or conviction, and that the
claimant has sustained pecuniary injury through his or her erroneous
conviction and imprisonment, the California Victim Compensation and
Government Claims Board shall report the facts of the case and its
conclusions to the next Legislature, with a recommendation that an
appropriation be made by the Legislature for the purpose of
indemnifying the claimant for the pecuniary injury. The amount of the
appropriation recommended shall be a sum equivalent to one hundred
dollars ($100) per day of incarceration served subsequent to the
claimant's conviction and that appropriation shall not be treated as
gross income to the recipient under the Revenue and Taxation Code.



4905. The California Victim Compensation and Government Claims
Board shall make up its report and recommendation and shall give to
the Controller a statement showing its recommendations for
appropriations under this chapter, as provided by law in cases of
other claimants against the state for which no appropriations have
been made.



4906. The California Victim Compensation and Government Claims
Board is hereby authorized to make all needful rules and regulations
consistent with the law for the purpose of carrying into effect this
chapter.
ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM
THE DEPARTMENT OF CORRECTIONS AND REHABILITATION


5000. Commencing July 1, 2005, any reference to the Department of
Corrections in this or any other code refers to the Department of
Corrections and Rehabilitation, Division of Adult Operations.
Nothing in the act enacted by Senate Bill 737 of the 2005-06
Regular Session shall be construed to alter the primary objective of
adult incarceration under the reorganized Department of Corrections
and Rehabilitation, which remains public safety as articulated in the
legislative findings and declarations set forth in Section 1170.



5001. The Governor may request the State Personnel Board to use
extensive recruitment and merit selection techniques and procedures
to provide lists of persons qualified for appointment pursuant to
Article 14 (commencing with Section 12838) of Chapter 1 of Part 2.5
of Division 3 of the Government Code. The Governor may appoint any
person from the lists of qualified persons or may reject all names
and appoint other persons who meet the requirements of the positions.



5002. (a) The department shall succeed to and is hereby vested with
all of the powers and duties exercised and performed by the
following departments, boards, bureaus, commissions, and officers
when such powers and duties are not otherwise vested by law:
(1) The Department of Penology.
(2) The State Board of Prison Directors.
(3) The Bureau of Paroles.
(4) The warden and the clerk of the California State Prison at San
Quentin.
(5) The warden and the clerk of the California State Prison at
Folsom.
(6) The warden of and the clerk of the California Institution for
Men.
(7) The California Crime Commission.
(b) Whenever any designation of any of the departments, boards,
bureaus, commissions, or officers mentioned in subdivision (a) is
contained in any provision of law and this designation is expressly
made to refer to the Department of Corrections, the Board of
Corrections or the Board of Prison Terms, then the Department of
Corrections, the Board of Corrections or the Board of Prison Terms,
to whichever one the designation is made to refer, shall exercise the
power or perform the duty heretofore exercised or performed by the
particular departments, boards, bureaus, or officers mentioned in
subdivision (a).
(c) The powers and duties of the State Board of Prison Directors
and of the clerks of the state prisons and the California Institution
for Men are transferred to and shall be exercised and performed by
the Department of Corrections, except as may be otherwise expressly
provided by law.
(d) The powers and duties of wardens of the state prisons and the
California Institution for Men, presently or hereafter, expressly
vested by law in them shall be exercised by them but such exercise
shall be subject to the supervision and control of the Director of
Corrections. All powers and duties not expressly vested in the
wardens are transferred to and shall be exercised and performed by
the Department of Corrections. When the designation of warden is
expressly made to refer to the Department of Corrections, the
department shall exercise the power and perform the duty heretofore
exercised or performed by the warden.
(e) The Board of Prison Terms shall succeed to and is hereby
vested with all of the powers and duties exercised and performed by
the following boards when such powers and duties are not otherwise
vested by law:
(1) The Board of Prison Terms and Paroles.
(2) The Advisory Pardon Board.
(3) The Adult Authority.
(4) The Women's Board of Terms and Paroles.
(5) The Community Release Board.



5003. The department has jurisdiction over the following prisons
and institutions:
(a) The California State Prison at San Quentin.
(b) The California State Prison at Folsom.
(c) The California Institution for Men.
(d) The California Institution for Women.
(e) The Deuel Vocational Institution.
(f) The California Medical Facility.
(g) The Correctional Training Facility.
(h) The California Men's Colony.
(i) The California Correctional Institution at Tehachapi.
(j) The California Rehabilitation Center.
(k) The California Correctional Center at Susanville.
(l) The Sierra Correctional Center.
(m) The Richard J. Donovan Correctional Facility at Rock Mountain.

(n) Mule Creek State Prison.
(o) Northern California Women's Facility.
(p) Pelican Bay State Prison.
(q) Avenal State Prison.
(r) California State Prison--King's County at Corcoran.
(s) Chuckawalla Valley State Prison.
(t) Those other institutions and prison facilities as the
Department of Corrections or the Director of Corrections may be
authorized by law to establish, including, but not limited to,
prisons in Madera, Kern, Imperial, and Los Angeles Counties.



5003.5. The Board of Parole Hearings is empowered to advise and
recommend to the Secretary of the Department of Corrections and
Rehabilitation on general and specific policies and procedures
relating to the duties and functions of the secretary. The secretary
is empowered to advise and recommend to the board on matters of
general and specific policies and procedures, relating to the duties
and functions of the board. The secretary and the board shall meet
for purposes of exchange of information and advice.



5004. The Director of Corrections and the legislative body of any
county or city may enter into agreements for mutual police aid.
Pursuant to such agreements the director may authorize employees of
state prisons and institutions to cooperate, anywhere within the
State, with county and city peace officers in connection with any
existing emergency. While so employed the employees shall have all
the benefits of workmen's compensation laws, retirement laws, and all
other similar laws and for such purposes shall be deemed to be
performing services in the course of their regular official duties.



5004.5. The director shall require each state prison under the
department's jurisdiction to develop a Mutual Aid Escape Pursuit Plan
and Agreement with local law enforcement agencies. The plan,
together with any supporting information, shall be submitted for
annual review to the city council of the city containing or nearest
to the institution and to the county board of supervisors of the
county containing the prison.
Nothing in this section shall require the department to disclose
any information which may threaten the security of an institution or
the safety of the surrounding community.



5005. The department may maintain a canteen at any prison or
institution under its jurisdiction for the sale to persons confined
therein of toilet articles, candy, notions, and other sundries, and
may provide the necessary facilities, equipment, personnel, and
merchandise for the canteen. The director shall specify what
commodities shall be sold in the canteen. The sale prices of the
articles offered for sale shall be fixed by the director at the
amounts that will, as far as possible, render each canteen
self-supporting. The department may undertake to insure against
damage or loss of canteen and handicraft materials, supplies and
equipment owned by the Inmate Welfare Fund of the Department of
Corrections as provided in Section 5006.
The canteen operations at any prison or institution referred to in
this section shall be audited biennially by the Department of
Finance, and at the end of each intervening fiscal year, each prison
or institution shall prepare a statement of operations. At least one
copy of any audit report or statement of operations shall be posted
at the canteen and at least one copy shall be available to inmates at
the library of each prison or institution.




5006. All moneys now held for the benefit of prisoners including
that known as the Inmate Canteen Fund of the California Institution
for Men, and the Inmate Welfare Fund of the California Institution
for Women, and the Trust Contingent Fund of the State Prison at
Folsom, and the S.P.L. Commissary, Canteen Account, Hobby
Association, Camp Account, Library Fund, News Agency of the State
Prison at San Quentin, the Prisoners' Fund, and the Prisoners'
Employment Fund, shall be deposited in the Inmate Welfare Fund of the
Department of Corrections, in the State Treasury, which fund is
hereby created. The money in the fund shall be used for the benefit,
education, and welfare of inmates of prisons and institutions under
the jurisdiction of the Department of Corrections, including but not
limited to the establishment, maintenance, employment of personnel
for, and purchase of items for sale to inmates at canteens maintained
at the state institutions, and for the establishment, maintenance,
employment of personnel and necessary expenses in connection with the
operation of the hobby shops at institutions under the jurisdiction
of the Department of Corrections.
There shall be deposited in the Inmate Welfare Fund all net
proceeds from the operation of canteens and hobby shops and any
moneys which may be assigned to the state prison by prisoners for
deposit in the fund. The moneys in the fund shall constitute a trust
held by the Director of Corrections for the benefit and welfare as
herein defined of all of the inmates of institutions and prisons
under the jurisdiction of the Department of Corrections.
The Department of Finance shall conduct a biennial audit of the
Inmate Welfare Fund to include an audit report which shall summarize
expenditures from the fund by major categories. At the end of each
intervening fiscal year, a statement of operations shall be prepared
which shall contain the same information as would be provided in the
biennial audit. At least one copy of any statement of operations or
audit report shall be placed in each library maintained by the
Department of Corrections and shall be available there to any inmate.




5006.1. Notwithstanding any provision in Section 5006, money in the
Inmate Welfare Fund shall not be expended to pay charges for any or
all of the following purposes:
(a) Overtime for staff coverage of special events.
(b) Television repair.
(c) Athletic and recreation supplies.
(d) Original complement of television sets and replacement of
television equipment.
The department shall pay these charges out of any money
appropriated for these purposes.


5007. The Director of Corrections may invest any money in the
Inmate Welfare Fund that in his opinion is not necessary for
immediate use, with the approval of the Department of Finance, and
interest earned and other increment derived from investments made
pursuant to this section shall be paid into the Inmate Welfare Fund
of the Department of Corrections.



5007.5. (a) The Director of Corrections is authorized to charge a
fee in the amount of five dollars ($5) for each inmate-initiated
medical visit of an inmate confined in the state prison.
(b) The fee shall be charged to the prison account of the inmate.
If the inmate has no money in his or her personal account, there
shall be no charge for the medical visit.
(c) An inmate shall not be denied medical care because of a lack
of funds in his or her prison account.
(d) The medical provider may waive the fee for any
inmate-initiated treatment and shall waive the fee in any
life-threatening or emergency situation, defined as those health
services required for alleviation of severe pain or for immediate
diagnosis and treatment of unforeseen medical conditions that if not
immediately diagnosed and treated could lead to disability or death.

(e) Followup medical visits at the direction of the medical staff
shall not be charged to the inmate.
(f) All moneys received by the Director of Corrections pursuant to
this section shall, upon appropriation by the Legislature, be
expended to reimburse the Department of Corrections for direct
provision of inmate health care services.



5007.7. Pregnant inmates temporarily taken to a hospital outside
the prison for the purposes of childbirth shall be transported in the
least restrictive way possible, consistent with the legitimate
security needs of each inmate. Upon arrival at the hospital, once the
inmate has been declared by the attending physician to be in active
labor, the inmate shall not be shackled by the wrists, ankles, or
both, unless deemed necessary for the safety and security of the
inmate, the staff, and the public.



5008. The Director of Corrections shall deposit any funds of
inmates in his possession in trust with the Treasurer pursuant to
Section 16305.3 of the Government Code, except that the Director of
Corrections, when specifically authorized on a separate written form
by the inmate and subject to the approval of the Department of
Finance, may deposit such funds in interest-bearing bank accounts or
invest or reinvest such funds in any of the securities which are
described in Article 1 (commencing with Section 16430) of Chapter 3
of Part 2 of Division 4 of Title 2 of the Government Code and for the
purposes of deposit or investment only may mingle the funds of any
inmate with the funds of other inmates. The director shall deposit
the interest or increment accruing on such funds in the Inmate
Welfare Fund. Any interest or increment accruing on the funds of a
parolee shall be deposited in his or her account.



5008.1. Subject to the availability of adequate state funding for
these purposes, the Director of Corrections shall provide all inmates
at each penal institution and prison facility under the jurisdiction
of the department with information about behavior that places a
person at high risk for contracting the human immunodeficiency virus
(HIV), and about the prevention of transmission of acquired immune
deficiency syndrome (AIDS). The director shall provide all inmates,
who are within one month of release or being placed on parole, with
information about agencies and facilities that provide testing,
counseling, medical, and support services for AIDS victims.
Information about AIDS prevention shall be solicited by the director
from the State Department of Health Services, the county health
officer, or local agencies providing services to persons with AIDS.
The Director of Health Services, or his or her designee, shall
approve protocols pertaining to the information to be disseminated
under this section.


5008.2. (a) During the intake medical examination or intake health
screening, or while providing general information during intake, the
department shall provide all inmates with information on hepatitis C,
including, but not limited to, methods of hepatitis C transmission
and prevention, and information on opportunities for screening and
treatment while incarcerated. This subdivision shall be implemented
only to the extent that brochures, other printed information, or
other media is provided at no charge to the department by public
health agencies or any other organization promoting hepatitis C
education.
(b) The department shall also provide hepatitis C screening to all
inmates who request it, and offer it to inmates that have a history
of intravenous drug use or other risk factors for hepatitis C. This
testing shall be confidential. The medical copayment authorized in
Section 5007.5 shall not be charged for hepatitis C testing,
treatment, or any followup testing.



5009. (a) It is the intention of the Legislature that all prisoners
shall be afforded reasonable opportunities to exercise religious
freedom.
(b) (1) Except in extraordinary circumstances, upon the transfer
of an inmate to another state prison institution, any member of the
clergy or spiritual adviser who has been previously authorized by the
Department of Corrections and Rehabilitation to visit that inmate
shall be granted visitation privileges at the institution to which
the inmate is transferred within 72 hours of the transfer.
(2) Visitations by members of the clergy or spiritual advisers
shall be subject to the same rules, regulations, and policies
relating to general visitations applicable at the institution to
which the inmate is transferred.
(3) A departmental or volunteer chaplain who has ministered to or
advised an inmate incarcerated in state prison may, voluntarily and
without compensation, continue to minister to or advise the inmate
while he or she is on parole, provided that the departmental or
volunteer chaplain so notifies the warden and the parolee's parole
agent in writing.
(c) Nothing in this section limits the department's ability to
prohibit a departmental chaplain from ministering to a parolee, or to
exclude a volunteer chaplain from department facilities, if either
is found to be in violation of any law or regulation and that
violation would ordinarily be grounds for adverse action or denial of
access to a facility or person under the department's custody.




5010. (a) The Legislature hereby finds and declares that the
predominant purpose of exercise in correctional facilities should be
for the maintenance of the general health and welfare of inmates and
that exercise equipment and programs in correctional facilities
should be consistent with this purpose.
The Legislature further finds and declares that in some cases it
may be beneficial to provide access to weights for therapeutic or
rehabilitative reasons under a doctor's order or for certain
vocational activities such as firefighting.
(b) It is the intent of the Legislature that both the Department
of Corrections and the Department of the Youth Authority eliminate or
restrict access to weights and weight lifting equipment where it is
determined that the particular type of equipment involved or the
particular prison population or inmate involved poses a safety
concern both in the correctional facility and to the public upon
release. In those instances where inmates are allowed access to
weights and weight lifting equipment, access shall be a privilege.
As a condition of inmate access to weights and weight lifting
equipment, the departments may require inmates to participate in
training in the proper use of weights and weight lifting equipment
that emphasizes departmental rules and safety practices that must be
observed when using weights and weight lifting equipment.
The directors of the departments, or their respective designees,
may restrict individual or group access to weights and weight lifting
equipment as deemed necessary for the orderly operation of the
correctional facility.
(c) On or before July 1, 1995, both the Department of Corrections
and the Department of the Youth Authority shall adopt regulations
governing inmate access to weight lifting and weight training
equipment in state prison and California Youth Authority facilities,
respectively. In developing these regulations, the departments shall
consider each of the following:
(1) Some prisoners may utilize weight equipment to develop
strength and increase body mass and size rather than for the
maintenance of general health. This use of weight equipment may
create a risk of harm to other inmates, correctional officers, and
staff and, upon release, to law enforcement officers and the general
public.
(2) The improper use of weights and weight lifting equipment may
result in injuries that require costly medical attention.
(3) Access to weights and weight lifting equipment by inmates may
result in the use of the equipment by inmates to attack other inmates
or correctional officers.


5011. (a) The Department of Corrections shall not require, as a
condition for any form of treatment or custody that the department
offers, an admission of guilt to any crime for which an inmate was
committed to the custody of the department.
(b) The Board of Prison Terms shall not require, when setting
parole dates, an admission of guilt to any crime for which an inmate
was committed.


5021. (a) Any death that occurs in any facility operated by the
Department of Corrections, the Department of the Youth Authority, the
State Department of Mental Health, a city, county, or city and
county, including county juvenile facilities, or any facility which
is under contract with any of these entities for the incarceration,
rehabilitation, holding, or treatment of persons accused or convicted
of crimes, shall be reported within a reasonable time, not to exceed
two hours, of its discovery by authorities in the facility to the
county sheriff, or his or her designated representative, and to the
coroner's office, of the county in which the facility is located, as
provided in Section 27491 of the Government Code. These deaths shall
also be reported to the district attorney, or his or her designated
representative, of the county in which the facility is located as
soon as a representative of the district attorney's office is on
duty. If the facility is located within the city limits of an
incorporated city, the report shall also be made to the chief of
police in that city, or to his or her designated representative,
within a reasonable time, not to exceed two hours, of its discovery.

Any death of a person in a facility operated by the Department of
Corrections or by the Department of the Youth Authority shall also be
reported to the Chief of Medical Services in the Central Office of
the Department of Corrections, or his or her designated
representative, or to the Chief of Medical Services in the Central
Office of the Department of the Youth Authority, or his or her
designated representative, whichever applies, as soon as a
representative of that office is on duty.
(b) The initial report of the death of a person required in
subdivision (a) may be transmitted by telephone, direct contact, or
by written notification, and shall outline all pertinent facts known
at the time the report is made and all persons to contact, in
addition to any other information the reporting person or officer
deems pertinent.
(c) The initial report of the death of a person as required in
subdivision (a) shall be supplemented by a written report, which
shall be submitted to the entities listed in subdivision (a) within
eight hours of the discovery of the death. This written report shall
include all circumstances and details of the death that were known
at the time the report was prepared, and shall include the names of
all persons involved in the death, and all persons with knowledge of
the circumstances surrounding the death.



5022. (a) Upon the entry of a prisoner into a facility operated by
the Department of Corrections, and at least every year thereafter,
the Director of Corrections shall obtain from the prisoner the name
and last known address and telephone number of any person or persons
who shall be notified in the event of the prisoner's death or serious
illness or serious injury, as determined by the physician in
attendance, and who are authorized to receive his or her body. The
persons shall be noted in the order of the prisoner's preference.
The Director of Corrections shall provide the prisoner with the
opportunity to modify or amend his or her notification list at any
time.
(b) The Director of Corrections shall use all reasonable means to
contact the person or persons set forth in the notification list upon
the death or serious illness or serious injury, as determined by the
physician in attendance, of the prisoner while confined in a
facility operated by the Department of Corrections.



5023. (a) It is the intent of the Legislature that the Department
of Corrections operate in the most cost-effective and efficient
manner possible when purchasing health care services for inmates. To
achieve this goal, it is desirable that the department have the
benefit and experience of the California Medical Assistance
Commission in planning and negotiating for the purchase of health
care services.
(b) The Department of Corrections shall consult with the
commission to assist the department in planning and negotiating
contracts for the purchase of health care services. The commission
shall advise the department, and may negotiate directly with
providers on behalf of the department, as mutually agreed upon by the
commission and the department.



5023.5. (a) Notwithstanding any other provision of law, the
Department of Corrections and the Department of the Youth Authority
may contract with providers of emergency health care services.
Hospitals that do not contract with the Department of Corrections or
the Department of the Youth Authority for emergency health care
services shall provide these services to these departments on the
same basis as they are required to provide these services pursuant to
Section 489.24 of Title 42 of the Code of Federal Regulations.
Neither the Department of Corrections nor the Department of the Youth
Authority shall reimburse a hospital that provides these services,
and that the department has not contracted with, at a rate that
exceeds the hospital's reasonable and allowable costs, regardless of
whether the hospital is located within or outside of California.
(b) An entity that provides ambulance or any other emergency or
nonemergency response service to the Department of Corrections or the
Department of the Youth Authority, and that does not contract with
the departments for that service, shall be reimbursed for the service
at the rate established by Medicare. Neither the Department of
Corrections nor the Department of the Youth Authority shall reimburse
a provider of any of these services that the department has not
contracted with at a rate that exceeds the provider's reasonable and
allowable costs, regardless of whether the provider is located within
or outside of California.
(c) The Department of Corrections and the Department of the Youth
Authority shall work with the State Department of Health Services in
obtaining hospital cost information in order to establish the costs
allowable under this section. The State Department of Health
Services may provide the Department of Corrections or the Department
of the Youth Authority with hospital cost information that the State
Department of Health Services obtains pursuant to Sections 14170 and
14171 of the Welfare and Institutions Code.
(d) For the purposes of this section, "reasonable and allowable
costs" shall be defined in accordance with Part 413 of Title 42 of
the Code of Federal Regulations and federal Centers for Medicare and
Medicaid Services Publication Numbers 15.1 and 15.2.



5024. (a) The Legislature finds and declares that:
(1) State costs for purchasing drugs and medical supplies for the
health care of offenders in state custody have grown rapidly in
recent years and will amount to almost seventy-five million dollars
($75,000,000) annually in the 1999-2000 fiscal year.
(2) The Bureau of State Audits found in a January 2000 audit
report that the state could save millions of dollars annually by
improving its current processes for the procurement of drugs for
inmate health care and by pursuing alternative procurement methods.
(3) It is the intent of the Legislature that the Department of
Corrections, in cooperation with the Department of General Services
and other appropriate state agencies, take prompt action to adopt
cost-effective reforms in its drug and medical supply procurement
processes by establishing a program to obtain rebates from drug
manufacturers, implementing alternative contracting and procurement
reforms, or by some combination of these steps.
(b) (1) The Director of the Department of Corrections, pursuant to
the Administrative Procedure Act, Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, may adopt regulations requiring manufacturers of drugs to pay
the department a rebate for the purchase of drugs for offenders in
state custody that is at least equal to the rebate that would be
applicable to the drug under Section 1927(c) of the federal Social
Security Act (42 U.S.C. Sec. 1396r-8(c)). Any such regulation shall,
at a minimum, specify the procedures for notifying drug
manufacturers of the rebate requirements and for collecting rebate
payments.
(2) If a rebate program is implemented, the director shall
develop, maintain, and update as necessary a list of drugs to be
provided under the rebate program, and establish a rate structure for
reimbursement of each drug included in the rebate program. Rates
shall not be less than the actual cost of the drug. However, the
director may purchase a listed drug directly from the manufacturer
and negotiate the most favorable bulk price for that drug. In order
to minimize state administrative costs and maximize state benefits
for the rebate program, the director may establish a program that
focuses upon obtaining rebates for those drugs that it determines are
purchased by the department in relatively large volumes.
(3) If a rebate program is implemented, the department shall
submit an invoice, not less than two times per year, to each
manufacturer for the amount of the rebate required by this
subdivision. Drugs may be removed from the list for failure to pay
the rebate required by this subdivision, unless the department
determines that purchase of the drug is a medical necessity or that
purchase of the drug is necessary to comply with a court order to
ensure the appropriate provision of quality health care to offenders
in state custody.
(4) In order to minimize state administrative costs and maximize
state benefits for such a rebate program, if one is implemented, the
Department of Corrections may enter into interagency agreements with
the Department of General Services, the State Department of Health
Services, the State Department of Mental Health, or the State
Department of Developmental Services, the University of California,
another appropriate state department, or with more than one of those
entities, for joint participation in a rebate program, collection and
monitoring of necessary drug price and rebate data, the billing of
manufacturers for rebates, the resolution of any disputes over
rebates, and any other services necessary for the cost-effective
operation of the rebate program.
(5) The Department of Corrections, separately or in cooperation
with other state agencies, may contract for the services of a
pharmaceutical benefits manager for any services necessary for the
cost-effective operation of the rebate program, if one is
implemented, or for other services to improve the contracting and
procurement of drugs and medical supplies for inmate health care.
(c) Nothing in this section shall prohibit the department, as an
alternative to or in addition to establishing a rebate program for
drugs for inmate health care, from implementing, in cooperation with
the Department of General Services and other appropriate state
agencies, other cost-effective strategies for procurement of drugs
and medical supplies for offenders in state custody, including, but
not limited to:
(1) Improvements in the existing statewide master agreement
procedures for purchasing contract and noncontract drugs at a
discount from drug manufacturers.
(2) Participation by offenders in state custody infected with
human immunodeficiency virus (HIV), the etiologic agent of acquired
immune deficiency syndrome (AIDS), in the AIDS Drug Assistance
Program.
(3) Membership in the Minnesota Multistate Contracting Alliance
for Pharmacy (MMCAP) or other cooperative purchasing arrangements
with other governmental entities.
(4) Greater centralization or standardization of procurement of
drugs and medical supplies among individual prisons in the Department
of Corrections prison system.
(d) The Bureau of State Audits shall report to the Legislature and
the Governor by January 10, 2002, its findings in regard to:
(1) An evaluation of the trends in state costs for the procurement
of drugs and medical supplies for offenders in state custody, and an
assessment of the major factors affecting those trends.
(2) A summary of the steps taken by the Department of Corrections,
the Department of General Services, and other appropriate state
agencies to implement this section.
(3) An evaluation of the compliance by these state agencies with
the findings and recommendations of the January 2000 Bureau of State
Audits report for reform of procurement of drugs and medical supplies
for offenders in state custody.
(4) Any further recommendations of the Bureau of State Audits for
reform of state drug procurement practices, policies, or statutes.



5024.5. (a) The Department of Corrections shall adopt policies,
procedures, and criteria to identify selected medication categories
for the development of utilization protocols based on best practices,
and the use of generic and therapeutic substitutes, as appropriate.

(b) The department shall develop utilization and treatment
protocols for select medication categories based on defined priority
criteria, including, but not limited to, the cost of the medications.

(c) On or before April 1, 2006, the department shall provide
information, as part of the fiscal committee budget hearings for the
2006-07 budget year, on the impact of the adoption of these
protocols.
(d) The department shall coordinate the implementation of this
section with the Department of General Services' prescription drug
bulk purchasing program pursuant to Chapter 12 (commencing with
Section 14977) of Part 5.5 of Division 3 of Title 2 of the Government
Code, in order to better achieve the goals and intent of that
program.
(e) It is the intent of the Legislature that the department shall
complete the implementation of this section utilizing the existing
resources of the department.


5025. (a) On or before July 1, 1993, the Department of Corrections
shall implement and maintain procedures to identify inmates serving
terms in state prison who are undocumented aliens subject to
deportation. This identification procedure shall be completed, as to
each inmate, within 90 days of the Department of Corrections having
taken custody of the inmate.
(b) The procedures implemented by the department, pursuant to
subdivision (a), shall include, but not be limited to, the following
criteria for determining the country of citizenship of any person
serving a term in state prison:
(1) Country of citizenship.
(2) Place of birth.
(3) Inmate's statements.
(4) Prior parole records.
(5) Prior arrest records.
(6) Probation Officer's Report (POR).
(7) Information from the Department of Justice's Criminal
Identification and Information Unit.
(8) Other legal documents.
(c) The Department of Corrections shall report annually to the
Legislature the number of persons identified as undocumented aliens
pursuant to subdivision (a). The reports shall contain the number of
persons referred, the race, national origin, and national ancestry
of persons referred, the offense or offenses for which the person was
committed to state prison, and the disposition of the referral, if
known.


5025. (a) Immediately upon the effective date of the amendments to
this section made at the 1993-94 First Extraordinary Session of the
Legislature, the Department of Corrections and the Department of the
Youth Authority shall implement and maintain procedures to identify,
within 90 days of assuming custody, inmates serving terms in state
prison or wards of the Department of the Youth Authority who are
undocumented felons subject to deportation. The Department of
Corrections and the Department of the Youth Authority shall refer to
the United States Immigration and Naturalization Service the name and
location of any inmate or ward who may be an undocumented alien and
who may be subject to deportation for a determination of whether the
inmate or ward is undocumented and subject to deportation. The
Department of Corrections and the Department of the Youth Authority
shall make case files available to the United States Immigration and
Naturalization Service for purposes of investigation.
(b) The procedures implemented by the department pursuant to
subdivision (a) shall include, but not be limited to, the following
criteria for determining the country of citizenship of any person
serving a term in the state prison:
(1) Country of citizenship.
(2) Place of birth.
(3) Inmate's statements.
(4) Prior parole records.
(5) Prior arrest records.
(6) Probation Officer's Report (POR).
(7) Information from the Department of Justice's Criminal
Identification and Information Unit.
(8) Other legal documents.
(c) Within 48 hours of identifying an inmate or ward as an
undocumented felon pursuant to subdivision (a), the Department of
Corrections and the Department of the Youth Authority shall cause the
inmate or ward to be transferred to the custody of the United States
Attorney General for appropriate action. Once an inmate or ward has
been identified as an undocumented felon by the United States
Immigration and Naturalization Service, the inmate or ward shall not
undergo any additional evaluation or classification procedures other
than those required for the safety or security of the institution,
the inmate or ward, or the public.
(d) The Department of Corrections shall report quarterly to the
Legislature the number of persons referred to the United States
Immigration and Naturalization Service pursuant to subdivision (a).
The report shall contain the number of persons transported, the race,
national origin, and national ancestry of persons transported, the
offense or offenses for which the persons were committed to state
prison, and the facilities to which the persons were transported.



5026. The Department of Corrections shall cooperate with the United
States Immigration and Naturalization Service by providing the use
of prison facilities, transportation, and general support, as needed,
for the purposes of conducting and expediting deportation hearings
and subsequent placement of deportation holds on undocumented aliens
who are incarcerated in state prison.



5028. (a) Upon the entry of any person who is currently or was
previously a foreign national into a facility operated by the
Department of Corrections, the Director of Corrections shall inform
the person that he or she may apply to be transferred to serve the
remainder of his or her prison term in his or her current or former
nation of citizenship. The director shall inform the person that he
or she may contact his or her consulate and shall ensure that if
notification is requested by the inmate, that the inmate's nearest
consulate or embassy is notified without delay of his or her
incarceration.
(b) Upon the request of a foreign consulate representing a nation
that requires mandatory notification under Article 36 of the Vienna
Convention on Consular Relations Treaty listed in subdivision (d) of
Section 834c, the Department of Corrections shall provide the foreign
consulate with a list of the names and locations of all inmates in
its custody that have self-identified that nation as his or her place
of birth.
(c) The Department of Corrections shall implement and maintain
procedures to process applications for the transfer of prisoners to
their current or former nations of citizenship under subdivision (a)
and shall forward all applications to the Governor or his or her
designee for appropriate action.



5029. (a) The Director of Corrections shall ensure that documents,
computers, or computer accessible media containing personal
information relating to an employee of the Department of Corrections
are not removed from the state prison without proper authorization
from the warden or his or her designee.
(b) Any employee of the Department of Corrections who, without
proper authorization, knowingly removes personal information relating
to an employee of the Department of Corrections from the state
prison in violation of subdivision (a), or who fails to provide the
appropriate notice as required in subdivision (c), is subject to
disciplinary action.
(c) (1) An employee who removes personal information shall, once
the employee is aware that the information either is lost or stolen
or cannot be accounted for, make a reasonable effort to immediately
notify the warden, or his or her designee, of that fact.
(2) The warden, or his or her designee, shall attempt to notify
the employee whose personal information either is lost or stolen or
cannot be accounted for within 24 hours of receiving the notice under
paragraph (1).
(d) For purposes of this section, "personal information" shall
have the same meaning as set forth in Section 1798.3 of the Civil
Code.
(e) It is not the intent of the Legislature, in enacting this
section, to inhibit or prevent a person from making a disclosure of
improper governmental activity that is protected by subparagraphs (A)
and (B) of paragraph (2) of subdivision (a) of Section 6129, or by
the California Whistleblower Protection Act, Article 3 (commencing
with Section 8547) of Chapter 6.5 of Division 1 of Title 2 of the
Government Code, or by the Whistleblower Protection Act, Article 10
(commencing with Section 9149.20) of Chapter 1.5 of Part 1 of
Division 2 of Title 2 of the Government Code. Furthermore, nothing
in this section shall be construed to interfere with the authority of
the Office of the Inspector General pursuant to Section 6126.5 of
this code, nor the authority of the State Auditor pursuant to Section
8545.2 of the Government Code.



5030.1. (a) The possession or use of tobacco products by inmates
under the jurisdiction of the Department of Corrections is
prohibited. The Director of Corrections shall adopt regulations to
implement this prohibition, which shall include an exemption for
departmentally approved religious ceremonies.
(b) The use of tobacco products by any person not included in
subdivision (a) on the grounds of any institution or facility under
the jurisdiction of the Department of Corrections is prohibited, with
the exception of residential staff housing where inmates are not
present.
[/align]

[هيثم الفقى]

[align=left]
THE SECRETARY OF THE DEPARTMENT OF CORRECTIONS AND
REHABILITATION

5050. Commencing July 1, 2005, any reference to the Director of
Corrections in this or any other code refers to the Secretary of the
Department of Corrections and Rehabilitation. As of that date, the
office of the Director of Corrections is abolished.




5051.2. The Director of Corrections shall have wide and successful
administrative experience in adult or youth correctional programs
embodying rehabilitative concepts.



5052. Any officer or employee of the Department of Corrections and
Rehabilitation designated in writing by the secretary, shall have
the power of a head of a department pursuant to Article 2 (commencing
at Section 11180) of Chapter 2, Part 1, Division 3, Title 2, of the
Government Code.


5054. Commencing July 1, 2005, the supervision, management and
control of the state prisons, and the responsibility for the care,
custody, treatment, training, discipline and employment of persons
confined therein are vested in the Secretary of the Department of
Corrections and Rehabilitation.



5054.1. The Secretary of the Department of Corrections and
Rehabilitation has full power to order returned to custody any person
under the secretary's jurisdiction. The written order of the
secretary shall be sufficient warrant for any peace officer to return
to actual custody any escaped state prisoner or any state prisoner
released prior to his or her scheduled release date who should be
returned to custody. All peace officers shall execute an order as
otherwise provided by law.



5054.2. Whenever a person is incarcerated in a state prison for
violating Section 261, 264.1, 266c, 285, 286, 288, 288a, 288.5, or
289, and the victim of one or more of those offenses is a child under
the age of 18 years, the Secretary of the Department of Corrections
and Rehabilitation shall protect the interest of that child victim by
prohibiting visitation between the incarcerated person and the child
victim pursuant to Section 1202.05. The secretary shall allow
visitation only when the juvenile court, pursuant to Section 362.6 of
the Welfare and Institutions Code, finds that visitation between the
incarcerated person and his or her child victim is in the best
interests of the child victim.


5055. Commencing July 1, 2005, all powers and duties previously
granted to and imposed upon the Department of Corrections shall be
exercised by the Secretary of the Department of Corrections and
Rehabilitation, except where those powers and duties are expressly
vested by law in the Board of Parole Hearings.
Whenever a power is granted to the secretary or a duty is imposed
upon the secretary, the power may be exercised or the duty performed
by a subordinate officer to the secretary or by a person authorized
pursuant to law by the secretary.


5056. (a) Each state prison under the jurisdiction of the
department shall have a citizens' advisory committee except that one
committee may serve every prison located in the same city or
community. Each committee shall consist of not more than 15 members
appointed by the institution's warden, nine of whom shall be
appointed from a list of nominations submitted to him or her as
follows:
(1) Two persons from nominations submitted by the Assembly Member
in whose district the prison is located.
(2) Two persons from nominations submitted by the Senator in whose
district the prison is located.
(3) Two persons from nominations submitted by the city council of
the city containing or nearest to the institution.
(4) Two persons from nominations submitted by the county board of
supervisors of the county containing the institution.
(5) One person from nominations submitted by the chief of police
of the city containing or nearest to the institution and the county
sheriff of the county containing the institution.
(b) Where a citizens' advisory committee serves more than one
prison, the warden of each prison served by this committee shall
collaborate with every other warden of a prison served by the
committee for the purpose of appointing committee members.
(c) Each committee shall select its own chairperson by a majority
vote of its members. The term of office of all members shall be two
years. In the event of a vacancy due to resignation, death, or
absence from three consecutive meetings, the appointing power shall
fill the vacancy following receipt of written notification that a
vacancy has occurred.
(d) Each committee shall meet at least once every two months or as
often, on the call of the chairperson, as necessary to carry out the
purposes and duties of the committee. Meetings of the committee
shall be open to the public. The warden of each institution shall
meet with the committee at least four times each year.
The advisory committees of the several institutions shall have the
power of visitation of prison facilities and personnel in
furtherance of the goals of this section.
(e) Nothing in this section shall be construed to require the
disclosure by the department of information which may threaten the
security of an institution or the safety of the surrounding
community, nor shall the power of visitation specified in subdivision
(d) extend to situations where institutional security would be
jeopardized.



5056.5. (a) On or before July 1, 2007, the Secretary of the
Department of Corrections and Rehabilitation shall establish a
Reentry Advisory Committee. The committee shall report to the
secretary, who shall serve as chair of the committee. The committee
shall include representation from stakeholders in the successful
administration of reentry programming and shall be comprised of the
following members, appointed by the secretary:
(1) A representative of the California League of Cities.
(2) A representative of the California State Association of
Counties.
(3) A representative of the California State Sheriffs'
Association.
(4) A representative of the California Police Chiefs' Association.

(5) A representative of the Department of Corrections and
Rehabilitation Adult Parole Operations.
(6) A representative of the Department of Mental Health.
(7) A representative of the Department of Social Services.
(8) A representative of the Department of Health Services.
(9) A representative of the Labor and Workforce Development
Agency.
(10) A representative of the County Alcohol and Drug Program
Administrators Association.
(11) A representative of the California Association of Alcohol and
Drug Program Executives.
(12) An individual with experience in providing housing for
low-income individuals.
(13) A recognized expert in restorative justice programs.
(14) An individual with experience in providing education and
vocational training services.
(15) An independent consultant with expertise in community
corrections and reentry services.
(b) The Reentry Advisory Committee shall meet at least quarterly
at a time and place determined by the secretary. Committee members
shall receive compensation for travel expenses pursuant to existing
regulations, but no other compensation.
(c) The Reentry Advisory Committee shall advise the secretary on
all matters related to the successful statewide planning,
implementation, and outcomes of all reentry programs and services
provided by the department, with the goal of reducing recidivism of
all persons under the jurisdiction of the department. The committee
shall consider and advise the secretary on the following issues:
(1) Encouraging collaboration among key stakeholders at the state
and local levels.
(2) Developing a knowledge base of what people need to
successfully return to their communities from prison and what
resources communities need to successfully provide for these needs.
(3) Incorporating reentry outcomes into department organizational
missions and work plans as priorities.
(4) Funding of reentry programs.
(5) Promoting systems of integration and coordination.
(6) Measuring outcomes and evaluating the impact of reentry
programs.
(7) Educating the public about reentry programs and their role in
public safety.
(d) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later statute, that
is enacted before January 1, 2011, deletes or extends that date.



5057. (a) Subject to the powers of the Department of Finance under
Section 13300 of the Government Code, the secretary shall establish
an accounting and auditing system for all of the agencies and
institutions including the prisons which comprise the department in
whatever form that will best facilitate their operation, and may
modify the system from time to time.
(b) The accounting and auditing system shall include those
accounts and records that are necessary to properly account for all
money and property of the inmates.
(c) Except where other disposition is provided by law, all money
belonging to the state received by the department, shall be reported
to the Controller and deposited in the State Treasury monthly.




5057.5. (a) Notwithstanding Section 11005 of the Government Code,
the Director of Corrections may accept a gift or donation of goods or
services to the state following a review and determination by the
director that the gift or donation is not subject to illegal or
discriminatory conditions, that it does not involve the expenditure
of state funds, and that the acceptance of the gift is in the best
interests of the state.
(b) Notwithstanding subdivision (a), the acceptance of a gift or
donation that would involve any expenditure of state funds shall be
subject to Section 11005 of the Government Code.
(c) It is the intent of the Legislature in enacting this section
to recognize the significant contribution that private donors of
goods and services can make in supporting the corrections system, and
the development of effective vocational education and correctional
industries in our prison system. With that objective in mind, the
Director of Corrections is encouraged to further develop the current
system of gifts and donations through the design of a prompt and
efficient review procedure that will encourage donors and protect the
interests of the state.


5058. (a) The director may prescribe and amend rules and
regulations for the administration of the prisons and for the
administration of the parole of persons sentenced under Section 1170
except those persons who meet the criteria set forth in Section 2962.
The rules and regulations shall be promulgated and filed pursuant
to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code, except as otherwise provided in
this section and Sections 5058.1 to 5058.3, inclusive. All rules and
regulations shall, to the extent practical, be stated in language
that is easily understood by the general public.
For any rule or regulation filed as regular rulemaking as defined
in paragraph (5) of subdivision (a) of Section 1 of Title 1 of the
California Code of Regulations, copies of the rule or regulation
shall be posted in conspicuous places throughout each institution and
shall be mailed to all persons or organizations who request them no
less than 20 days prior to its effective date.
(b) The director shall maintain, publish and make available to the
general public, a compendium of the rules and regulations
promulgated by the director pursuant to this section and Sections
5058.1 to 5058.3, inclusive.
(c) The following are deemed not to be "regulations" as defined in
Section 11342.600 of the Government Code:
(1) Rules issued by the director applying solely to a particular
prison or other correctional facility, provided that the following
conditions are met:
(A) All rules that apply to prisons or other correctional
facilities throughout the state are adopted by the director pursuant
to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code.
(B) All rules except those that are excluded from disclosure to
the public pursuant to subdivision (f) of Section 6254 of the
Government Code are made available to all inmates confined in the
particular prison or other correctional facility to which the rules
apply and to all members of the general public.
(2) Short-term criteria for the placement of inmates in a new
prison or other correctional facility, or subunit thereof, during its
first six months of operation, or in a prison or other correctional
facility, or subunit thereof, planned for closing during its last six
months of operation, provided that the criteria are made available
to the public and that an estimate of fiscal impact is completed
pursuant to Sections 6650 to 6670, inclusive, of the State
Administrative Manual.
(3) Rules issued by the director that are excluded from disclosure
to the public pursuant to subdivision (f) of Section 6254 of the
Government Code.



5058.1. (a) For the purposes of this section, "pilot program" means
a program implemented on a temporary and limited basis in order to
test and evaluate the effectiveness of the program, develop new
techniques, or gather information.
(b) The adoption, amendment, or repeal of a regulation by the
director to implement a legislatively mandated or authorized pilot
program or a departmentally authorized pilot program, is exempt from
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, if the following conditions are
met:
(1) A pilot program affecting male inmates affects no more than 10
percent of the total state male inmate population; a pilot program
affecting female inmates affects no more than 10 percent of the total
state female inmate population; and a pilot program affecting male
and female inmates affects no more than 10 percent of the total state
inmate population.
(2) The director certifies in writing that the regulations apply
to a pilot program that qualifies for exemption under this section.
The certification shall include a description of the pilot program
and of the methods the department will use to evaluate the results of
the pilot program.
(3) The certification and regulations are filed with the Office of
Administrative Law and the regulations are made available to the
public by publication pursuant to subparagraph (F) of paragraph (3)
of subdivision (b) of Section 6 of Title 1 of the California Code of
Regulations.
(4) An estimate of fiscal impact is completed pursuant to Sections
6650 to 6670, inclusive, of the State Administrative Manual.
(c) The adoption, amendment, or repeal of a regulation pursuant to
this section becomes effective immediately upon filing with the
Secretary of State.
(d) A regulation adopted pursuant to this section is repealed by
operation of law, and the amendment or repeal of a regulation
pursuant to this section is reversed by operation of law, two years
after the commencement of the pilot program being implemented, unless
the adoption, amendment, or repeal of the regulation is promulgated
by the director pursuant to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
For the purpose of this subdivision, a pilot program commences on the
date the first regulatory change implementing the program is filed
with the Secretary of State.



5058.2. (a) Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code does not apply to a
department action or policy implementing an action, that is based on
a determination by the director that there is a compelling need for
immediate action, and that unless the action is taken, serious
injury, illness, or death is likely to result. The action, or the
policy implementing the action, may be taken provided that the
following conditions shall subsequently be met:
(1) A written determination of imminent danger shall be issued
describing the compelling need and why the specific action or actions
must be taken to address the compelling need.
(2) The written determination of imminent danger shall be mailed
within 10 working days to every person who has filed a request for
notice of regulatory actions with the department and to the Chief
Clerk of the Assembly and the Secretary of the Senate for referral to
the appropriate policy committees.
(b) Any policy in effect pursuant to a determination of imminent
danger shall lapse by operation of law 15 calendar days after the
date of the written determination of imminent danger unless an
emergency regulation is filed with the Office of Administrative Law
pursuant to Section 5058.3. This section shall in no way exempt the
department from compliance with other provisions of law related to
fiscal matters of the state.


5058.3. (a) Emergency adoption, amendment, or repeal of a
regulation by the director shall be conducted pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code, except with respect to the following:
(1) Notwithstanding subdivision (e) of Section 11346.1 of the
Government Code, the initial effective period for an emergency
adoption, amendment, or repeal of a regulation shall be 160 days.
(2) Notwithstanding subdivision (b) of Section 11346.1 of the
Government Code, no showing of emergency is necessary in order to
adopt, amend, or repeal an emergency regulation if the director
instead certifies, in a written statement filed with the Office of
Administrative Law, that operational needs of the department require
adoption, amendment, or repeal of the regulation on an emergency
basis. The written statement shall include a description of the
underlying facts and an explanation of the operational need to use
the emergency rulemaking procedure. This paragraph provides an
alternative to filing a statement of emergency pursuant to
subdivision (b) of Section 11346.1 of the Government Code. It does
not preclude filing a statement of emergency. This paragraph only
applies to the initial adoption and one readoption of an emergency
regulation.
(3) Notwithstanding subdivision (b) of Section 11349.6 of the
Government Code, the adoption, amendment, or repeal of a regulation
pursuant to paragraph (2) shall be reviewed by the Office of
Administrative Law within 20 calendar days after its submission. In
conducting its review, the Office of Administrative Law shall accept
and consider public comments for the first 10 calendar days of the
review period. Copies of any comments received by the Office of
Administrative Law shall be provided to the department.
(4) Regulations adopted pursuant to paragraph (2) of subdivision
(a) are not subject to the requirements of paragraph (2) of
subdivision (a) of Section 11346.1 of the Government Code.
(b) It is the intent of the Legislature, in authorizing the
deviations in this section from the requirements and procedures of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, to authorize the department to
expedite the exercise of its power to implement regulations as its
unique operational circumstances require.




5058.4. (a) The director shall provide for the development and
implementation of a disciplinary matrix with offenses and associated
punishments applicable to all department employees, in order to
ensure notice and consistency statewide. The disciplinary matrix
shall take into account aggravating and mitigating factors for
establishing a just and proper penalty for the charged misconduct, as
required by the California Supreme Court in Skelly v. State
Personnel Board (1975) 15 Cal.3d 194. The presence of aggravating or
mitigating factors may result in the imposition of a greater or a
lesser penalty than might otherwise be mandated by the disciplinary
matrix.
(b) The director shall adopt a code of conduct for all employees
of the department.
(c) The director shall ensure that employees who have reported
improper governmental activities and who request services from the
department are informed of the services available to them.
(d) The department shall post the code of conduct in locations
where employee notices are maintained. On July 1, 2005, and annually
thereafter, the department shall send by electronic mail to its
employees who have authorized access to electronic mail, the
following:
(1) Information regarding the code of conduct.
(2) The duty to report misconduct.
(3) How to report misconduct.
(4) The duty to fully cooperate during investigations.
(5) Assurances against retaliation.



5058.5. In addition to the services rendered by physicians and
surgeons, including psychiatrists, or by psychologists, pursuant to
Sections 5068 and 5079, physicians and surgeons, including
psychiatrists and psychologists, employed by, or under contract to
provide mental health services to, the Department of Corrections may
also provide the following medically or psychologically necessary
services: prescreening of mental disorders; determination of the
mental competency of inmates to participate in classification
hearings; evaluation of parolees during temporary detention;
determining whether mental health treatment should be a condition of
parole; and such other services as may be required which are
consistent with their licensure.



5058.6. The Director of the Department of Corrections shall have
the authority of a head of a department set forth in subdivision (e)
of Section 11181 of the Government Code to issue subpoenas as
provided in Article 2 (commencing with Section 11180) of Chapter 2 of
Division 3 of Title 2 of the Government Code. The department shall
adopt regulations on the policies and guidelines for the issuance of
subpoenas.



5059. This title shall not affect the powers or jurisdiction of the
Department of Transportation as to road camps pursuant to Article 4
(commencing with Section 2760) of Chapter 5 of Title 1 of Part 3.



5060. The Director of Corrections may assist persons discharged,
paroled, or otherwise released from confinement in an institution of
the department and may secure employment for them, and for such
purposes he may employ necessary officers and employees, may purchase
tools, and give any other assistance that, in his judgment, he deems
proper for the purpose of carrying out the objects and spirit of
this section. Repayment of cash assistance received under this
section from the current, or any prior appropriation, shall be
credited to the appropriation current at time of such repayment.



5061. Whenever any person confined in any state institution subject
to the jurisdiction of the Director of Corrections dies, and no
demand or claim is made upon the director or his or her designee for
the body of the deceased inmate by the inmate's next of kin or
legally appointed representative, the director shall dispose of the
body by cremation or burial no sooner than 10 calendar days after the
inmate's death. The director or his or her designee may waive the
10-day waiting period for disposal of the deceased inmate's body if
confirmation is received that the inmate's next of kin, or legally
appointed representative, refuses to take possession of the body. If
any personal funds or property of that person remains in the custody
or possession of the Director of Corrections, the funds shall be
applied to the payment of his or her cremation or burial expenses and
related charges in an amount not exceeding those expenses and
charges. If no demand or claim is made upon the director by the
owner of the funds or property or his or her legally appointed
representative, the director shall hold and dispose of those funds or
property as follows:
(a) If the decedent leaves a will, the director shall, within 30
days after the date of death of the decedent, deliver the will to the
clerk of the superior court having jurisdiction of the estate. If
an executor is named in the will, the director shall furnish him or
her written notice of the delivery of the will as provided in this
section.
(b) All money or other personal property of the decedent remaining
in the custody or possession of the director shall be held by him or
her for a period of one year from the date of death of the decedent,
for the benefit of the heirs, legatees or successors in interest of
that decedent.
(c) Upon the expiration of the one-year period, any money
remaining unclaimed in the custody or possession of the director
shall be delivered by him or her to the Treasurer for deposit in the
Unclaimed Property Fund under Article 1 (commencing with Section
1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil
Procedure.
(d) Upon the expiration of the one-year period, all personal
property and documents of the decedent, other than cash, remaining
unclaimed in the custody or possession of the director, shall be
disposed of as follows:
(1) All deeds, contracts, or assignments shall be filed by the
director with the public administrator of the county of commitment of
the decedent.
(2) All other personal property shall be sold by the director at
public auction, or upon a sealed-bid basis, and the proceeds of the
sale delivered by him or her to the Treasurer in the same manner as
is provided in this section with respect to unclaimed money of the
decedent. If he or she deems it expedient to do so, the director may
accumulate the property of several decedents and sell the property
in such lots as he or she may determine, provided that he or she
makes a determination as to each decedent's share of the proceeds.
(3) If any personal property of the decedent is not salable at
public auction, or upon a sealed-bid basis, or if it has no intrinsic
value, or if its value is not sufficient to justify the deposit of
the property in the State Treasury, the director may order it
destroyed.
(4) All other unclaimed personal property of the decedent not
disposed of as provided in paragraph (1), (2), or (3), shall be
delivered by the director to the Controller for deposit in the State
Treasury under Article 1 (commencing with Section 1440) of Chapter 6
of Title 10 of Part 3 of the Code of Civil Procedure.



5062. Whenever any person confined in any state institution subject
to the jurisdiction of the Director of Corrections escapes, or is
discharged or paroled from that institution, and any personal funds
or property of that person remains in the hands of the Director of
Corrections, and no demand is made upon the director by the owner of
the funds or property or his or her legally appointed representative,
all money and other intangible personal property of the person,
other than deeds, contracts, or assignments, remaining in the custody
or possession of the director shall be held by him or her for a
period of three years from the date of that escape, discharge, or
parole, for the benefit of that person or his or her successors in
interest.
Upon the expiration of the three-year period, any money and other
intangible personal property, other than deeds, contracts, or
assignments, remaining unclaimed in the custody or possession of the
director shall be subject to Article 1 (commencing with Section 1500)
of Chapter 7 of Title 10 of Part 3 of the Code of Civil Procedure.
Upon the expiration of one year from the date of that escape,
discharge, or parole:
(a) All deeds, contracts, or assignments shall be filed by the
director with the public administrator of the county of commitment of
that person.
(b) All tangible personal property other than money, remaining
unclaimed in his or her custody or possession, shall be sold by the
director at public auction, or upon a sealed-bid basis, and the
proceeds of the sale shall be held by him or her subject to Section
5008 and subject to Article 1 (commencing with Section 1500) of
Chapter 7 of Title 10 of Part 3 of the Code of Civil Procedure. If
he or she deems it expedient to do so, the director may accumulate
the property of several inmates and may sell the property in lots as
he or she may determine, provided that he or she makes a
determination as to each inmate's share of the proceeds.
If any tangible personal property covered by this section is not
salable at public auction or upon a sealed-bid basis, or if it has no
intrinsic value, or if its value is not sufficient to justify its
retention by the director to be offered for sale at public auction or
upon a sealed-bid basis at a later date, the director may order it
destroyed.



5063. Before any money or other personal property or documents are
delivered to the State Treasurer, State Controller, or public
administrator, or sold at auction or upon a sealed-bid basis, or
destroyed, under the provisions of Section 5061, and before any
personal property or documents are delivered to the public
administrator, or sold at auction or upon a sealed-bid basis, or
destroyed, under the provisions of Section 5062, of this code, notice
of said intended disposition shall be posted at least 30 days prior
to the disposition, in a public place at the institution where the
disposition is to be made, and a copy of such notice shall be mailed
to the last known address of the owner or deceased owner, at least 30
days prior to such disposition. The notice prescribed by this
section need not specifically describe each item of property to be
disposed of.


5064. At the time of delivering any money or other personal
property to the Treasurer or Controller under Section 5061 or of
Article 1 (commencing with Section 1500) of Chapter 7 of Title 10 of
Part 3 of the Code of Civil Procedure, the director shall deliver to
the Controller a schedule setting forth a statement and description
of all money and other personal property delivered, and the name and
last known address of the owner or deceased owner.



5065. When any personal property has been destroyed as provided in
Section 5061 or 5062, no suit shall thereafter be maintained by any
person against the State or any officer thereof for or on account of
such property.


5066. The Director of Corrections shall expand the existing prison
ombudsman program to ensure the comprehensive deployment of ombudsmen
throughout the state prison system with specific focus on the
maximum security institutions.


5068. The Director of Corrections shall cause each person who is
newly committed to a state prison to be examined and studied. This
includes the investigation of all pertinent circumstances of the
person's life such as the existence of any strong community and
family ties, the maintenance of which may aid in the person's
rehabilitation, and the antecedents of the violation of law because
of which he or she has been committed to prison. Any person may be
reexamined to determine whether existing orders and dispositions
should be modified or continued in force.
Upon the basis of the examination and study, the Director of
Corrections shall classify prisoners; and when reasonable, the
director shall assign a prisoner to the institution of the
appropriate security level and gender population nearest the prisoner'
s home, unless other classification factors make such a placement
unreasonable.
As used in this section, "reasonable" includes consideration of
the safety of the prisoner and the institution, the length of term,
and the availability of institutional programs and housing.
As used in this section, "prisoner's home" means a place where the
prisoner's spouse, parents, or children reside at the time of
commitment.
When the diagnostic study of any inmate committed under
subdivision (b) of Section 1168 so indicates, the director shall
cause a psychiatric or psychological report to be prepared for the
Community Release Board prior to the release of the inmate. The
report shall be prepared by a psychiatrist or psychologist licensed
to practice in this state.
Before the release of any inmate committed under subdivision (b)
of Section 1168, the director shall provide the Community Release
Board with a written evaluation of the prisoner.



5068.5. (a) Notwithstanding any other provision of law, except as
provided in subdivision (b), any person employed or under contract to
provide diagnostic, treatment, or other mental health services in
the state or to supervise or provide consultation on these services
in the state correctional system shall be a physician and surgeon, a
psychologist, or other health professional, licensed to practice in
this state.
(b) Notwithstanding Section 5068 or Section 704 of the Welfare and
Institutions Code, the following persons are exempt from the
requirements of subdivision (a), so long as they continue in
employment in the same class and in the same department:
(1) Persons employed on January 1, 1985, as psychologists to
provide diagnostic or treatment services including those persons on
authorized leave but not including intermittent personnel.
(2) Persons employed on January 1, 1989, to supervise or provide
consultation on the diagnostic or treatment services including
persons on authorized leave but not including intermittent personnel.

(c) The requirements of subdivision (a) may be waived in order for
a person to gain qualifying experience for licensure as a
psychologist or clinical social worker in this state in accordance
with Section 1277 of the Health and Safety Code.



5069. (a) The administrative director of the Division of Industrial
Accidents shall formulate procedures for the selection and orderly
referral of injured inmates of state penal or correctional
institutions who may be benefited by rehabilitation services and
retrained for other positions upon release from incarceration. The
State Department of Rehabilitation shall cooperate in both designing
and monitoring results of rehabilitation programs for the disabled
inmates. The primary purpose of this section is to rehabilitate
injured inmates in order that they might engage in suitable and
gainful employment upon their release.
(b) The director shall notify the injured inmate of the
availability of rehabilitation services in those cases where there is
continuing disability of 28 days and beyond. A copy of such
notification shall be forwarded to the State Department of
Rehabilitation.
(c) The initiation of a rehabilitation plan shall be the
responsibility of the director.
(d) Upon establishment of a rehabilitation plan, the injured
inmate shall cooperate in carrying it out.
(e) The injured inmate shall receive such medical and vocational
rehabilitative services as may be reasonably necessary to restore him
to suitable employment.
(f) The injured inmate's rehabilitation benefit is an additional
benefit and shall not be converted to or replace any workmen's
compensation benefit available to him.


5070. Notwithstanding any other provision of law, the *** of a
prison inmate shall not prevent the Director of Corrections from
assigning any prison inmate to academic or vocational training
programs situated in correctional institutions established for the
incarceration of offenders of the opposite ***.



5071. (a) The Secretary of the Department of Corrections and
Rehabilitation shall not assign any prison inmate to employment that
provides that inmate with access to personal information of private
individuals, including, but not limited to, the following: addresses;
telephone numbers; health insurance, taxpayer, school, or employee
identification numbers; mothers' maiden names; demand deposit
account, debit card, credit card, savings account, or checking
account numbers, PINs, or passwords; social security numbers; places
of employment; dates of birth; state- or government-issued driver's
license or identification numbers; alien registration numbers;
government passport numbers; unique biometric data, such as
fingerprints, facial scan identifiers, voice prints, retina or iris
images, or other similar identifiers; unique electronic
identification numbers; address or routing codes; and
telecommunication identifying information or access devices.
(b) Any person who is a prison inmate, and who has access to any
personal information, shall disclose that he or she is a prison
inmate before taking any personal information from anyone.
(c) This section shall not apply to inmates in employment programs
or public service facilities where incidental contact with personal
information may occur.

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[هيثم الفقى]

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THE BOARD OF PAROLE HEARINGS


5075. (a) Commencing July 1, 2005, there is hereby created the
Board of Parole Hearings. As of July 1, 2005, any reference to the
Board of Prison Terms in this or any other code refers to the Board
of Parole Hearings. As of that date, the Board of Prison Terms is
abolished.
(b) The Governor shall appoint 17 commissioners, subject to Senate
confirmation, pursuant to this section. Of those 17 commissioners,
12 shall be appointed and trained to hear only adult matters, and
five shall be appointed and trained to hear only juvenile matters.
The terms of the commissioners shall expire as follows: eight on July
1, 2007, and nine on July 1, 2008. Successor commissioners shall
hold office for terms of three years, each term to commence on the
expiration date of the predecessor. Any appointment to a vacancy that
occurs for any reason other than expiration of the term shall be for
the remainder of the unexpired term. Commissioners are eligible for
reappointment. The selection of persons and their appointment by the
Governor and confirmation by the Senate shall reflect as nearly as
possible a cross section of the racial, ***ual, economic, and
geographic features of the population of the state.
(c) The chair of the board shall be designated by the Governor
periodically. The Governor may appoint an executive officer of the
board, subject to Senate confirmation, who shall hold office at the
pleasure of the Governor. The executive officer shall be the
administrative head of the board and shall exercise all duties and
functions necessary to insure that the responsibilities of the board
are successfully discharged. The secretary shall be the appointing
authority for all civil service positions of employment with the
board.
(d) Each commissioner shall participate in hearings on each
workday, except when it is necessary for a commissioner to attend
training, en banc hearings or full board meetings, or other
administrative business requiring the participation of the
commissioner. For purposes of this subdivision, these hearings shall
include parole consideration hearings, parole rescission hearings,
and parole progress hearings.



5075.1. The Board of Parole Hearings shall do all of the
following:
(a) Conduct parole consideration hearings, parole rescission
hearings, and parole progress hearings for adults and juveniles under
the jurisdiction of the department.
(b) Conduct mentally disordered offender hearings.
(c) Conduct ***ually violent predator hearings.
(d) Review inmates' requests for reconsideration of denial of
good-time credit and setting of parole length or conditions, pursuant
to Section 5077.
(e) Determine revocation of parole for adult offenders under the
jurisdiction of the Division of Adult Parole Operations, pursuant to
Section 5077.
(f) Carry out the functions described in Section 1719 of the
Welfare and Institutions Code, and make every order granting and
revoking parole and issuing final discharges to any person under the
jurisdiction of the Department of Corrections and Rehabilitation.
(g) Conduct studies pursuant to Section 3150 of the Welfare and
Institutions Code.
(h) Investigate and report on all applications for reprieves,
pardons, and commutation of sentence, as provided in Title 6
(commencing with Section 4800) of Part 3.
(i) Exercise other powers and duties as prescribed by law.
(j) Effective January 1, 2007, all commissioners appointed and
trained to hear juvenile parole matters, together with their duties
prescribed by law as functions of the Board of Parole Hearings
concerning wards under the jurisdiction of the Department of
Corrections and Rehabilitation, are transferred to the Chief Deputy
Secretary for Juvenile Justice. All applicable regulations in effect
at the time of transfer shall be deemed to apply to those
commissioners until new regulations are adopted.



5075.5. All commissioners and deputy commissioners who conduct
hearings for the purpose of considering the parole suitability of
prisoners or the setting of a parole release date for prisoners,
shall receive initial training on domestic violence cases and
intimate partner battering and its effects.



5075.6. (a) (1) Commissioners and deputy commissioners hearing
matters pursuant to subdivision (f) of Section 5075.1, or any other
matter involving wards under the jurisdiction of the Division of
Juvenile Facilities, shall have a broad background in, and ability
for, appraisal of youthful law offenders and delinquents, the
circumstances of delinquency for which those persons are committed,
and the evaluation of an individual's progress toward reformation.
Insofar as practicable, commissioners and deputy commissioners
selected to hear these matters also shall have a varied and
sympathetic interest in youth correction work and shall have
experience or education in the fields of corrections, sociology, law,
law enforcement, mental health, medicine, drug treatment, or
education.
(2) Within 60 days of appointment and annually thereafter,
commissioners and deputy commissioners described in subdivision (a)
shall undergo a minimum of 40 hours of training in the following
areas:
(A) Treatment and training programs provided to wards at
Department of Corrections and Rehabilitation institutions, including,
but not limited to, educational, vocational, mental health, medical,
substance abuse, psychotherapeutic counseling, and *** offender
treatment programs.
(B) Current national research on effective interventions with
juvenile offenders and how they compare to department program and
treatment services.
(C) Parole Services.
(D) Commissioner duties and responsibilities.
(E) Knowledge of laws and regulations applicable to conducting
parole hearings, including the rights of victims, witnesses, and
wards.
(F) Factors influencing ward lengths of stay and ward recidivism
rates and their relationship to one another.
(b) (1) Commissioners and deputy commissioners hearing matters
concerning adults under the jurisdiction of the Department of
Corrections and Rehabilitation shall have a broad background in
criminal justice and an ability for appraisal of adult offenders, the
crimes for which those persons are committed, and the evaluation of
an individual's progress toward reformation. Insofar as practicable,
commissioners and deputy commissioners shall have a varied interest
in adult correction work, public safety, and shall have experience or
education in the fields of corrections, sociology, law, law
enforcement, medicine, mental health, or education.
(2) All commissioners and deputy commissioners who conduct
hearings for the purpose of considering the parole suitability of
inmates, the setting of a parole release date for inmates, or the
revocation of parole for adult parolees, shall, within 60 days of
appointment and annually thereafter undergo a minimum of 40 hours of
training in the following areas:
(A) Treatment and training programs provided to inmates at
Department of Corrections and Rehabilitation institutions, including,
but not limited to, educational, vocational, mental health, medical,
substance abuse, psychotherapeutic counseling, and *** offender
treatment programs.
(B) Parole services.
(C) Commissioner duties and responsibilities.
(D) Knowledge of laws and regulations applicable to conducting
parole hearings, including the rights of victims, witnesses, and
inmates.



5076. Each commissioner of the board shall devote his entire time
to the duties of his office and shall receive an annual salary
provided for by Chapter 6 (commencing with Section 11550) of Part 1
of Division 3 of Title 2 of the Government Code.




5076.1. (a) The board shall meet at each of the state prisons and
facilities under the jurisdiction of the Division of Juvenile
Facilities. Meetings shall be held at whatever times may be necessary
for a full and complete study of the cases of all inmates and wards
whose matters are considered. Other times and places of meeting may
also be designated by the board. Each commissioner of the board shall
receive his or her actual necessary traveling expenses incurred in
the performance of his or her official duties. Where the board
performs its functions by meeting en banc in either public or
executive sessions to decide matters of general policy, at least nine
members shall be present, and no action shall be valid unless it is
concurred in by a majority vote of those present.
(b) The board may use deputy commissioners to whom it may assign
appropriate duties, including hearing cases and making decisions.
Those decisions shall be made in accordance with policies approved by
a majority of the total membership of the board.
(c) The board may meet and transact business in panels. Each panel
shall consist of two or more persons, subject to subdivision (d) of
Section 3041. No action shall be valid unless concurred in by a
majority vote of the persons present. In the event of a tie vote, the
matter shall be referred to a randomly selected committee, comprised
of a majority of the commissioners specifically appointed to hear
adult parole matters and who are holding office at the time.
(d) When determining whether commissioners or deputy commissioners
shall hear matters pursuant to subdivision (f) of Section 5075.1, or
any other matter submitted to the board involving wards under the
jurisdiction of the Division of Juvenile Facilities, the chair shall
take into account the degree of complexity of the issues presented by
the case. Any decision resulting in the extension of a parole
consideration date shall entitle a ward to appeal the decision to a
panel comprised of two or more commissioners, of which no more than
one may be a deputy commissioner. The panel shall consider and act
upon the appeal in accordance with rules established by the board.
(e) Consideration of parole release for persons sentenced to life
imprisonment pursuant to subdivision (b) of Section 1168 shall be
heard by a panel of two or more commissioners or deputy
commissioners, of which only one may be a deputy commissioner. A
recommendation for recall of a sentence under subdivisions (d) and
(e) of Section 1170 shall be made by a panel, a majority of whose
commissioners are commissioners of the Board of Parole Hearings.




5076.2. (a) Any rules and regulations, including any resolutions
and policy statements, promulgated by the Board of Prison Terms,
shall be promulgated and filed pursuant to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, and shall, to the extent practical, be stated in
language that is easily understood by the general public.
(b) The Board of Prison Terms shall maintain, publish and make
available to the general public, a compendium of its rules and
regulations, including any resolutions and policy statements,
promulgated pursuant to this section.
(c) The exception specified in this subdivision to the procedures
specified in this section shall apply to the Board of Prison Terms.
The chairperson may specify an effective date that is any time more
than 30 days after the rule or regulation is filed with the Secretary
of State. However, no less than 20 days prior to that effective
date, copies of the rule or regulation shall be posted in conspicuous
places throughout each institution and shall be mailed to all
persons or organizations who request them.



5076.3. The Chairman of the Board of Prison Terms shall have the
authority of a head of a department set forth in subdivision (e) of
Section 11181 of the Government Code to issue subpoenas as provided
in Article 2 (commencing with Section 11180) of Chapter 2 of Division
3 of Title 2 of the Government Code. The board shall adopt
regulations on the policies and guidelines for the issuance of
subpoenas.



5077. The Board of Prison Terms shall review the prisoners'
requests for reconsideration of denial of good-time credit, and
setting of parole length or conditions, and shall have the authority
to modify the previously made decisions of the Department of
Corrections as to these matters. The revocation of parole shall be
determined by the Board of Prison Terms.



5078. (a) The Board of Prison Terms shall succeed to and shall
exercise and perform all powers and duties granted to, exercised by,
and imposed upon the Adult Authority, the California Women's Board of
Terms and Paroles, and the Community Release Board.
(b) The Adult Authority and California Women's Board of Terms and
Paroles are abolished.



5079. The Director of Corrections shall provide facilities and
licensed professional personnel for a psychiatric and diagnostic
clinic and such branches thereof as may be required at one or more of
the state prisons or institutions under the jurisdiction of the
Department of Corrections. The director shall have full
administrative authority and responsibility for operation of the
clinics. All required mental health treatment or diagnostic services
shall be provided under the supervision of a psychiatrist licensed
to practice in this state, or a psychologist licensed to practice in
this state and who holds a doctoral degree and has at least two years
of experience in the diagnosis and treatment of emotional and mental
disorders. All such clinics shall be under the direction of such a
psychiatrist or psychologist. A psychiatrist shall be available to
assume responsibility for all acts of diagnosis or treatment which
may only be performed by a licensed physician and surgeon.
The work of the clinic shall include a scientific study of each
prisoner, his or her career and life history, the cause of his or her
criminal acts and recommendations for his or her care, training, and
employment with a view to his or her reformation and to the
protection of society. The recommendation shall be submitted to the
Director of Corrections and shall not be effective until approved by
the director. The Director of Corrections may modify or reject the
recommendations as he or she sees fit.



5080. The Director of Corrections may transfer persons confined in
one state prison institution or facility of the Department of
Corrections to another. The Board of Prison Terms may request the
Director of Corrections to transfer an inmate who is under its
parole-granting jurisdiction if, after review of the case history in
the course of routine procedures, such transfer is deemed advisable
for the further diagnosis, and treatment of the inmate. The director
shall as soon as practicable comply with such request, provided
that, if facilities are not available he shall report that fact to
the Board of Prison Terms and shall make the transfer as soon as
facilities become available; provided further, that if in the opinion
of the Director of Corrections such transfer would endanger security
he may report that fact to the Board of Prison Terms and refuse to
make such transfer.
When transferring an inmate from one state prison, institution, or
facility of the Department of Corrections to another, the director
may, as necessary or convenient, authorize transportation via a route
that lies partly outside this state.



5081. The Governor may remove any member of the Board of Prison
Terms for misconduct, incompetency or neglect of duty after a full
hearing by the Board of Corrections.
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[هيثم الفقى]

THE ROBERT PRESLEY CENTER OF CRIME AND JUSTICE
STUDIES

5085. The Robert Presley Institute of Corrections Research and
Training, which provides and aggregates research on youth and adult
corrections education and training, is hereby renamed the Robert
Presley Center of Crime and Justice Studies and shall be transferred
to the University of California. It is the intent of the Legislature
that the center be maintained on the Riverside campus of the
University of California.



5086. It is the intent of the Legislature that the university seek
funding from federal, state, and private sources for research
projects carried out by the center under the university's direction.
The center shall have the following research goals:
(a) To better protect the public from crime by determining the
causes of, and means of preventing, violence, crime, and criminal
deviance.
(b) To identify the methods and practices necessary for the most
beneficial operation of law enforcement and local and state youth and
adult correctional institutions.
(c) To reduce violence and recidivism rates in prisons, jails, and
youth facilities.



5087. The chancellor of the Riverside campus may appoint an
advisory committee to assist in establishing research priorities.
The university shall consult with the Department of Corrections, the
Department of the Youth Authority, local law enforcement, probation,
parole, and correctional agencies, and persons of experience or
education in other higher education institutions in the field of
corrections or related fields on the activities of the center. These
projects shall be related to the center's goals as specified in
Section 5086 and may also include, but not be limited to, applied and
theoretical research in the following areas:
(a) Methods of ensuring secure, cost-effective, safe, and
gang-free incarceration in California's correctional institutions,
including approaches to ameliorate overcrowding in those
institutions.
(b) New approaches to reduce inmate and ward recidivism and
consequent victimization of California citizens.
(c) Correctional facility management, planning, design, and
construction.
(d) New approaches to rehabilitate inmates and wards during and
after incarceration and to integrate offenders into society after
incarceration.
(e) New approaches to inmate and ward diagnosis, classification,
and treatment.
(f) At-risk youth and street gang activity.
(g) Law enforcement.


5088. The university shall negotiate and approve terms, services,
and costs of contracts and research projects for purposes of this
chapter.
DIVISION OF JUVENILE FACILITIES

6001. Commencing July 1, 2005, the establishment, organization,
jurisdiction, powers, duties, responsibilities, and functions of the
Youth Authority as provided in the Youth Authority Act (Chapter 1
(commencing with Section 1700) of Division 2.5 of the Welfare and
Institutions Code), as it existed on June 30, 2005, are continued in
the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities.



6005. (a) Whenever a person confined to a correctional institution
under the supervision of the Department of Corrections and
Rehabilitation is charged with a public offense committed within the
confines of that institution and is tried for that public offense, a
city, county, or superior court shall be entitled to reimbursement
for reasonable and necessary costs connected with that matter.
(b) The appropriate financial officer or other designated official
of a county or the city finance officer of a city incurring any
costs in connection with that matter shall make out a statement of
all the costs incurred by the county or city for the investigation,
the preparation for the trial, participation in the actual trial of
the case, all guarding and keeping of the person, and the execution
of the sentence of the person, properly certified to by a judge of
the superior court of the county. The statement may not include any
costs that are incurred by the superior court pursuant to subdivision
(c). The statement shall be sent to the department for its approval.
After the approval the department must cause the amount of the costs
to be paid out of the money appropriated for the support of the
department to the county treasurer of the county or the city finance
officer of the city incurring those costs.
(c) The superior court shall prepare a statement of all costs
incurred by the court for the preparation of the trial and the actual
trial of the case. The statement may not include any costs that are
incurred by the city or county pursuant to subdivision (a). The
statement shall be sent to the Administrative Office of the Courts
for approval and reimbursement.
(d) No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the Department of Corrections and Rehabilitation or to
any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.

[هيثم الفقى]

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EXAMINATION OF STAFF FOR TUBERCULOSIS


6006. The Department of Corrections, Department of the Youth
Authority, Board of Prison Terms, and Youthful Offender Parole Board,
in conjunction with the State Department of Health Services, shall
meet and confer with recognized employee organizations representing
employees pursuant to the Ralph C. Dills Act, Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1 of the
Government Code, to develop rules regarding the mandatory examination
or testing for tuberculosis of the staff of the Department of
Corrections, Department of the Youth Authority, Board of Prison
Terms, and Youthful Offender Parole Board. These rules shall include
mandated annual examination for tuberculosis of all employees with
inmate contact and as a part of preemployment requirements. Except
as provided in Section 6007, the confidentiality of the test results
shall be maintained. However, statistical summaries which do not
identify specific individuals may be prepared.



6006.5. For purposes of this chapter, the following definitions
shall apply:
(a) "Department" means the Department of Corrections, the
Department of the Youth Authority, the Board of Prison Terms, or the
Youthful Offender Parole Board.
(b) "Examination or test" means methods, processes, or other
means, including a chest X-ray, conducted in accordance with the
recommendations of the Centers for Disease Control and Prevention and
as specified in the department's guidelines for tuberculosis
control, to determine if a person has, has had, or has been exposed
to tuberculosis.
(c) "Medical evaluation" means taking a history or gathering other
information and may include, but is not limited to, listening to the
chest or other examinations or tests, as specified in the department'
s guidelines for tuberculosis control, used to diagnose and assess
the health conditions of the person.
(d) "Followup care" means the continued medical evaluations,
monitoring, or care of a person after his or her initial visit,
examination, or test, including, but not limited to, preventive
therapy.
(e) "Certificate" means the official document developed and issued
by the department that indicates the absence of tuberculosis in an
infectious stage and that is signed by a physician and surgeon who is
licensed by the Medical Board of California or the Osteopathic
Medical Board of California under Division 2 (commencing with Section
500) of the Business and Professions Code or his or her designee.
The certificate shall indicate that the examination, test, or
evaluation was performed in accordance with the recommendations of
the Centers for Disease Control and Prevention and as specified in
the department's guidelines for tuberculosis control.
(f) "Negative skin test" shall have the same meaning as it is
defined by the Centers for Disease Control and Prevention and the
department's guidelines for tuberculosis control as the definition
reads at the time of the examination.
(g) "Positive skin test" shall have the same meaning as it is
defined by the Centers for Disease Control and Prevention and the
department's guidelines for tuberculosis control as the definition
reads at the time of the examination.
(h) "Institution" means any state prison, camp, center, office, or
other facility under the jurisdiction of the Department of
Corrections or the Department of the Youth Authority.
(i) "Infectious or contagious stage" means the period when a
disease is capable of being transmitted from one person to another
with or without contact.
(j) "Tuberculosis converter" shall have the same meaning as it is
defined by the Centers for Disease Control and Prevention.



6007. (a) No person shall be employed initially by the department
unless that person, after an offer of employment, completes an
examination, a test, or a medical evaluation and is found to be free
of tuberculosis in an infectious or contagious stage prior to
assuming work duties.
(b) As a condition of continued employment with the department,
those employees who are skin-test negative shall receive an
examination or test at least once a year, or more often if directed
by the department, for as long as the employee remains skin-test
negative. If an employee has a documented positive skin test, the
employee shall have a medical evaluation to determine the need for
followup care. An employee with a positive skin test shall follow
the department's guidelines for tuberculosis control.
(c) The department shall ensure that all examinations or tests and
medical evaluations, as defined in subdivisions (b) and (c) of
Section 6006.5, to diagnose and assess the health conditions of the
person, meet the following conditions:
(1) Are made available to the employee promptly at a reasonable
time and place.
(2) Are made available at no cost to the employee.
(3) Are performed by, or under the supervision of, a licensed
health care professional.
(d) The examinations or tests or medical evaluations required
pursuant to this chapter shall be offered by the department. The
department may contract with a medical provider to administer the
examinations or tests or medical evaluations. Employees who elect
not to accept the department's offer shall obtain the examinations or
tests or medical evaluations through their personal health care
providers at no cost to the department.
The requirements of this section apply to the Department of
Corrections, the Department of the Youth Authority, the Board of
Prison Terms, and the Youthful Offender Parole Board.
Notwithstanding any other provision of law, each department or board
shall be responsible for the costs of the testing or evaluation
required by this section for its own employees or potential
employees.
(e) Followup care for tuberculosis infection or treatment for
tuberculosis disease shall be pursued through the workers'
compensation system as provided in Division 4 (commencing with
Section 3200) and Division 5 (commencing with Section 6300) of the
Labor Code for job-related incidents or through the employee's health
insurance plan for non-job-related incidents. The department shall
file a first report of injury for an employee whose examination or
test for tuberculosis is positive. In addition, the department shall
follow the guidelines, policies, and procedures of the workers'
compensation early intervention program pursuant to Section 3214 of
the Labor Code.
(f) Each employee, including employees who are employed initially,
shall submit a signed certificate to the department annually that
may be reviewed by the chief medical officer of the department.
(g) The department shall maintain a file containing an up-to-date
certificate for each employee.
(h) Nothing in this section shall prevent the department from
requiring and providing more extensive or more frequent examinations
or tests.
(i) The department shall not discriminate against any employee
because the employee tested positive for tuberculosis.
(j) All volunteers of the department shall be required to furnish
the department with a certificate prior to assuming their volunteer
duties and annually thereafter, showing that the volunteer has been
examined and found to be free of tuberculosis in an infectious or
contagious stage.
(k) The department shall maintain a file containing an up-to-date
certificate for each volunteer.
(l) Employees from other state agencies, including, but not
limited to, the State Department of Mental Health and the Department
of Forestry and Fire Protection, who are assigned to work in an
institution, as defined in subdivision (h) of Section 6006.5, or who
are assigned to work with inmates or wards on a regular basis, as
defined in the department's guidelines, shall comply with the
following requirements:
(1) Receive an examination or test prior to assuming their duties
and at least once a year thereafter, or more often if directed by the
department, for as long as the employee remains skin-test negative.

(2) Receive a medical evaluation to determine the need for
followup care and follow the department's guidelines for tuberculosis
control if an employee has a documented positive skin test.
(3) Submit a signed certificate to the department prior to
assuming his or her duties and annually thereafter, showing that the
employee has been found to be free of tuberculosis in an infectious
or contagious state.
(4) Pursue followup care for tuberculosis infection or treatment
for tuberculosis disease through the appropriate programs in their
agency or department.
(m) The department shall offer the examinations, tests, or medical
evaluations required pursuant to this chapter to employees of other
state agencies or departments and may contract with a medical
provider to administer the examinations, tests, or medical
evaluations. Employees of other state agencies or departments who
elect not to accept the department's offer shall obtain the
examinations, tests, or medical evaluations from their personal
health care provider at no cost to the department.
(n) The department shall maintain a file containing an up-to-date
certificate for each employee from other state agencies who works in
an institution.



6008. The Department of Corrections, the Department of the Youth
Authority, the Board of Prison Terms, and the Youthful Offender
Parole Board shall report to the State Department of Health Services
the results of the tuberculosis examinations required by Section
6006.



6009. In enacting this chapter, the Legislature hereby finds and
declares that tuberculosis is a serious contagious disease. It is
vital to the health and safety of inmates, employees, and the public
at large, to conduct appropriate examinations and testing and to
ensure that staff who test positive for tuberculosis obtain
appropriate treatment in order to control the spread of tuberculosis
in California's institutions.
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General Provisions


6024. Commencing July 1, 2005, there is hereby established within
the Department of Corrections and Rehabilitation the Corrections
Standards Authority. As of July 1, 2005, any reference to the Board
of Corrections refers to the Corrections Standards Authority. As of
that date, the Board of Corrections is abolished.



6025. (a) Commencing July 1, 2005, the Corrections Standards
Authority shall be composed of 19 members, one of whom shall be the
Secretary of the Department of Corrections and Rehabilitation, or his
or her designee, who shall be designated as the chairperson, and
four of whom shall be subordinate officers of the secretary. At least
one subordinate officer shall be a manager or administrator of a
state correctional facility for adult offenders, and at least one
subordinate officer shall be a manager or administrator of a state
correctional facility for juvenile offenders. The remaining 14
members shall be appointed by the Governor after consultation with,
and with the advice of, the secretary, and with the advice and
consent of the Senate. The gubernatorial appointments shall include
all of the following:
(1) A county sheriff in charge of a local detention facility which
has a Corrections Standards Authority rated capacity of 200 or less
inmates.
(2) A county sheriff in charge of a local detention facility which
has a Corrections Standards Authority rated capacity of over 200
inmates.
(3) A county supervisor or county administrative officer.
(4) A chief probation officer from a county with a population over
200,000.
(5) A chief probation officer from a county with a population
under 200,000.
(6) A manager or administrator of a county local detention
facility.
(7) An administrator of a local community-based correctional
program.
(8) Two public members, at least one of whom shall represent the
interests of crime victims.
(9) Four rank and file representatives: one juvenile probation
officer who is a first-line supervisor or lower rank, with a minimum
of five years of experience as a juvenile probation officer; one
deputy sheriff who is a sergeant or lower rank, with a minimum of
five years of experience in an adult correctional facility; one state
parole officer or parole agent; and one person with a minimum of
five years experience working in a state adult correctional facility.

(10) A representative of a community-based youth service
organization.
(b) The terms of the members appointed by the Governor shall
expire as follows: seven on July 1, 2007, and seven on July 1, 2008.
Successor members shall hold office for terms of three years, each
term to commence on the expiration date of the predecessor. Any
appointment to a vacancy that occurs for any reason other than
expiration of the term shall be for the remainder of the unexpired
term. Members are eligible for reappointment.
(c) The authority shall select a vice chairperson from among its
members. Ten members of the board shall constitute a quorum.
(d) When the authority is hearing charges against any member, the
individual concerned shall not sit as a member of the board for the
period of hearing of charges and the determination of recommendations
to the Governor.
(e) If any appointed member is not in attendance for three
consecutive meetings the authority may recommend to the Governor that
the member be removed and the Governor may make a new appointment,
with the advice and consent of the Senate, for the remainder of the
term.



6025.1. Members of the board shall receive no compensation, but
shall be reimbursed for their actual and necessary travel expenses
incurred in the performance of their duties. For purposes of
compensation, attendance at meetings of the board shall be deemed
performance by a member of the duties of his state or local
governmental employment.



6025.5. The Director of Corrections, Board of Prison Terms, the
Youthful Offender Parole Board, and the Director of the Youth
Authority shall file with the Board of Corrections for information of
the board or for review and advice to the respective agency as the
board may determine, all rules, regulations and manuals relating to
or in implementation of policies, procedures, or enabling laws.



6025.6. The Board of Corrections may delegate any ministerial
authority or duty conferred or imposed upon the board to a
subordinate officer subject to those conditions as it may choose to
impose.



6026. The Corrections Standards Authority shall be the means
whereby the Department of Corrections and Rehabilitation may
correlate its individual programs for adults and youths under its
jurisdiction.



6027. It shall be the duty of the Board of Corrections to make a
study of the entire subject of crime, with particular reference to
conditions in the State of California, including causes of crime,
possible methods of prevention of crime, methods of detection of
crime and apprehension of criminals, methods of prosecution of
persons accused of crime, and the entire subject of penology,
including standards and training for correctional personnel, and to
report its findings, its conclusions and recommendations to the
Governor and the Legislature at such times as they may require.




6028. Upon request of the Board of Corrections or upon his own
initiative, the Governor from time to time may create by executive
order one or more special commissions to assist the Board of
Corrections in the study of crime pursuant to Section 6027. Each
such special commission shall consist of not less than three nor more
than five members, who shall be appointed by the Governor. The
members of any such special commission shall serve without
compensation, except that they shall receive their actual and
necessary expenses incurred in the discharge of their duties.
The executive order creating each special commission shall specify
the subjects and scope of the study to be made by the commission,
and shall fix a time within which the commission shall make its final
report. Each commission shall cease to exist when it makes its
final report.


6028.1. Each such special commission may investigate any and all
matters relating to the subjects specified in the order creating it.
In the exercise of its powers the commission shall be subject to the
following conditions and limitations:
(a) A witness at any hearing shall have the right to have present
at such hearing counsel of his own choice, for the purpose of
advising him concerning his constitutional rights.
(b) No hearing shall be televised or broadcast by radio, nor shall
any mechanical, photographic or electronic record of the proceedings
at any hearing be televised or broadcast by radio.



6028.2. The Secretary of the Youth and Adult Correctional Agency
may furnish for the use of any such commission such facilities,
supplies, and personnel as may be available therefor.



6028.3. All such special commissions shall make all their reports
and recommendations to the Board of Corrections. The Board of
Corrections shall consider such reports and recommendations, and
shall transmit them to the Governor and the Legislature, together
with its own comments and recommendations on the subject matter
thereof, within the first 30 days of the next succeeding general or
budget session of the Legislature. The Board of Corrections shall
also file copies of such reports with the Attorney General, the State
Library and such other state departments as may appear to have an
official interest in the subject matter of the report or reports in
question.



6028.4. The Governor shall report to each regular session of the
Legislature the names of any persons appointed under Section 6028
together with a statement of expenses incurred.



6029. (a) The plans and specifications of every jail, prison, or
other place of detention of persons charged with or convicted of
crime or of persons detained pursuant to the Juvenile Court Law
(Chapter 2 (commencing with Section 200) of Division 2 of the Welfare
and Institutions Code) or the Youth Authority Act (Chapter 1
(commencing with Section 1700) of Division 2.5 of the Welfare and
Institutions Code), if those plans and specifications involve
construction, reconstruction, remodeling, or repairs of an aggregate
cost in excess of fifteen thousand dollars ($15,000), shall be
submitted to the board for its recommendations. Upon request of any
city, city and county, or county, the board shall consider the entire
program or group of detention facilities currently planned or under
consideration by the city, city and county, or county, and make a
study of the entire needs of the city, city and county, or county
therefor, and make recommendations thereon. No state department or
agency other than the board shall have authority to make
recommendations in respect to plans and specifications for the
construction of county jails or other county detention facilities or
for alterations thereto, except such recommendations as the board may
request from any such state department or agency.
(b) As used in this section, "place of detention" includes, but is
not limited to, a correctional treatment center, as defined in
subdivision (k) of Section 1250 of the Health and Safety Code, which
is operated by a city, city and county, or county.



6029.1. (a) There is hereby created the County Jail Capital
Expenditure Fund. Moneys in the County Jail Capital Expenditure Fund
shall be expended by the Board of Corrections as specified in this
section to assist counties to finance jail construction. Moneys in
the County Jail Capital Expenditure Fund shall be available for
encumbrance without regard to fiscal years, and notwithstanding any
other provision of law, shall not revert to the General Fund or be
transferred to any other fund or account in the State Treasury except
for purposes of investment as provided in Article 4 (commencing with
Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of
the Government Code. All interest or other increment resulting from
such investment shall be deposited in the County Jail Capital
Expenditure Fund, notwithstanding Section 16305.7 of the Government
Code.
(b) As used in this section, "construction" shall include, but not
be limited to, reconstruction, remodeling, replacement of
facilities, and the performance of deferred maintenance activities on
facilities pursuant to rules and regulations regarding such
activities as shall be adopted by the Board of Corrections.
(c) The Board of Corrections shall provide financial assistance to
counties from the County Jail Capital Expenditure Fund according to
policies, criteria, and procedures adopted by the board pursuant to
recommendations made by the appropriate subcommittees of the Senate
Committee on Criminal Procedure and the Assembly Committee on Public
Safety and after consulting with a representative sample of county
boards of supervisors and sheriffs.
(d) In performing the duties set forth in this section, the Board
of Corrections and the policy committees of the Legislature shall
consider the following:
(1) The extent to which the county requesting aid has exhausted
all other available means of raising the requested funds for the
capital improvements and the extent to which the funds from the
County Jail Capital Expenditure Fund will be utilized to attract
other sources of capital financing for county jail facilities;
(2) The extent to which a substantial county match shall be
required and any circumstances under which the county match may be
reduced or waived;
(3) The extent to which the county's match shall be based on the
county's previous compliance with Board of Corrections standards;
(4) The extent to which the capital improvements are necessary to
the life or safety of the persons confined or employed in the
facility or the health and sanitary conditions of the facility;
(5) The extent to which the county has utilized reasonable
alternatives to pre- and post-conviction incarceration, including,
but not limited to, programs to facilitate release upon one's own
recognizance where appropriate to individuals pending trial,
sentencing alternatives to custody, and civil commitment or diversion
programs consistent with public safety for those with drug- or
alcohol-related problems or mental or developmental disabilities.




6029.5. The Board of Corrections is authorized to expend money from
the County Jail Capital Expenditure Fund, created pursuant to
Sections 4412 and 6029.1, on joint use correctional facilities
housing county and state or federal prisoners or any combination
thereof in proportion to the county benefit.



6030. (a) The Corrections Standards Authority shall establish
minimum standards for state and local correctional facilities. The
standards for state correctional facilities shall be established by
January 1, 2007. The authority shall review those standards
biennially and make any appropriate revisions.
(b) The standards shall include, but not be limited to, the
following: health and sanitary conditions, fire and life safety,
security, rehabilitation programs, recreation, treatment of persons
confined in state and local correctional facilities, and personnel
training.
(c) The standards shall require that at least one person on duty
at the facility is knowledgeable in the area of fire and life safety
procedures.
(d) The standards shall also include requirements relating to the
acquisition, storage, labeling, packaging, and dispensing of drugs.
(e) The standards shall require that inmates who are received by
the facility while they are pregnant are provided all of the
following:
(1) A balanced, nutritious diet approved by a doctor.
(2) Prenatal and postpartum information and health care,
including, but not limited to, access to necessary vitamins as
recommended by a doctor.
(3) Information pertaining to childbirth education and infant
care.
(4) A dental cleaning while in a state facility.
(f) The standards shall provide that at no time shall a woman who
is in labor be shackled by the wrists, ankles, or both including
during transport to a hospital, during delivery, and while in
recovery after giving birth, except as provided in Section 5007.7.
(g) In establishing minimum standards, the authority shall seek
the advice of the following:
(1) For health and sanitary conditions:
The State Department of Health Services, physicians,
psychiatrists, local public health officials, and other interested
persons.
(2) For fire and life safety:
The State Fire Marshal, local fire officials, and other interested
persons.
(3) For security, rehabilitation programs, recreation, and
treatment of persons confined in correctional facilities:
The Department of Corrections and Rehabilitation, state and local
juvenile justice commissions, state and local correctional officials,
experts in criminology and penology, and other interested persons.
(4) For personnel training:
The Commission on Peace Officer Standards and Training,
psychiatrists, experts in criminology and penology, the Department of
Corrections and Rehabilitation, state and local correctional
officials, and other interested persons.
(5) For female inmates and pregnant inmates in local adult and
juvenile facilities:
The California State Sheriffs' Association and Chief Probation
Officers' Association of California, and other interested persons.




6031. (a) The Board of Corrections shall inspect each local
detention facility in the state biennially.
(b) This section shall become operative on July 1, 1997.




6031.1. Inspections of local detention facilities shall be made
biennially. Inspections of privately operated work furlough
facilities and programs shall be made biennially unless the work
furlough administrator requests an earlier inspection. Inspections
shall include, but not be limited to, the following:
(a) Health and safety inspections conducted pursuant to Section
101045 of the Health and Safety Code.
(b) Fire suppression preplanning inspections by the local fire
department.
(c) Security, rehabilitation programs, recreation, treatment of
persons confined in the facilities, and personnel training by the
staff of the Board of Corrections.
Reports of each facility's inspection shall be furnished to the
official in charge of the local detention facility or, in the case of
a privately operated facility, the work furlough administrator, the
local governing body, the grand jury, and the presiding judge of the
superior court in the county where the facility is located. These
reports shall set forth the areas wherein the facility has complied
and has failed to comply with the minimum standards established
pursuant to Section 6030.



6031.2. The Board of Corrections shall file with the Legislature on
December 30, in each even-numbered year, reports to the Legislature
which shall include information on all of the following:
(a) Inspection of those local detention facilities that have not
complied with the minimum standards established pursuant to Section
6030. The reports shall specify those areas in which the facility
has failed to comply and the estimated cost to the facility necessary
to accomplish compliance with the minimum standards.
(b) Information regarding the progress and effectiveness of the
standards and training program contained in Sections 6035 to 6037,
inclusive.
(c) Status of funds expended, interest earned, actions
implementing the prerequisites for funding, any reallocations of
funds pursuant to Sections 4497.04 to 4497.16, inclusive, and a
complete listing of funds allocated to each county.
(d) Inmate accounting system data to be maintained on an annual
basis by the sheriff, chief of police, or other official in charge of
operating the adult detention system in a county or city, including
all of the following:
(1) Average daily population of sentenced and unsentenced
prisoners classified according to gender and juvenile status.
(2) Jail admissions of sentenced and unsentenced prisoners,
booking charge, date and time of booking, date and time of release,
and operating expenses.
(3) Detention system capital and operating expenses.



6031.3. The Board of Corrections is authorized to apply for any
funds that may be available from the federal government to further
the purposes of Sections 6030 to 6031.2, inclusive.



6031.4. (a) For the purpose of this title, "local detention
facility" means any city, county, city and county, or regional
facility used for the confinement for more than 24 hours of adults,
or of both adults and minors, but does not include that portion of a
facility for the confinement of both adults and minors which is
devoted only to the confinement of minors.
(b) In addition to those provided for in subdivision (a), for the
purposes of this title, "local detention facility" also includes any
city, county, city and county, or regional facility, constructed on
or after January 1, 1978, used for the confinement, regardless of the
length of confinement, of adults or of both adults and minors, but
does not include that portion of a facility for the confinement of
both adults and minors which is devoted only to the confinement of
minors.
(c) "Local detention facility" also includes any adult detention
facility, exclusive of any facility operated by the California
Department of Corrections or any facility holding inmates pursuant to
Section 2910.5, Chapter 4 (commencing with Section 3410) of Title 2
of, Chapter 9.2 (commencing with Section 6220) of Title 7 of, Chapter
9.5 (commencing with Section 6250) of Title 7 of, or Chapter 9.6
(commencing with Section 6260) of Title 7 of, Part 3, that holds
local prisoners under contract on behalf of cities, counties, or
cities and counties. Nothing in this subdivision shall be construed
as affecting or authorizing the establishment of private detention
facilities.
(d) For purposes of this title, a local detention facility does
not include those rooms that are used for holding persons for
interviews, interrogations, or investigations, and are either
separate from a jail or located in the administrative area of a law
enforcement facility.


6031.5. For the purposes of this chapter, the term "correctional
personnel" means either of the following:
(1) Any person described by subdivision (a) or (b) of Section
830.5, 830.55, 831, or 831.5.
(2) Any class of persons who perform supervision, custody, care,
or treatment functions and are employed by the Department of
Corrections, the Department of the Youth Authority, any correctional
or detention facility, probation department, community-based
correctional program, or other state or local public facility or
program responsible for the custody, supervision, treatment, or
rehabilitation of persons accused of, or adjudged responsible for,
criminal or delinquent conduct.



6031.6. (a) Any privately operated local detention facility
responsible for the custody and control of any local prisoner shall,
as required by subdivision (a) of Section 1208, operate pursuant to a
contract with the city, county, or city and county, as appropriate.

(b) (1) Each contract shall include, but not be limited to, a
provision whereby the private agency or entity agrees to operate in
compliance with all appropriate state and local building, zoning,
health, safety, and fire statutes, ordinances, and regulations, and
with the minimum jail standards established by regulations adopted by
the Board of Corrections, as set forth in Subchapter 4 (commencing
with Section 1000) of Chapter 1 of Division 1 of Title 15 of the
California Code of Regulations.
(2) The private agency or entity shall select and train its
personnel in accordance with selection and training requirements
adopted by the Board of Corrections as set forth in Subchapter 1
(commencing with Section 100) of Chapter 1 of Division 1 of Title 15
of the California Code of Regulations.
(3) The failure of a privately operated local detention facility
to comply with the appropriate health, safety, and fire laws, or with
the minimum jail standards adopted by the Board of Corrections, may
constitute grounds for the termination of the contract.
(c) Upon the discovery of a failure of a privately operated local
detention facility to comply with the requirements of subdivision
(b), the local governmental entity shall notify the director of the
facility that sanctions shall be applied or the contract shall be
canceled if the specified deficiencies are not corrected within 60
days.
Standards and Training of Local Corrections and
Probation Officers
6035. (a) For the purpose of raising the level of competence of
local corrections and probation officers and other correctional
personnel, the board shall adopt, and may from time to time amend,
rules establishing minimum standards for the selection and training
of these personnel employed by any city, county, or city and county
who provide for the custody, supervision, treatment, or
rehabilitation of persons accused of, or adjudged responsible for,
criminal or delinquent conduct who are currently under local
jurisdiction. All of these rules shall be adopted and amended
pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
(b) Any city, county, or city and county may adhere to the
standards for selection and training established by the board. The
board may defer the promulgation of selection standards until
necessary research for job relatedness is completed.
(c) Minimum training standards may include, but are not limited
to, basic, entry, continuation, supervisory, management, and
specialized assignments.


6036. For purposes of implementing this article, the board shall
have the following powers:
(a) Approve or certify, or both, training and education courses at
institutions approved by the board.
(b) Develop and operate a professional certificate program which
provides recognition of achievement for local corrections and
probation officers whose agencies participate in the program.
(c) Adopt those regulations as are necessary to carry out the
purposes of this chapter.
(d) Develop and present training courses for local corrections and
probation officers.
(e) Perform those other activities and studies as would carry out
the intent of this article.
Corrections Training Fund
6040. There is hereby created in the State Treasury a Corrections
Training Fund, which is hereby appropriated, without regard to fiscal
years, exclusively for the costs of administration, the development
of appropriate standards, the development of training, and program
evaluation pursuant to this article.
Council on Mentally Ill Offenders


6044. (a) The Council on Mentally Ill Offenders is hereby
established within the Department of Corrections and Rehabilitation.
The council shall be composed of 11 members, one of whom shall be the
secretary of the department who shall be designated as the
chairperson, one of whom shall be the Director of Mental Health, and
nine of whom shall be appointed. The Governor shall appoint three
members, at least one of whom shall represent mental health. The
Senate Rules Committee shall appoint two members, one representing
law enforcement and one representing mental health. The Speaker of
the Assembly shall appoint two members, one representing law
enforcement and one representing mental health. The Attorney General
shall appoint one member. The Chief Justice of the California
Supreme Court shall appoint one member who shall be a superior court
judge.
(b) The council shall select a vice chairperson from among its
members. Six members of the council shall constitute a quorum.
(c) The Director of Mental Health shall serve as the liaison to
the Health and Human Services Agency and any departments within that
agency necessary to further the purposes of this article.
(d) Members of the council shall receive no compensation, but
shall be reimbursed for actual and necessary travel expenses incurred
in the performance of their duties. For purposes of compensation,
attendance at meetings of the board shall be deemed performance by a
member of the duties of his or her state or local government
employment.
(e) The goal of the council shall be to investigate and promote
cost-effective approaches to meeting the long-term needs of adults
and juveniles with mental disorders who are likely to become
offenders or who have a history of offending. The council shall:
(1) Identify strategies for preventing adults and juveniles with
mental health needs from becoming offenders.
(2) Identify strategies for improving the cost-effectiveness of
services for adults and juveniles with mental health needs who have a
history of offending.
(3) Identify incentives to encourage state and local criminal
justice, juvenile justice, and mental health programs to adopt
cost-effective approaches for serving adults and juveniles with
mental health needs who are likely to offend or who have a history of
offending.
(f) The council shall consider strategies that:
(1) Improve service coordination among state and local mental
health, criminal justice, and juvenile justice programs.
(2) Improve the ability of adult and juvenile offenders with
mental health needs to transition successfully between
corrections-based, juvenile justice-based, and community-based
treatment programs.
(g) The Secretary of the Department of Corrections and
Rehabilitation and the Director of Mental Health may furnish for the
use of the council those facilities, supplies, and personnel as may
be available therefor. The council may secure the assistance of any
state agency, department, or instrumentality in the course of its
work.
(h) (1) The Council on Mentally Ill Offenders shall file with the
Legislature, not later than December 31 of each year, a report that
shall provide details of the council's activities during the
preceding year. The report shall include recommendations for
improving the cost-effectiveness of mental health and criminal
justice programs.
(2) After the first year of operation, the council may recommend
to the Legislature and Governor modifications to its jurisdiction,
composition, and membership that will further the purposes of this
article.
(i) The Council on Mentally Ill Offenders is authorized to apply
for any funds that may be available from the federal government or
other sources to further the purposes of this article.
(j) (1) For purposes of this article, the council shall address
the needs of adults and juveniles who meet the following criteria:
persons who have been arrested, detained, incarcerated, or are at a
significant risk of being arrested, detained, or incarcerated, and
who have a mental disorder as defined in Section 1830.205 of Title 9
of the California Code of Regulations.
(2) The council may expand its purview to allow it to identify
strategies that are preventive in nature and could be directed to
identifiable categories of adults and juveniles that fall outside of
the above definitions.
APPOINTMENT OF PERSONNEL


6050. (a) The Governor, upon recommendation of the secretary, shall
appoint the wardens of the various state prisons. Each warden shall
be subject to removal by the secretary. If the secretary removes him
or her, the secretary's action shall be final. The wardens shall be
exempt from civil service.
(b) The Department of Personnel Administration shall fix the
compensation of the wardens of the state prisons.



6051. The Inspector General may conduct a management review audit
of any warden in the Department of Corrections and Rehabilitation or
superintendent in the Division of Juvenile Justice. The management
review audit shall include, but not be limited to, issues relating to
personnel, training, investigations, and financial matters. Each
management review audit shall include an assessment of the
maintenance of the facility managed by the warden or superintendent.
The audit report shall be submitted to the secretary of the
department for evaluation and for any response deemed necessary. Any
Member of the Legislature or the public may request and shall be
provided with a copy of any audit by the Inspector General, including
a management review audit or a special audit or review. A report
that involves potential criminal investigations or prosecution or
security practices and procedures shall be considered confidential,
and its disclosure shall not be required under this section.



6053. (a) All persons other than temporary appointees heretofore
serving in the state civil service and engaged in the performance of
a function transferred to the department or engaged in the
administration of a law, the administration of which is transferred
to the department, shall remain in the state civil service and are
hereby transferred to the department on the effective date of this
section, and their status, positions and rights shall not be affected
by their transfer and shall continue to be retained by them pursuant
to the State Civil Service Act. The director, pursuant to the State
Civil Service Act, shall be the appointing authority for the
department for all civil service positions except those civil service
positions in the Youth Authority. Positions not heretofore
established, which are exclusively for the California Institution for
Women or exclusively for the Youth Authority, shall be filled
pursuant to the State Civil Service Act.
(b) Notwithstanding Section 18932 of the Government Code, the
maximum age shall be 35 years for any open examination for the
position of correctional officer, correctional program supervisor,
and other custodial positions which normally afford entry into the
Department of Corrections service, unless the applicant is already a
"state safety" member for the purpose of retirement and disability
benefits or was employed in a permanent, temporary, part-time, or
intermittent capacity with the department after July 1, 1973, but
before January 1, 1974.



6053. (a) All persons other than temporary appointees heretofore
serving in the state civil service and engaged in the performance of
a function transferred to the department or engaged in the
administration of a law the administration of which is transferred to
the department shall remain in the state civil service and are
hereby transferred to the department on the effective date of this
section; and their status, positions and rights shall not be affected
by their transfer and shall continue to be retained by them pursuant
to the State Civil Service Act. The director, pursuant to the State
Civil Service Act, shall be the appointing authority for the
department for all civil service positions except those civil service
positions in the Youth Authority. Positions not heretofore
established which are exclusively for the California Institution for
Women or exclusively for the Youth Authority shall be filled pursuant
to the State Civil Service Act.
(b) Any open examination for the position of correctional officer,
correctional program supervisor, and other custodial positions which
normally afford entry into the Department of Corrections service
shall require a demonstration of the physical ability to effectively
carry out the duties and responsibilities of the position in a manner
which would not inordinately endanger the health or safety of a
custodial person or the health and safety of others.



6055. The Department of Corrections and the Department of the Youth
Authority may provide time off with pay to security and treatment
personnel who take courses approved by the departments on mental
health treatment related to their jobs. The departments may also
provide financial compensation to pay for the cost of such courses.
INTERNAL INVESTIGATIONS


6065. (a) The Legislature finds and declares that investigations of
the Department of Corrections and the Department of the Youth
Authority that are conducted by their respective offices of internal
affairs, or any successor to these offices, require appropriately
trained personnel, who perform their duties with honesty,
credibility, and without any conflicts of interest.
(b) To meet the objectives stated in subdivision (a), the
following conditions shall be met:
(1) Prior to training any peace officer who is selected to conduct
internal affairs investigations, the department shall conduct a
complete and thorough background check. This background check shall
be in addition to the original background screening that was
conducted when the person was hired as a peace officer. Each person
shall satisfactorily pass the second background check. Any person
who has been the subject of a sustained, serious disciplinary action,
including, but not limited to, termination, suspension, or demotion,
shall not pass the background check.
(2) All internal affairs allegations or complaints, whether
investigated or not, shall be logged and numbered sequentially on an
annual basis. The log shall specify, but not be limited to, the
following information: the sequential number of the allegation or
complaint, the date of receipt of the allegation or complaint, the
location or facility to which the allegation or complaint pertains,
and the disposition of all actions taken, including any final action
taken. The log shall be made available to the Inspector General.
(c) Consistent with the objectives expressed in subdivision (a),
investigators shall conduct investigations and inquiries in a manner
that provides a complete and thorough presentation of the facts
regarding the allegation or complaint. All extenuating and
mitigating facts shall be explored and reported. The role of the
investigator is that of a factfinder. All reports prepared by an
investigator shall provide the appointing authority with a complete
recitation of the facts, and shall refrain from conjecture or
opinion.
(1) Uncorroborated or anonymous allegations shall not constitute
the sole basis for disciplinary action by the department, other than
an investigation.
(2) All reports shall be submitted in a standard format, begin
with a statement of the allegation or complaint, provide all relevant
facts, and include the investigator's signature, certifying that the
investigator has complied with the provisions of this section
subject to compliance with Sections 118.1 and 148.6.

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DEFINITIONS


6080. As used in his part, the following terms have the meanings
described below:
(a) "Department" refers to the Department of Corrections.
(b) "Director" refers to the Director of Corrections.



6081. As used in this code, "prison" and "state prison" include the
California Institution for Women.



6082. References in this title and in Title 5 (commencing with
Section 4500) to prisons refer to all facilities, camps, hospitals
and institutions for the confinement, treatment, employment, training
and discipline of persons in the legal custody of the Department of
Corrections.
THE MEDICAL FACILITY

6100. There is hereby established an institution under the
jurisdiction of the Department of Corrections to be known as the
Medical Facility.


6101. The Medical Facility shall be located in the northern part of
the State.



6102. The primary purpose of the medical facility shall be the
receiving, segregation, confinement, treatment and care of males
under the custody of the Department of Corrections or any agency
thereof who are any of the following:
(a) Mentally disordered.
(b) Developmentally disabled.
(c) Addicted to the use of controlled substances.
(d) Suffering from any other chronic disease or condition.




6103. The Director of Corrections shall construct and equip, in
accordance with law, suitable buildings, structures, and facilities
for the Medical Facility.


6104. The Director of Corrections shall make rules and regulations
for the government of the Medical Facility and the management of its
affairs.


6105. The Governor, upon the recommendation of the Director of
Corrections, in accordance with Section 6050, shall appoint a warden
for the medical facility. The director shall appoint, subject to
civil service, those other officers and employees as may be
necessary.
The Director of Corrections may remove a warden at his or her own
discretion at any time.



6106. The supervision, management, and control of the Medical
Facility and the responsibility for the care, custody, treatment,
training, discipline and employment of persons confined therein are
vested in the Director of Corrections. The provisions of Part 3
(commencing with Section 2000) apply to the institution as a prison
under the jurisdiction of the Department of Corrections and to the
persons confined therein insofar as those provisions may be
applicable.
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OFFICE OF THE INSPECTOR GENERAL



6125. There is hereby created the independent office of the
Inspector General which shall not be a subdivision of any other
governmental entity. The Governor shall appoint, subject to
confirmation by the Senate, the Inspector General to a six-year term.
The Inspector General may not be removed from office during that
term, except for good cause.



6126. (a) (1) The Inspector General shall review departmental
policy and procedures, conduct audits of investigatory practices and
other audits, and conduct investigations of the Department of
Corrections and Rehabilitation, as requested by either the Secretary
of the Department of Corrections and Rehabilitation or a Member of
the Legislature, pursuant to the approval of the Inspector General
under policies to be developed by the Inspector General. The
Inspector General may, under policies developed by the Inspector
General, initiate an investigation or an audit on his or her own
accord.
(2) The Inspector General shall audit each warden of an
institution one year after his or her appointment, and shall audit
each correctional institution at least once every four years. Each
audit shall include, but not be limited to, issues relating to
personnel, training, investigations, and financial matters. Each
audit shall include an assessment of the maintenance of the facility
managed by the warden. The audit report shall include the Inspector
General's assessment of facility maintenance. These audit reports
shall be provided to the Legislature and shall be made public. The
requirements of this paragraph shall be phased in by the Inspector
General so that they are fully met by July 1, 2009.
(b) Upon completion of an investigation or audit, the Inspector
General shall provide a response to the requester.
(c) The Inspector General shall, during the course of an
investigatory audit, identify areas of full and partial compliance,
or noncompliance, with departmental investigatory policies and
procedures, specify deficiencies in the completion and documentation
of investigatory processes, and recommend corrective actions,
including, but not limited to, additional training with respect to
investigative policies, additional policies, or changes in policy, as
well as any other findings or recommendations that the Inspector
General deems appropriate.
(d) The Inspector General, pursuant to Section 6126.6, shall
review the Governor's candidates for appointment to serve as warden
for the state's adult correctional institutions.
(e) The Inspector General shall, in consultation with the
Department of Finance, develop a methodology for producing a workload
budget to be used for annually adjusting the budget of the office of
the Inspector General, beginning with the budget for the 2005-06
fiscal year.


6126.1. (a) In consultation with the Commission on Correctional
Peace Officer Standards and Training and the Inspector General, the
Youth and Adult Correctional Agency shall establish a certification
program for investigators under the jurisdiction of the Inspector
General, the Youth and Adult Correctional Agency, the Department of
the Youth Authority, the Department of Corrections, the Board of
Corrections, the Youthful Offender Parole Board, and the Board of
Prison Terms. The investigators' training course shall be consistent
with the standard courses utilized by other major investigative
offices, such as county sheriff and city police departments and the
California Highway Patrol.
(b) Beginning January 1, 1999, all internal affairs investigators
conducting investigations for the office of the Inspector General,
the Youth and Adult Correctional Agency, the Department of the Youth
Authority, the Department of Corrections, the Board of Corrections,
the Youthful Offender Parole Board, and the Board of Prison Terms
shall complete the investigation training and be certified within six
months of employment.
(c) Beginning January 1, 1999, all internal affairs investigators
shall successfully pass a psychological screening exam before
becoming employed with the office of the Inspector General, the Youth
and Adult Correctional Agency, the Department of the Youth
Authority, the Department of Corrections, the Board of Corrections,
the Youthful Offender Parole Board, or the Board of Prison Terms.




6126.2. The Inspector General, the Youth and Adult Correctional
Agency, the Department of the Youth Authority, the Department of
Corrections, the Board of Corrections, the Youthful Offender Parole
Board, and the Board of Prison Terms shall not hire as an internal
affairs investigator any person known to be directly or indirectly
involved in an open internal affairs investigation being conducted by
any federal, state, or local law enforcement agency or the Inspector
General.



6126.3. (a) The Inspector General shall not destroy any papers or
memoranda used to support a completed audit within three years after
a report is released.
(b) Except as provided in subdivision (c), all books, papers,
records, and correspondence of the office pertaining to its work are
public records subject to Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code and shall be filed at
any of the regularly maintained offices of the Inspector General.
(c) The following books, papers, records, and correspondence of
the office of the Inspector General pertaining to its work are not
public records subject to Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code, nor shall they be
subject to discovery pursuant to any provision of Title 3 (commencing
with Section 1985) of Part 4 of the Code of Civil Procedure in any
manner:
(1) All reports, papers, correspondence, memoranda, electronic
communications, or other documents that are otherwise exempt from
disclosure pursuant to the provisions of subdivision (d) of Section
6126.5, Section 6126.6, subdivision (c) of Section 6128, subdivision
(a) or (b) of Section 6131, or all other applicable laws regarding
confidentiality, including, but not limited to, the California Public
Records Act, the Public Safety Officers' Procedural Bill of Rights,
the Information Practices Act of 1977, the Confidentiality of Medical
Information Act of 1977, and the provisions of Section 832.7,
relating to the disposition notification for complaints against peace
officers.
(2) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to any audit or
investigation that has not been completed.
(3) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to internal discussions
between the Inspector General and his or her staff, or between staff
members of the Inspector General, or any personal notes of the
Inspector General or his or her staff.
(4) All identifying information, and any personal papers or
correspondence from any person requesting assistance from the
Inspector General, except in those cases where the Inspector General
determines that disclosure of the information is necessary in the
interests of justice.



6126.4. It is a misdemeanor for the Inspector General or any
employee or former employee of the Inspector General to divulge or
make known in any manner not expressly permitted by law to any person
not employed by the Inspector General any particulars of any record,
document, or information the disclosure of which is restricted by
law from release to the public. This prohibition is also applicable
to any person or business entity that is contracting with or has
contracted with the Inspector General and to the employees and former
employees of that person or business entity or the employees of any
state agency or public entity that has assisted the Inspector General
in the course of any audit or investigation or that has been
furnished a draft copy of any report for comment or review.



6126.5. (a) Notwithstanding any other provision of law, the
Inspector General during regular business hours or at any other time
determined necessary by the Inspector General, shall have access to
and authority to examine and reproduce, any and all books, accounts,
reports, vouchers, correspondence files, documents, and other
records, and to examine the bank accounts, money, or other property,
of any entity defined in Section 6126 for any audit or investigation.
Any officer or employee of any agency or entity having these
records or property in his or her possession or under his or her
control shall permit access to, and examination and reproduction
thereof consistent with the provisions of this section, upon the
request of the Inspector General or his or her authorized
representative.
(b) For the purpose of conducting any audit or investigation, the
Inspector General or his or her authorized representative shall have
access to the records and property of any public or private entity or
person subject to review or regulation by the public agency or
public entity being audited or investigated to the same extent that
employees or officers of that agency or public entity have access.
No provision of law or any memorandum of understanding or any other
agreement entered into between the employing entity and the employee
or the employee's representative providing for the confidentiality or
privilege of any records or property shall prevent disclosure
pursuant to subdivision (a).
(c) Any officer or person who fails or refuses to permit access,
examination, or reproduction, as required by this section, is guilty
of a misdemeanor.
(d) The Inspector General may require any employee of those
entities specified in Section 6126 to be interviewed on a
confidential basis. Any employee requested to be interviewed shall
comply and shall have time afforded by the appointing authority for
the purpose of an interview with the Inspector General or his or her
designee. The Inspector General shall have the discretion to redact
the name or other identifying information of any person interviewed
from any public report issued by the Inspector General, where
required by law or where the failure to redact the information may
hinder prosecution or an action in a criminal, civil, or
administrative proceeding, or where the Inspector General determines
that disclosure of the information is not in the interests of
justice. It is not the purpose of these communications to address
disciplinary action or grievance procedures that may routinely occur.
If it appears that the facts of the case could lead to punitive
action, the Inspector General shall be subject to Sections 3303,
3307, 3307.5, 3308, and 3309 of the Government Code as if the
Inspector General were the employer, except that the Inspector
General shall not be subject to the provisions of any memorandum of
understanding or other agreement entered into between the employing
entity and the employee or the employee's representative that is in
conflict with, or adds to the requirements of, Sections 3303, 3307,
3307.5, 3308, and 3309 of the Government Code.



6126.6. (a) Prior to filling a vacancy for warden by appointment
pursuant to Section 6050, or superintendent pursuant to Section 1049
of the Welfare and Institutions Code, the Governor shall first submit
to the Inspector General the names of candidates for the position of
warden or superintendent for review of their qualifications.
(b) Upon receipt of the names of those candidates and their
completed personal data questionnaires, the Inspector General shall
employ appropriate confidential procedures to evaluate and determine
the qualifications of each candidate with regard to his or her
ability to discharge the duties of the office to which the
appointment or nomination is made.
Within 90 days of submission by the Governor of those names, the
Inspector General shall advise in confidence to the Governor his or
her recommendation whether the candidate is exceptionally
well-qualified, well-qualified, qualified, or not qualified and the
reasons therefore, and may report, in confidence, any other
information that the Inspector General deems pertinent to the
qualifications of the candidate.
(c) In reviewing the qualifications of a candidate for the
position of warden or superintendent, the Inspector General shall
consider, among other appropriate factors, his or her experience in
effectively managing correctional facilities and inmate or ward
populations; ability to deal effectively with employees, detained
persons and other interested persons in addressing management,
confinement, and safety issues in an effective, fair, and
professional manner; and knowledge of correctional best practices.
(d) The Inspector General shall establish and adopt rules and
procedures regarding the review of the qualifications of candidates
for the position of warden or superintendent. Those rules and
procedures shall establish appropriate, confidential methods for
disclosing to the candidate the subject matter of substantial and
credible adverse allegations received regarding the candidate's
reputation and integrity which, unless rebutted, would be
determinative of the candidate's unsuitability for appointment. No
rule or procedure shall be adopted that permits the disclosure to the
candidate of information from which the candidate may infer the
source, and no information shall either be disclosed to the candidate
nor be obtainable by any process which would jeopardize the
confidentiality of communications from persons whose opinion has been
sought on the candidate's qualifications.
(e) All communications, written, verbal or otherwise, of and to
the Governor, the Governor's authorized agents or employees,
including, but not limited to, the Governor's Legal Affairs Secretary
and Appointments Secretary, or of and to the Inspector General in
furtherance of the purposes of this section are absolutely privileged
from disclosure and confidential, and any communication made in the
discretion of the Governor or the Inspector General with a candidate
or person providing information in furtherance of the purposes of
this section shall not constitute a waiver of the privilege or a
breach of confidentiality.
(f) When the Governor has appointed a person to the position of
warden or superintendent who has been found not qualified by the
Inspector General, the Inspector General shall make public that
finding, after due notice to the appointee of his or her intention to
do so. That notice and disclosure shall not constitute a waiver of
privilege or breach of confidentiality with respect to communications
of or to the Inspector General concerning the qualifications of the
appointee.
(g) No person or entity shall be liable for any injury caused by
any act or failure to act, be it negligent, intentional,
discretionary, or otherwise, in the furtherance of the purposes of
this section, including, but not limited to, providing or receiving
any information, making any recommendations, and giving any reasons
therefore.
(h) As used in this section, the term "Inspector General" includes
employees and agents of the Office of the Inspector General.
(i) At any time prior to the receipt of the review from the
Inspector General specified in subdivision (b), the Governor may
withdraw the name of any person submitted to the Inspector General
for evaluation pursuant to this section.
(j) No candidate for the position of warden or superintendent may
be appointed until the Inspector General has advised the Governor
pursuant to this section, or until 90 days have elapsed after
submission of the candidate's name to the Inspector General,
whichever occurs earlier. The requirement of this subdivision shall
not apply to any vacancy in the position of warden or superintendent
occurring within the 90 days preceding the expiration of the Governor'
s term of office, provided, however, that with respect to those
vacancies, the Governor shall be required to submit any candidate's
name to the Inspector General in order to provide him or her an
opportunity, if time permits, to review and make a report.
(k) Nothing in this section shall be construed as imposing an
additional requirement for an appointment or nomination to the
position of warden or superintendent, nor shall anything in this
section be construed as adding any additional qualifications for the
position of warden or superintendent.
(l) Wardens who have been appointed but not yet confirmed as of
July 1, 2005, need not be reappointed to the position after that
date, but are subject to the review process provided in this section.



6127.1. The Inspector General shall be deemed to be a department
head for the purpose of Section 11189 of the Government Code in
connection with any investigation or audit conducted pursuant to this
chapter. The Inspector General shall have authority to hire or
retain counsel to provide confidential advice during audits and
investigations. If the Attorney General has a conflict of interest
in representing the Inspector General in any litigation, the
Inspector General shall have authority to hire or retain counsel to
represent the Inspector General.


6127.3. (a) In connection with an audit or investigation pursuant
to this chapter, the Inspector General, or his or her designee, may
do any of the following:
(1) Administer oaths.
(2) Certify to all official acts.
(3) Issue subpoenas for the attendance of witnesses and the
production of papers, books, accounts, or documents in any medium, or
for the making of oral or written sworn statements, in any
investigative interview conducted as part of an audit or
investigation.
(b) Any subpoena issued under this chapter extends as process to
all parts of the state and may be served by any person authorized to
serve process of courts of record or by any person designated for
that purpose by the Inspector General, or his or her designee. The
person serving this process may receive compensation as is allowed by
the Inspector General, or his or her designee, not to exceed the
fees prescribed by law for similar service.



6127.4. (a) The superior court in the county in which any
investigative interview is held under the direction of the Inspector
General or his or her designee has jurisdiction to compel the
attendance of witnesses, the making of oral or written sworn
statements, and the production of papers, books, accounts, and
documents, as required by any subpoena issued by the Inspector
General or his or her designee.
(b) If any witness refuses to attend or testify or produce any
papers required by the subpoena, the Inspector General or his or her
designee may petition the superior court in the county in which the
hearing is pending for an order compelling the person to attend and
answer questions under penalty of perjury or produce the papers
required by the subpoena before the person named in the subpoena.
The petition shall set forth all of the following:
(1) That due notice of the time and place of attendance of the
person or the production of the papers has been given.
(2) That the person has been subpoenaed in the manner prescribed
in this chapter.
(3) That the person has failed and refused to attend or produce
the papers required by subpoena before the Inspector General or his
or her designee as named in the subpoena, or has refused to answer
questions propounded to him or her in the course of the investigative
interview under penalty of perjury.
(c) Upon the filing of the petition, the court shall enter an
order directing the person to appear before the court at a specified
time and place and then and there show cause why he or she has not
attended, answered questions under penalty of perjury, or produced
the papers as required. A copy of the order shall be served upon him
or her. If it appears to the court that the subpoena was regularly
issued by the Inspector General or his or her designee, the court
shall enter an order that the person appear before the person named
in the subpoena at the time and place fixed in the order and answer
questions under penalty of perjury or produce the required papers.
Upon failure to obey the order, the person shall be dealt with as for
contempt of court.


6128. (a) The office of the Inspector General may receive
communications from any individual, including those employed by any
department, board, or authority who believes he or she may have
information that may describe an improper governmental activity, as
that term is defined in subdivision (b) of Section 8547.2 of the
Government Code. It is not the purpose of these communications to
redress any single disciplinary action or grievance that may
routinely occur.
(b) In order to properly respond to any allegation of improper
governmental activity, the Inspector General shall establish a
toll-free public telephone number for the purpose of identifying any
alleged wrongdoing by an employee of the Department of Corrections,
the Department of the Youth Authority, the Board of Prison Terms, the
Board of Corrections, the Narcotic Addict Evaluation Authority, the
Prison Industry Authority, or the Youth and Adult Correctional
Agency. This telephone number shall be posted by the above-named
departments, and their respective subdivisions, in clear view of all
employees and the public. When appropriate, the Inspector General
shall initiate an investigation or audit of any alleged improper
governmental activity. However, any request to conduct an
investigation shall be in writing.
(c) All identifying information, and any personal papers or
correspondence from any person who initiated the investigation shall
not be disclosed, except in those cases where the Inspector General
determines that disclosure of the information is necessary in the
interests of justice.


6129. (a) (1) For purposes of this section, "employee" means any
person employed by the Youth and Adult Correctional Agency, the
Department of Corrections, the Department of the Youth Authority, the
Board of Corrections, the Board of Prison Terms, the Youth Authority
Board or the Inspector General.
(2) For purposes of this section, "retaliation" means
intentionally engaging in acts of reprisal, retaliation, threats,
coercion, or similar acts against another employee who has done
either of the following:
(A) Has disclosed or is disclosing to any employee at a
supervisory or managerial level, what the employee, in good faith,
believes to be improper governmental activities.
(B) Has cooperated or is cooperating with any investigation of
improper governmental activities.
(C) Has refused to obey an illegal order or directive.
(b) (1) Upon receiving a complaint of retaliation from an employee
against a member of management, the Inspector General shall commence
an inquiry into the complaint and conduct a formal investigation
where a legally cognizable cause of action is presented. All
investigations conducted pursuant to this section shall be performed
in accordance with Sections 6126.5 and 6127.3. The Inspector General
may refer all other matters for investigation by the appropriate
employing entity, subject to investigative oversight by the Inspector
General. In a case in which the employing entity declines to
investigate the complaint, it shall, within 30 days of receipt of the
referral by the Inspector General, notify the Inspector General of
its decision. The Inspector General shall thereafter, conduct his or
her own inquiry into the complaint. If, after reviewing the
complaint, the Inspector General determines that a legally cognizable
cause of action has not been presented by the complaint, the
Inspector General shall thereafter notify the complaining employee
and the State Personnel Board that a formal investigation is not
warranted.
(2) When investigating a complaint, in determining whether
retaliation has occurred, the Inspector General or the employing
entity shall consider, among other things, whether any of the
following either actually occurred or were threatened:
(A) Unwarranted or unjustified staff changes.
(B) Unwarranted or unjustified letters of reprimand or other
disciplinary actions, or unsatisfactory evaluations.
(C) Unwarranted or unjustified formal or informal investigations.

(D) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are unprofessional, or foster a hostile work
environment.
(E) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are contrary to the rules, regulations, or
policies of the workplace.
(3) In a case in which the complaining employee has also filed a
retaliation complaint with the State Personnel Board pursuant to
Sections 8547.8 and 19683 of the Government Code, the State Personnel
Board shall have the discretion to toll any investigation, hearing,
or other proceeding that would otherwise be conducted by the State
Personnel Board in response to that complaint, pending either the
completion of the Inspector General's or the employing entity's
investigation, or until the complaint is rejected or otherwise
dismissed by the Inspector General or the employing entity. An
employee, however, may not be required to first file a retaliation
complaint with the Inspector General prior to filing a complaint with
the State Personnel Board.
(A) In a case in which the complaining employee has filed a
retaliation complaint with the Inspector General but not with the
State Personnel Board, the limitation period for filing a retaliation
complaint with the State Personnel Board shall be tolled until the
time the Inspector General or the employing entity either issues its
investigative report to the State Personnel Board, or until the
complaint is rejected or otherwise dismissed by the Inspector General
or the employing entity.
(B) In order to facilitate coordination of efforts between the
Inspector General and the State Personnel Board, the Inspector
General shall notify the State Personnel Board of the identity of any
employee who has filed a retaliation complaint with the Inspector
General, and the State Personnel Board shall notify the Inspector
General of the identity of any employee who has filed a retaliation
complaint with the State Personnel Board.
(c) (1) In a case in which the Inspector General determines, as a
result of his or her own investigation, that an employee has been
subjected to acts of reprisal, retaliation, threats, or similar acts
in violation of this section, the Inspector General shall provide a
copy of the investigative report, together with all other underlying
investigative materials the Inspector General determines to be
relevant, to the appropriate director or chair who shall take
appropriate corrective action. In a case in which the Inspector
General determines, based on an independent review of the
investigation conducted by the employing entity, that an employee has
been subjected to acts of reprisal, retaliation, threats, or similar
acts in violation of this section, the Inspector General shall
submit a written recommendation to the appropriate director or chair
who shall take appropriate corrective action. If the hiring
authority initiates disciplinary action as defined in Section 19570
of the Government Code, it shall provide the subject with all
materials required by law.
(2) The Inspector General shall publish a quarterly summary of
investigations, with personal identifying information removed,
including, but not limited to, the conduct investigated, any
recommended discipline, and any discipline actually imposed.
(3) Any employee at any rank and file, supervisory, or managerial
level, who intentionally engages in acts of reprisal, retaliation,
threats, coercion, or similar acts against another employee, pursuant
to paragraph (2) of subdivision (a), shall be disciplined by the
employing entity by adverse action as provided in Section 19572 of
the Government Code. The disciplinary action shall require, at a
minimum, a suspension for not less than 30 days without pay, except
in a case in which the employing entity determines that a lesser
penalty is warranted. In that case, the employing entity shall,
within 30 days of receipt of the investigative report, provide
written justification for that decision to the Inspector General.
The employing entity shall also, within 30 days of receipt of the
written report, notify the Inspector General in writing as to what
steps, if any, it has taken to remedy the retaliatory conduct found
to have been committed by any of its employees.
(d) (1) In an instance in which the appropriate director or chair
declines to take adverse action against any employee found by the
Inspector General to have engaged in acts of reprisal, retaliation,
threats, or similar acts in violation of this section, the director
or chair shall notify the Inspector General of that fact in writing
within 30 days of receipt of the investigative report from the
Inspector General, and shall notify the Inspector General of the
specific reasons why the director or chair declined to invoke adverse
action proceedings against the employee.
(2) The Inspector General shall, thereafter, with the written
consent of the complaining employee, forward an unredacted copy of
the investigative report, together with all other underlying
investigative materials the Inspector General deems to be relevant,
to the State Personnel Board so that the complaining employee can
request leave to file charges against the employee found to have
engaged in acts of reprisal, retaliation, threats, or similar acts,
in accordance with the provisions of Section 19583.5 of the
Government Code. If the State Personnel Board accepts the complaint,
the board shall provide the charged and complaining parties with a
copy of all relevant materials.
(3) In addition to all other penalties provided by law, including
Section 8547.8 of the Government Code or any other penalties that the
sanctioning authority may determine to be appropriate, any state
employee at any rank and file, supervisory, or managerial level found
by the State Personnel Board to have intentionally engaged in acts
of reprisal, retaliation, threats, or coercion shall be suspended for
not less than 30 days without pay, and shall be liable in an action
for damages brought against him or her by the injured party. If the
State Personnel Board determines that a lesser period of suspension
is warranted, the reasons for that determination must be justified in
writing in the decision.
(e) Nothing in this section shall prohibit the employing entity
from exercising its authority to terminate, suspend, or discipline an
employee who engages in conduct prohibited by this section.



6131. (a) Upon the completion of any audit conducted by the
Inspector General, he or she shall prepare a written report, which
shall be disclosed, along with all underlying materials the Inspector
General deems appropriate, to the Governor, the Secretary of the
Youth and Adult Correctional Agency, the appropriate director, chair,
or law enforcement agency, and the Legislature. Copies of all those
written reports shall be posted on the Inspector General's Web site
within 10 days of being disclosed to the above-listed entities or
persons.
(b) Upon the completion of any investigation conducted by the
Inspector General, he or she shall prepare a complete written report,
which shall be held as confidential and disclosed in confidence,
along with all underlying investigative materials the Inspector
General deems appropriate, to the Governor, the Secretary of the
Youth and Adult Correctional Agency, and the appropriate director,
chair, or law enforcement agency.
(c) Upon the completion of any investigation conducted by the
Inspector General, he or she shall also prepare and issue on a
quarterly basis, a public investigative report that includes all
investigations completed in the previous quarter. The public
investigative report shall differ from the complete investigative
report in the respect that the Inspector General shall have the
discretion to redact or otherwise protect the names of individuals,
specific locations, or other facts that, if not redacted, might
hinder prosecution related to the investigation, or where disclosure
of the information is otherwise prohibited by law, and to decline to
produce any of the underlying investigative materials. In a case
where allegations were deemed to be unfounded, all applicable
identifying information shall be redacted. The public investigative
report shall be made available to the public upon request and on a
quarterly basis as follows:
(1) In those cases where an investigation is referred only for
disciplinary action before the State Personnel Board or for other
administrative proceedings, the employing entity shall, within 10
days of receipt of the State Personnel Board's order rendered in
other administrative proceedings, provide the Inspector General with
a copy of the order. The Inspector General shall attach the order to
the public investigative report on its Web site and provide copies
of the report and order to the Legislature, as well as to any
complaining employee and any employee who was the subject of the
investigation.
(2) In those cases where the employing entity and the employee
against whom disciplinary action has been taken enter into a
settlement agreement concerning the disciplinary action, the
employing entity shall, within 10 days of the settlement agreement
becoming final, notify the Inspector General in writing of that fact
and shall describe what disciplinary action, if any, was ultimately
imposed on the employee. The Inspector General shall include the
settlement information in the public investigative report on its Web
site and provide copies of the report to the Legislature, as well as
to any complaining employee and any employee who was the subject of
the investigation.
(3) In those cases where the employing entity declines to pursue
disciplinary action against an employee, the employing entity shall,
within 10 days of its decision, notify the Inspector General in
writing of its decision not to pursue disciplinary action, setting
forth the reasons for its decision. The Inspector General shall
include the decision and rationale in the public investigative report
on its Web site and provide copies of the report to the Legislature,
as well as to any complaining employee and any employee who was the
subject of the investigation.
(4) In those cases where an investigation has been referred for
possible criminal prosecution, and the applicable local law
enforcement agency or the Attorney General has decided to commence
criminal proceedings against an employee, the report shall be made
public at a time deemed appropriate by the Inspector General after
consultation with the local law enforcement agency or the Attorney
General, but in all cases no later than when discovery has been
provided to the defendant in the criminal proceedings. The Inspector
General shall thereafter post the public investigative report on its
Web site and provide copies of the report to the Legislature, as
well as to any complaining employee and any employee who was the
subject of the investigation.
(5) In those cases where the local law enforcement agency or the
Attorney General declines to commence criminal proceedings against an
employee, the local law enforcement agency or the Attorney General
shall, within 30 days of reaching that decision, notify the Inspector
General of that fact. The Inspector General shall include the
decision in the public investigative report on its Web site and
provide copies of the report to the Legislature, as well as to any
complaining employee and any employee who was the subject of the
investigation.
(6) In those cases where an investigation has been referred for
neither disciplinary action or other administrative proceedings, nor
for criminal prosecution, the Inspector General shall include the
decision not to refer the matter in the public investigative report
on its Web site and provide copies of the report to the Legislature,
as well as to any complaining employee and any employee who was the
subject of the investigation.



6132. (a) The Inspector General shall report annually to the
Governor and the Legislature a summary of his or her investigations
and audits. The summary shall be posted on the Inspector General's
Web site and otherwise made available to the public upon its release
to the Governor and the Legislature. The summary shall include, but
not be limited to, significant problems discovered by the Inspector
General, and whether recommendations the Inspector General has made
through audits and investigations have been implemented by the
subject agency, department, or board.
(b) The Inspector General shall issue regular, and in no case less
than twice per year, reports to the Governor and the Legislature
summarizing its findings concerning its oversight of Youth and Adult
Correctional Agency disciplinary cases and shall thereafter post the
reports summarizing disciplinary cases on its Web site.



6133. (a) There is created within the office of the Inspector
General a Bureau of Independent Review (BIR), which shall be subject
to the direction of the Inspector General.
(b) The BIR shall be responsible for contemporaneous public
oversight of the Youth and Adult Correctional Agency investigations
conducted by the Department of Corrections' Office of Investigative
Services and by Internal Affairs for the Department of the Youth
Authority. The BIR shall also be responsible for advising the public
regarding the adequacy of each investigation, and whether discipline
of the subject of the investigation is warranted. The BIR shall
have discretion to provide public oversight of other Youth and Adult
Correctional Agency personnel investigations as needed.
(c) (1) The BIR shall issue regular reports, no less than
annually, to the Governor and the Legislature summarizing its
recommendations concerning its oversight of Youth and Adult
Correctional Agency allegations of internal misconduct and use of
force. The BIR shall also issue regular reports, no less than
semiannually, summarizing its oversight of Office of Investigative
Services and Internal Affairs investigations pursuant to subdivision
(b). The reports shall include, but not be limited to, the
following:
(A) Data on the number, type, and disposition of complaints made
against correctional officers and staff.
(B) A synopsis of each matter reviewed by the BIR.
(C) An assessment of the quality of the investigation, the
appropriateness of any disciplinary charges, the BIR's
recommendations regarding the disposition in the case and when
founded, the level of discipline afforded, and the degree to which
the agency's authorities agreed with the BIR recommendations
regarding disposition and level of discipline.
(D) The report of any settlement and whether the BIR concurred
with the settlement.
(E) The extent to which any discipline was modified after
imposition.
(2) The reports shall be in a form which does not identify the
agency employees involved in the alleged misconduct.
(3) The reports shall be posted on the Inspector General's Web
site and otherwise made available to the public upon their release to
the Governor and the Legislature.



6140. There is in the Office of the Inspector General the
California Rehabilitation Oversight Board (C-ROB). The board shall
consist of the 11 members as follows:
(a) The Inspector General, who shall serve as chair.
(b) The Secretary of the Department of Corrections and
Rehabilitation.
(c) The Superintendent of Public Instruction, or his or her
designee.
(d) The Chancellor of the California Community Colleges, or his or
her designee.
(e) The Director of the State Department of Alcohol and Drug
Programs, or his or her designee.
(f) The Director of Mental Health, or his or her designee.
(g) A faculty member of the University of California who has
expertise in rehabilitation of criminal offenders, appointed by the
President of the University of California.
(h) A faculty member of the California State University, who has
expertise in rehabilitation of criminal offenders, appointed by the
Chancellor of the California State University.
(i) A county sheriff, appointed by the Governor.
(j) A county chief probation officer, appointed by the Senate
Committee on Rules.
(k) A local government official who provides mental health,
substance abuse, or educational services to criminal offenders,
appointed by the Speaker of the Assembly.



6141. The California Rehabilitation Oversight Board shall meet at
least quarterly, and shall regularly examine the various mental
health, substance abuse, educational, and employment programs for
inmates and parolees operated by the Department of Corrections and
Rehabilitation. The board shall report to the Governor and the
Legislature biannually, on January 15 and July 15, and may submit
other reports during the year if it finds they are necessary. The
reports shall include, but are not limited to, findings on the
effectiveness of treatment efforts, rehabilitation needs of
offenders, gaps in rehabilitation services in the department, and
levels of offender participation and success in the programs. The
board shall also make recommendations to the Governor and Legislature
with respect to modifications, additions, and eliminations of
rehabilitation and treatment programs. In performing its duties, the
board shall use the work products developed for the department as a
result of the provisions of the 2006 Budget Act, including Provision
18 of Item 5225-001-0001.

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CONSERVATION CENTERS
6200. There are hereby established, under the jurisdiction of the
Director of Corrections, the Sierra Conservation Center, the North
Coast Conservation Center and the Southern Conservation Center,
hereafter referred to collectively as the "conservation centers."




6201. The primary purpose of the conservation centers shall be the
receiving, employment, care, custody and education of inmates in the
custody of the Director of Corrections assigned thereto.



6202. Work of inmates assigned to the conservation centers may be
performed at the conservation centers or branches thereof or in or
from permanent, temporary, and mobile camps established pursuant to
this chapter or pursuant to Article 5 (commencing with Section 2780)
of Chapter 5 of Title 1 of Part 3. The provisions of Sections 2780.1
to 2786, inclusive, and Sections 2788 to 2791, inclusive, are
applicable to camps established pursuant to this article as well as
those established pursuant to that Article 5. The Director of
Corrections may, at such times as the director deems proper and on
such terms as the director deems wise, enter into contracts or
cooperative agreements with any public agency, local, state, or
federal, for the performance of other conservation projects which are
appropriate for the public agencies under policies which shall be
established by the Prison Industry Authority.
Inmates and wards may be assigned to perform public conservation
projects, including, but not limited to, forest fire prevention and
control, forest and watershed management, recreational area
development, fish and game management, soil conservation, and forest
watershed revegetation.
No productive industrial enterprise subject to the jurisdiction of
the Prison Industry Authority shall be established at any center or
branch thereof or camp established pursuant to this chapter except in
compliance with Chapter 3.5 (commencing with Section 5085) of Title
7 of Part 3.


6203. The Director of Corrections shall, in accordance with law,
construct and provide equipment for suitable buildings, structures,
and facilities for the conservation centers, branches thereof, and
permanent, temporary, and mobile camps operated therefrom. The
director may, as necessary, lease equipment needed for the operation
of mobile camps. The Sierra Conservation Center shall be located in
the Tuolumne area of California. The North Coast Conservation Center
shall be located in the North Coast area of California. The
Southern Conservation Center shall be located on the grounds of the
California Institution for Men at Chino. The director may establish
such branches of the conservation centers as may be necessary.




6204. The Director of Corrections shall make rules and regulations
for the government of the conservation centers in the management of
their affairs.


6205. Each conservation center shall be headed by a warden,
appointed pursuant to Section 6050, and the Director of Corrections
shall appoint, subject to civil service, other officers and employees
as may be necessary.


6206. The supervision, management, and control of the conservation
centers and the responsibility for the care, custody, treatment,
training, discipline, and employment of persons confined therein or
in branches thereof or in permanent, temporary, and mobile camps
operating therefrom are vested in the Director of Corrections.




6207. The provisions of Part 3 (commencing with Section 2000),
insofar as applicable, apply to the conservation centers and branches
thereof and any permanent, temporary, and mobile camps operating
therefrom and to the persons confined therein.




6208. Any persons under the custody of the Director of Corrections
may be transferred to the conservation centers in accordance with
law.
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