"u.s.a"california penal code

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TITLE OF THE ACT
1. This Act shall be known as THE PENAL CODE OF CALIFORNIA, and is
divided into four parts, as follows:

I.--OF CRIMES AND PUNISHMENTS.
II.--OF CRIMINAL PROCEDURE.
III.--OF THE STATE PRISON AND COUNTY JAILS.

[/align] IV.--OF PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS.

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PENAL CODE
SECTION 2-24


2. This Code takes effect at twelve o'clock, noon, on the first dayof January, eighteen hundred and seventy-three.3. No part of it is retroactive, unless expressly so declared.4. The rule of the common law, that penal statutes are to bestrictly construed, has no application to this Code. All itsprovisions are to be construed according to the fair import of theirterms, with a view to effect its objects and to promote justice.5. The provisions of this Code, so far as they are substantiallythe same as existing statutes, must be construed as continuationsthereof, and not as new enactments.6. No act or omission, commenced after twelve o'clock noon of theday on which this Code takes effect as a law, is criminal orpunishable, except as prescribed or authorized by this Code, or bysome of the statutes which it specifies as continuing in force and asnot affected by its provisions, or by some ordinance, municipal,county, or township regulation, passed or adopted, under suchstatutes and in force when this Code takes effect. Any act oromission commenced prior to that time may be inquired of, prosecuted,and punished in the same manner as if this Code had not been passed.7. Words used in this code in the present tense include the futureas well as the present; words used in the masculine gender includethe feminine and neuter; the singular number includes the plural, andthe plural the singular; the word "person" includes a corporation aswell as a natural person; the word "county" includes "city andcounty"; writing includes printing and typewriting; oath includesaffirmation or declaration; and every mode of oral statement, under[/align]

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[align=left]PENAL CODE [/align]
[align=left]SECTION 25-29[/align]
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25. (a) The defense of diminished capacity is hereby abolished. In
a criminal action, as well as any juvenile court proceeding,
evidence concerning an accused person's intoxication, trauma, mental
illness, disease, or defect shall not be admissible to show or negate
capacity to form the particular purpose, intent, motive, malice
aforethought, knowledge, or other mental state required for the
commission of the crime charged.
(b) In any criminal proceeding, including any juvenile court
proceeding, in which a plea of not guilty by reason of insanity is
entered, this defense shall be found by the trier of fact only when
the accused person proves by a preponderance of the evidence that he
or she was incapable of knowing or understanding the nature and
quality of his or her act and of distinguishing right from wrong at
the time of the commission of the offense.
(c) Notwithstanding the foregoing, evidence of diminished capacity
or of a mental disorder may be considered by the court only at the
time of sentencing or other disposition or commitment.
(d) The provisions of this section shall not be amended by the
Legislature except by statute passed in each house by rollcall vote
entered in the journal, two-thirds of the membership concurring, or
by a statute that becomes effective only when approved by the
electors.


25.5. In any criminal proceeding in which a plea of not guilty by
reason of insanity is entered, this defense shall not be found by the
trier of fact solely on the basis of a personality or adjustment
disorder, a seizure disorder, or an addiction to, or abuse of,
intoxicating substances. This section shall apply only to persons
who utilize this defense on or after the operative date of the
section.



26. All persons are capable of committing crimes except those
belonging to the following classes:
One--Children under the age of 14, in the absence of clear proof
that at the time of committing the act charged against them, they
knew its wrongfulness.
Two--Persons who are mentally incapacitated.
Three--Persons who committed the act or made the omission charged
under an ignorance or mistake of fact, which disproves any criminal
intent.
Four--Persons who committed the act charged without being
conscious thereof.
Five--Persons who committed the act or made the omission charged
through misfortune or by accident, when it appears that there was no
evil design, intention, or culpable negligence.
Six--Persons (unless the crime be punishable with death) who
committed the act or made the omission charged under threats or
menaces sufficient to show that they had reasonable cause to and did
believe their lives would be endangered if they refused.



27. (a) The following persons are liable to punishment under the
laws of this state:
(1) All persons who commit, in whole or in part, any crime within
this state.
(2) All who commit any offense without this state which, if
committed within this state, would be larceny, carjacking, robbery,
or embezzlement under the laws of this state, and bring the property
stolen or embezzled, or any part of it, or are found with it, or any
part of it, within this state.
(3) All who, being without this state, cause or aid, advise or
encourage, another person to commit a crime within this state, and
are afterwards found therein.
(b) Perjury, in violation of Section 118, is punishable also when
committed outside of California to the extent provided in Section
118.


28. (a) Evidence of mental disease, mental defect, or mental
disorder shall not be admitted to show or negate the capacity to form
any mental state, including, but not limited to, purpose, intent,
knowledge, premeditation, deliberation, or malice aforethought, with
which the accused committed the act. Evidence of mental disease,
mental defect, or mental disorder is admissible solely on the issue
of whether or not the accused actually formed a required specific
intent, premeditated, deliberated, or harbored malice aforethought,
when a specific intent crime is charged.
(b) As a matter of public policy there shall be no defense of
diminished capacity, diminished responsibility, or irresistible
impulse in a criminal action or juvenile adjudication hearing.
(c) This section shall not be applicable to an insanity hearing
pursuant to Section 1026.
(d) Nothing in this section shall limit a court's discretion,
pursuant to the Evidence Code, to exclude psychiatric or
psychological evidence on whether the accused had a mental disease,
mental defect, or mental disorder at the time of the alleged offense.




29. In the guilt phase of a criminal action, any expert testifying
about a defendant's mental illness, mental disorder, or mental defect
shall not testify as to whether the defendant had or did not have
the required mental states, which include, but are not limited to,
purpose, intent, knowledge, or malice aforethought, for the crimes
charged. The question as to whether the defendant had or did not
have the required mental states shall be decided by the trier of
fact.
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PENAL CODE
SECTION 30-33
30. The parties to crimes are classified as:
1. Principals; and,
2. Accessories.



31. All persons concerned in the commission of a crime, whether it
be felony or misdemeanor, and whether they directly commit the act
constituting the offense, or aid and abet in its commission, or, not
being present, have advised and encouraged its commission, and all
persons counseling, advising, or encouraging children under the age
of fourteen years, or persons who are mentally incapacitated, to
commit any crime, or who, by fraud, contrivance, or force, occasion
the drunkenness of another for the purpose of causing him to commit
any crime, or who, by threats, menaces, command, or coercion, compel
another to commit any crime, are principals in any crime so
committed.



32. Every person who, after a felony has been committed, harbors,
conceals or aids a principal in such felony, with the intent that
said principal may avoid or escape from arrest, trial, conviction or
punishment, having knowledge that said principal has committed such
felony or has been charged with such felony or convicted thereof, is
an accessory to such felony.



33. Except in cases where a different punishment is prescribed, an
accessory is punishable by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in the state prison, or in a county
jail not exceeding one year, or by both such fine and imprisonment.
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. (a) Treason against this state consists only in levying war
against it, adhering to its enemies, or giving them aid and comfort,
and can be committed only by persons owing allegiance to the state.
The punishment of treason shall be death or life imprisonment without
possibility of parole. The penalty shall be determined pursuant to
Sections 190.3 and 190.4.
(b) Upon a trial for treason, the defendant cannot be convicted
unless upon the testimony of two witnesses to the same overt act, or
upon confession in open court; nor, except as provided in Sections
190.3 and 190.4, can evidence be admitted of an overt act not
expressly charged in the indictment or information; nor can the
defendant be convicted unless one or more overt acts be expressly
alleged therein.


38. Misprision of treason is the knowledge and concealment of
treason, without otherwise assenting to or participating in the
crime. It is punishable by imprisonment in the state prison.

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[align=left]67. Every person who gives or offers any bribe to any executive
officer in this state, with intent to influence him in respect to any
act, decision, vote, opinion, or other proceeding as such officer,
is punishable by imprisonment in the state prison for two, three or
four years, and is disqualified from holding any office in this
state.



67.5. (a) Every person who gives or offers as a bribe to any
ministerial officer, employee, or appointee of the State of
California, county or city therein, or political subdivision thereof,
any thing the theft of which would be petty theft is guilty of a
misdemeanor.
(b) If the theft of the thing given or offered would be grand
theft the offense is a felony.



68. (a) Every executive or ministerial officer, employee, or
appointee of the State of California, a county or city therein, or a
political subdivision thereof, who asks, receives, or agrees to
receive, any bribe, upon any agreement or understanding that his or
her vote, opinion, or action upon any matter then pending, or that
may be brought before him or her in his or her official capacity,
shall be influenced thereby, is punishable by imprisonment in the
state prison for two, three, or four years and, in cases in which no
bribe has been actually received, by a restitution fine of not less
than two thousand dollars ($2,000) or not more than ten thousand
dollars ($10,000) or, in cases in which a bribe was actually
received, by a restitution fine of at least the actual amount of the
bribe received or two thousand dollars ($2,000), whichever is
greater, or any larger amount of not more than double the amount of
any bribe received or ten thousand dollars ($10,000), whichever is
greater, and, in addition thereto, forfeits his or her office,
employment, or appointment, and is forever disqualified from holding
any office, employment, or appointment, in this state.
(b) In imposing a restitution fine pursuant to this section, the
court shall consider the defendant's ability to pay the fine.



69. Every person who attempts, by means of any threat or violence,
to deter or prevent an executive officer from performing any duty
imposed upon such officer by law, or who knowingly resists, by the
use of force or violence, such officer, in the performance of his
duty, is punishable by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in the state prison, or in a county
jail not exceeding one year, or by both such fine and imprisonment.



70. (a) Every executive or ministerial officer, employee, or
appointee of the State of California, or any county or city therein,
or any political subdivision thereof, who knowingly asks, receives,
or agrees to receive any emolument, gratuity, or reward, or any
promise thereof excepting such as may be authorized by law for doing
an official act, is guilty of a misdemeanor.
(b) This section does not prohibit deputy registrars of voters
from receiving compensation when authorized by local ordinance from
any candidate, political committee, or statewide political
organization for securing the registration of voters.
(c) (1) Nothing in this section precludes a peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, from engaging in, or being employed in, casual or part-time
employment as a private security guard or patrolman for a public
entity while off duty from his or her principal employment and
outside his or her regular employment as a peace officer of a state
or local agency, and exercising the powers of a peace officer
concurrently with that employment, provided that the peace officer is
in a police uniform and is subject to reasonable rules and
regulations of the agency for which he or she is a peace officer.
Notwithstanding the above provisions, any and all civil and criminal
liability arising out of the secondary employment of any peace
officer pursuant to this subdivision shall be borne by the officer's
secondary employer.
(2) It is the intent of the Legislature by this subdivision to
abrogate the holdings in People v. Corey, 21 Cal.3d 738, and
Cervantez v. J.C. Penney Co., 24 Cal.3d 579, to reinstate prior
judicial interpretations of this section as they relate to criminal
sanctions for battery on peace officers who are employed, on a
part-time or casual basis, by a public entity, while wearing a police
uniform as private security guards or patrolmen, and to allow the
exercise of peace officer powers concurrently with that employment.
(d) (1) Nothing in this section precludes a peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, from engaging in, or being employed in, casual or part-time
employment as a private security guard or patrolman by a private
employer while off duty from his or her principal employment and
outside his or her regular employment as a peace officer, and
exercising the powers of a peace officer concurrently with that
employment, provided that all of the following are true:
(A) The peace officer is in his or her police uniform.
(B) The casual or part-time employment as a private security guard
or patrolman is approved by the county board of supervisors with
jurisdiction over the principal employer or by the board's designee
or by the city council with jurisdiction over the principal employer
or by the council's designee.
(C) The wearing of uniforms and equipment is approved by the
principal employer.
(D) The peace officer is subject to reasonable rules and
regulations of the agency for which he or she is a peace officer.
(2) Notwithstanding the above provisions, a peace officer while
off duty from his or her principal employment and outside his or her
regular employment as a peace officer of a state or local agency
shall not exercise the powers of a police officer if employed by a
private employer as a security guard during a strike, lockout,
picketing, or other physical demonstration of a labor dispute at the
site of the strike, lockout, picketing, or other physical
demonstration of a labor dispute. The issue of whether or not casual
or part-time employment as a private security guard or patrolman
pursuant to this subdivision is to be approved shall not be a subject
for collective bargaining. Any and all civil and criminal liability
arising out of the secondary employment of any peace officer
pursuant to this subdivision shall be borne by the officer's
principal employer. The principal employer shall require the
secondary employer to enter into an indemnity agreement as a
condition of approving casual or part-time employment pursuant to
this subdivision.
(3) It is the intent of the Legislature by this subdivision to
abrogate the holdings in People v. Corey, 21 Cal. 3d 738, and
Cervantez v. J. C. Penney Co., 24 Cal. 3d 579, to reinstate prior
judicial interpretations of this section as they relate to criminal
sanctions for battery on peace officers who are employed, on a
part-time or casual basis, while wearing a police uniform approved by
the principal employer, as private security guards or patrolmen, and
to allow the exercise of peace officer powers concurrently with that
employment.
(e) (1) Nothing in this section precludes a peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, from engaging in, or being employed in, other employment
while off duty from his or her principal employment and outside his
or her regular employment as a peace officer of a state or local
agency.
(2) Subject to subdivisions (c) and (d), and except as provided by
written regulations or policies adopted by the employing state or
local agency, or pursuant to an agreement between the employing state
or local agency and a recognized employee organization representing
the peace officer, no peace officer shall be prohibited from engaging
in, or being employed in, other employment while off duty from his
or her principal employment and outside his or her regular employment
as a peace officer of a state or local agency.
(3) If an employer withholds consent to allow a peace officer to
engage in or be employed in other employment while off duty, the
employer shall, at the time of denial, provide the reasons for denial
in writing to the peace officer.



70.5. Every commissioner of civil marriages or every deputy
commissioner of civil marriages who accepts any money or other thing
of value for performing any marriage pursuant to Section 401 of the
Family Code, including any money or thing of value voluntarily
tendered by the persons about to be married or who have been married
by the commissioner of civil marriages or deputy commissioner of
civil marriages, other than a fee expressly imposed by law for
performance of a marriage, whether the acceptance occurs before or
after performance of the marriage and whether or not performance of
the marriage is conditioned on the giving of such money or the thing
of value by the persons being married, is guilty of a misdemeanor.
It is not a necessary element of the offense described by this
section that the acceptance of the money or other thing of value be
committed with intent to commit extortion or with other criminal
intent.
This section does not apply to the request or acceptance by any
retired commissioner of civil marriages of a fee for the performance
of a marriage.
This section is inapplicable to the acceptance of a fee for the
performance of a marriage on Saturday, Sunday, or a legal holiday.




71. Every person who, with intent to cause, attempts to cause, or
causes, any officer or employee of any public or private educational
institution or any public officer or employee to do, or refrain from
doing, any act in the performance of his duties, by means of a
threat, directly communicated to such person, to inflict an unlawful
injury upon any person or property, and it reasonably appears to the
recipient of the threat that such threat could be carried out, is
guilty of a public offense punishable as follows:
(1) Upon a first conviction, such person is punishable by a fine
not exceeding ten thousand dollars ($10,000), or by imprisonment in
the state prison, or in a county jail not exceeding one year, or by
both such fine and imprisonment.
(2) If such person has been previously convicted of a violation of
this section, such previous conviction shall be charged in the
accusatory pleading, and if such previous conviction is found to be
true by the jury, upon a jury trial, or by the court, upon a court
trial, or is admitted by the defendant, he is punishable by
imprisonment in the state prison.
As used in this section, "directly communicated" includes, but is
not limited to, a communication to the recipient of the threat by
telephone, telegraph, or letter.



72. Every person who, with intent to defraud, presents for
allowance or for payment to any state board or officer, or to any
county, city, or district board or officer, authorized to allow or
pay the same if genuine, any false or fraudulent claim, bill,
account, voucher, or writing, is punishable either by imprisonment in
the county jail for a period of not more than one year, by a fine of
not exceeding one thousand dollars ($1,000), or by both such
imprisonment and fine, or by imprisonment in the state prison, by a
fine of not exceeding ten thousand dollars ($10,000), or by both such
imprisonment and fine.
As used in this section "officer" includes a "carrier," as defined
in subdivision (a) of Section 14124.70 of the Welfare and
Institutions Code, authorized to act as an agent for a state board or
officer or a county, city, or district board or officer, as the case
may be.



72.5. (a) Every person who, knowing a claim seeks public funds for
reimbursement of costs incurred in attending a political function
organized to support or oppose any political party or political
candidate, presents such a claim for allowance or for payment to any
state board or officer, or to any county, city, or district board or
officer authorized to allow or pay such claims, is punishable either
by imprisonment in the county jail for a period of not more than one
year, by a fine of not exceeding one thousand dollars ($1,000), or by
both such imprisonment and fine, or by imprisonment in the state
prison, by a fine of not exceeding ten thousand dollars ($10,000), or
by both such imprisonment and fine.
(b) Every person who, knowing a claim seeks public funds for
reimbursement of costs incurred to gain admittance to a political
function expressly organized to support or oppose any ballot measure,
presents such a claim for allowance or for payment to any state
board or officer, or to any county, city, or district board or
officer authorized to allow or pay such claims is punishable either
by imprisonment in the county jail for a period of not more than one
year, by a fine of not exceeding one thousand dollars ($1,000), or by
both such imprisonment and fine, or by imprisonment in the state
prison, by a fine of not exceeding ten thousand dollars ($10,000), or
by both such imprisonment and fine.



73. Every person who gives or offers any gratuity or reward, in
consideration that he or any other person shall be appointed to any
public office, or shall be permitted to exercise or discharge the
duties thereof, is guilty of a misdemeanor.




74. Every public officer who, for any gratuity or reward, appoints
another person to a public office, or permits another person to
exercise or discharge any of the duties of his office, is punishable
by a fine not exceeding ten thousand dollars ($10,000), and, in
addition thereto, forfeits his office and is forever disqualified
from holding any office in this state.



76. (a) Every person who knowingly and willingly threatens the life
of, or threatens serious bodily harm to, any elected public
official, county public defender, county clerk, exempt appointee of
the Governor, judge, or Deputy Commissioner of the Board of Prison
Terms, or the staff, immediate family, or immediate family of the
staff of any elected public official, county public defender, county
clerk, exempt appointee of the Governor, judge, or Deputy
Commissioner of the Board of Prison Terms, with the specific intent
that the statement is to be taken as a threat, and the apparent
ability to carry out that threat by any means, is guilty of a public
offense, punishable as follows:
(1) Upon a first conviction, the offense is punishable by a fine
not exceeding five thousand dollars ($5,000), or by imprisonment in
the state prison, or in a county jail not exceeding one year, or by
both that fine and imprisonment.
(2) If the person has been convicted previously of violating this
section, the previous conviction shall be charged in the accusatory
pleading, and if the previous conviction is found to be true by the
jury upon a jury trial, or by the court upon a court trial, or is
admitted by the defendant, the offense is punishable by imprisonment
in the state prison.
(b) Any law enforcement agency that has knowledge of a violation
of this section involving a constitutional officer of the state, a
Member of the Legislature, or a member of the judiciary shall
immediately report that information to the Department of the
California Highway Patrol.
(c) For purposes of this section, the following definitions shall
apply:
(1) "Apparent ability to carry out that threat" includes the
ability to fulfill the threat at some future date when the person
making the threat is an incarcerated prisoner with a stated release
date.
(2) "Serious bodily harm" includes serious physical injury or
serious traumatic condition.
(3) "Immediate family" means a spouse, parent, or child, or anyone
who has regularly resided in the household for the past six months.

(4) "Staff of a judge" means court officers and employees,
including commissioners, referees, and retired judges sitting on
assignment.
(5) "Threat" means a verbal or written threat or a threat implied
by a pattern of conduct or a combination of verbal or written
statements and conduct made with the intent and the apparent ability
to carry out the threat so as to cause the person who is the target
of the threat to reasonably fear for his or her safety or the safety
of his or her immediate family.
(d) As for threats against staff or immediate family of staff, the
threat must relate directly to the official duties of the staff of
the elected public official, county public defender, county clerk,
exempt appointee of the Governor, judge, or Deputy Commissioner of
the Board of Prison Terms in order to constitute a public offense
under this section.
(e) A threat must relate directly to the official duties of a
Deputy Commissioner of the Board of Prison Terms in order to
constitute a public offense under this section.



77. The various provisions of this title, except Section 76, apply
to administrative and ministerial officers, in the same manner as if
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2035. There is hereby established an institution for the
confinement of males under the custody of the Director of Corrections
and the Youth Authority to be known as the Deuel Vocational
Institution.



2037. There may be transferred to and confined in the Deuel
Vocational Institution any male, subject to the custody, control and
discipline of the Director of Corrections, or any male, subject to
the custody, control and discipline of the Youth Authority who has
been committed to the Youth Authority under the provisions of Section
1731.5 of the Welfare and Institutions Code, who the Director of
Corrections or Youth Authority, as the case may be, believes will be
benefited by confinement in such an institution.



2039. The Governor, upon recommendation of the Director of
Corrections, in accordance with Section 6050, shall appoint a warden
for the Deuel Vocational Institution. 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.



2040. The Director of Corrections shall construct and equip, in
accordance with law, suitable buildings, structures, and facilities
for the Deuel Vocational Institution.



2041. Part 3 (commencing with Section 2000) shall apply to the
Deuel Vocational Institution and to the persons confined therein so
far as those provisions may be applicable. Whenever the name
California Vocational Institution appears in any statute, it shall be
deemed for all purposes to refer to the Deuel Vocational
Institution.



2042. Every minor person confined in the Deuel Vocational Institute
who escapes or attempts to escape therefrom is guilty of a crime and
shall be imprisoned in a state prison, or in the county jail for not
exceeding one year.

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California Correctional Center


2043. The Director of Corrections is authorized to establish a
state prison for the confinement of males under the custody of the
Director of Corrections to be known as the California Correctional
Center at Susanville.


2043.1. The primary purpose of the state prison authorized to be
established by Section 2043 shall be to provide custody and care, and
industrial, vocational, and other training to persons confined
therein.


2043.2. Any person under the custody of the Director of Corrections
may be transferred to the California Correctional Center at
Susanville in accordance with law.



2043.4. The warden of the California Correctional Center at
Susanville shall be appointed pursuant to Section 6050 and the
Director of Corrections shall appoint, subject to civil service,
those other officials and employees as may be necessary.




2043.5. Part 3 (commencing with Section 2000) shall apply to the
California Correctional Center at Susanville and to the persons
confined therein, insofar as those provisions may be applicable.
Correctional Training Facility


2045. The Director of Corrections with the approval of the Board of
Corrections, is authorized to establish a State prison for the
confinement of males under the custody of the Director of
Corrections.



2045.1. The prison authorized to be established by Section 2045
shall be a medium security type institution. Its primary purpose
shall be to provide custody, care, industrial, vocational, and other
training to persons confined therein. However, the Director of
Corrections may designate a portion or all of the prison to serve the
same purposes and to have the same security standards as the
institution provided for by Article 4 (commencing at Section 2035) of
Chapter 1 of Title 1 of Part 3.



2045.4. The Governor, upon recommendation of the Director of
Corrections, in accordance with Section 6050, shall appoint a warden
for the California Training 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.


2045.5. The Director of Corrections shall construct and equip in
accordance with law, suitable buildings, structures and facilities
for said institution.


2045.6. The provisions of Part 3 (commencing with Section 2000)
apply to the institution and to the persons confined therein insofar
as those provisions may be applicable.
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California Correctional Institution in
Monterey County
2045.10. The Director of Corrections is authorized to construct and
establish a state prison for the confinement of males under the
custody of the Director of Corrections.



2045.11. The facility authorized by Section 2045.10 shall be a
combination 1,000-bed Level III and 1,000-bed Level IV prison
together with a 200-bed Level I support services facility on the
existing grounds of the Correctional Training Facility in Monterey
County. The provisions of Division 13 (commencing with Section
21000) of the Public Resources Code that require consideration of
alternatives for a proposed project shall not apply to the project
authorized by Section 2045.10.
California Men's Colony


2046. The Director of Corrections is authorized to establish a
state prison for the confinement of males under the custody of the
Director of Corrections. It shall be a medium security institution
and shall be known as the California Men's Colony.




2046.1. The prison authorized to be established by Section 2046
shall be a medium security type institution. Its primary purpose
shall be to provide custody, care, industrial, vocational, and other
training to persons confined therein.


2046.2. Any person under the custody of the Director of Corrections
may be transferred to the said prison in accordance with law.



2046.4. A warden for the said prison shall be appointed pursuant to
Section 6050, and the Director of Corrections shall apoint, subject
to civil service, such other officials and employees as may be
necessary therefor, and shall fix their compensation.




2046.5. The Director of Corrections shall construct and equip in
accordance with law, suitable buildings, structures, and facilities
for the said prison.


2046.6. The provisions of this part shall apply to the prison and
to the persons confined therein insofar as those provisions may be
applicable.
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California Correctional Institution at Tehachapi
ADMINISTRATION OF STATE PRISONS
Miscellaneous Powers and Duties of Department and
Director of Corrections
2051. The department is hereby authorized to contract for
provisions, clothing, medicines, forage, fuel, and all other staple
supplies needed for the support of the prisons for any period of
time, not exceeding one year, and such contracts shall be limited to
bona fide dealers in the several classes of articles contracted for.
Contracts for such articles as the department may desire to contract
for, shall be given to the lowest bidder at a public letting
thereof, if the price bid is a fair and reasonable one, and not
greater than the usual value and prices.
Each bid shall be accompanied by such security as the department
may require, conditional upon the bidder entering into a contract
upon the terms of his bid, on notice of the acceptance thereof, and
furnishing a penal bond with good and sufficient sureties in such sum
as the department may require, and to its satisfaction that he will
faithfully perform his contract.
If the proper officer of the prison reject any article, as not
complying with the contract, or if a bidder fail to furnish the
articles awarded to him when required, the proper officer of the
prison may buy other articles of the kind rejected or called for, in
the open market, and deduct the price thereof, over the contract
price, from the amount due to the bidder, or charge the same up
against him.
Notice of the time, place, and conditions of the letting of
contracts shall be given for at least two consecutive weeks in two
newspapers printed and published in the City and County of San
Francisco, and in one newspaper printed and published in the County
of Sacramento, and in the county where the prison to be supplied is
situated.
If all the bids made at such letting are deemed unreasonably high,
the department may, in its discretion, decline to contract and may
again advertise for such time and in such papers as it sees proper
for proposals, and may so continue to renew the advertisement until
satisfactory contracts are made; and in the meantime the department
may contract with anyone whose offer is regarded as just and
equitable, or may purchase in the open market.
No bids shall be accepted, nor a contract entered into in
pursuance thereof, when such bid is higher than any other bid at the
same letting for the same class or schedule of articles, quality
considered, and when a contract can be had at such lower bid.
When two or more bids for the same article or articles are equal
in amount, the department may select the one which, all things
considered, may by it be thought best for the interest of the State,
or it may divide the contract between the bidders as in its judgment
may seem proper and right.
The department shall have power to let a contract in the aggregate
or they may segregate the items, and enter into a contract with the
bidder or bidders who may bid lowest on the several articles.
The department shall have the power to reject the bid of any
person who had a prior contract and who had not, in the opinion of
the department, faithfully complied therewith.



2052. (a) The department shall have power to contract for the
supply of electricity, gas and water for said prisons, upon such
terms as the department shall deem to be for the best interests of
the state, or to manufacture gas or electricity, or furnish water
itself, at its option. It shall also have power to erect and
construct or cause to be erected and constructed, electrical
apparatus or other illuminating works in its discretion with or
without contracting therefor, on such terms as it may deem just. The
department shall have full power to erect any building or structure
deemed necessary by it, or to alter or improve the same, and to pay
for the same from the fund appropriated for the use or support of the
prisons, or from the earnings thereof, without advertising or
contracting therefor.
(b) With respect to any facility under the jurisdiction of the
Prison Industry Authority, the Prison Industry Authority shall have
the same powers which are vested in the department pursuant to
subdivision (a).


2053. (a) The Legislature finds and declares that there is a
correlation between prisoners who are functionally literate and those
who successfully reintegrate into society upon release. It is
therefore the intent of the Legislature, in enacting "The Prisoner
Literacy Act," to raise the percentage of prisoners who are
functionally literate, in order to provide for a corresponding
reduction in the recidivism rate.
(b) The Department of Corrections shall determine the reading
level of each prisoner upon commitment.



2053.1. The Director of the Department of Corrections shall
implement in every state prison literacy programs that are designed
to ensure that upon parole inmates are able to achieve a ninth-grade
reading level. The department shall prepare an implementation plan
for this program, and shall request the necessary funds to implement
this program as follows:
(a) To make the program available to at least 25 percent of
eligible inmates in the state prison system by July 1, 1991.
(b) To make the program available to at least 60 percent of
eligible inmates in the state prison system by January 1, 1996.
In complying with the requirements of this section, the department
shall give strong consideration to computer assisted training and
other innovations which have proven to be effective in reducing
illiteracy of disadvantaged adults.



2053.4. The Director of Corrections shall appoint a Superintendent
of Correctional Education, who shall oversee and administer all
prison education programs. The Superintendent of Correctional
Education shall set both short-term and long-term goals for inmate
literacy and testing, and shall establish priorities for prison
education programs.



2054. The Director of Corrections may establish and maintain
classes for inmates by utilizing personnel of the Department of
Corrections, or by entering into an agreement with the governing
board of a school district or private school or the governing boards
of school districts under which the district shall maintain classes
for such inmates. The governing board of a school district or
private school may enter into such an agreement regardless of whether
the institution or facility at which the classes are to be
established and maintained is within or without the boundaries of the
school district.
Any agreement entered into between the Director of Corrections and
a school district or private school pursuant to this section may
require the Department of Corrections to reimburse the school
district or private school for the cost to the district or private
school of maintaining such classes. "Cost" as used herein includes
contributions required of any school district to the State Teachers'
Retirement System, but such cost shall not include an amount in
excess of the amount expended by the district for salaries of the
teachers for such classes, increased by one-fifth. Salaries of such
teachers for the purposes of this section shall not exceed the
salaries as set by the governing board for teachers in other classes
for adults maintained by the district, or private schools.
Attendance or average daily attendance in classes established
pursuant to this section or in classes in trade and industrial
education or vocational training for adult inmates of institutions or
facilities under the jurisdiction of the Department of Corrections
shall not be reported to the State Department of Education for
apportionment and no apportionment from the State School Fund shall
be made on account of average daily attendance in such classes.
No school district or private school shall provide for the
academic education of adult inmates of state institutions or
facilities under the jurisdiction of the Department of Corrections
except in accordance with this section.
The Legislature hereby declares that for each fiscal year funds
for the support of the academic education program for inmates of the
institutions or facilities under the jurisdiction of the Department
of Corrections shall be provided, upon appropriation by the
Legislature, to the Department of Corrections at the rate of forty
dollars ($40) multiplied by the total number of inmates which the
Department of Corrections estimates will be in such institutions or
facilities on December 31st of the fiscal year, except as provided in
Section 2054.1.



2054.1. The rate specified in Section 2054 shall be further
increased or decreased in the same proportion as the median salaries
for full-time high school teachers in the public schools of this
State have increased or decreased since the 1956-57 Fiscal Year.
"Median salaries" as used herein is the amount which the
Superintendent of Public Instruction reports will be paid to
full-time high school teachers in the public schools of this State
during the fiscal year. Such reports shall be based upon information
compiled by the Department of Education on salaries of certificated
employees in the public schools of this State.
This section applies only to the program of academic education for
inmates.


2054.2. The Department of Corrections and Rehabilitation shall
determine and implement a system of incentives to increase inmate
participation in, and completion of, academic and vocational
education, consistent with the inmate's educational needs as
identified in the assessment performed pursuant to Section 3020,
including, but not limited to, a literacy level specified in Section
2053.1, a high school diploma or equivalent, or a particular
vocational job skill. These incentives may be consistent with other
incentives provided to inmates who participate in work programs.




2055. The Director of Corrections may, in his discretion, from time
to time insure any or all products produced at any prison or
institution under the jurisdiction of the Director of Corrections,
whether the products are finished or unfinished, the materials from
which such products are made or to be made, and the equipment
necessary for the production thereof, against any or all risks of
loss, wherever such products, materials, or equipment are located,
while in the possession of the Department of Corrections and while in
transit thereto or therefrom or in storage, in such amounts as the
director deems proper. The cost of such insurance shall be paid from
the Correctional Industries Revolving Fund.



2056. If any of the shops or buildings in which convicts are
employed require rebuilding or repair for any reason, they may be
rebuilt or repaired immediately, under the direction of the Prison
Industry Authority.


2059. The department shall fix the compensation of its officers and
employees, other than those of wardens and clerks, at a gross rate
which shall include a cash allowance for board and lodging, but in no
case shall the money compensation, exclusive of the cash allowance
for board and lodging, be less than one hundred ten dollars ($110)
per month. There shall be deducted from the gross salaries of the
officers and employees of the prison the value of any board, lodging,
services or supplies rendered or sold to each such officer or
employee. The deduction for board and lodging shall not exceed the
cash allowance therefor.


2060. For the purposes of Sections 11009 and 11030 of the
Government Code, the following constitute, among other proper
purposes, state business for officers and employees of the department
for which such officers and employees shall be allowed actual and
necessary traveling expenses when the state travel and expense have
been approved by the Governor and the Director of Finance as provided
in that section.
Attending meetings of any national association or organization,
having as its principal purpose the study of matters relating to
penology, including prison management and paroles, or to a particular
field thereof, conferring with officers or employees of the United
States relative to problems relating to penology, including prison
management and paroles, in California, conferring with officers or
employees of other states engaged in the performance of similar
duties, and obtaining information useful to the department in the
conduct of its work.



2061. (a) The Department of Corrections and Rehabilitation shall
develop and implement, by January 15, 2008, a plan to address
management deficiencies within the department. The plan should, at a
minimum, address all of the following:
(1) Filling vacancies in management positions within the
department.
(2) Improving lines of accountability within the department.
(3) Standardizing processes to improve management.
(4) Improving communication within headquarters, between
headquarters, institutions and parole offices, and between
institutions and parole offices.
(5) Developing and implementing more comprehensive plans for
management of the prison inmate and parole populations.
(b) The department may contract with an outside entity that has
expertise in management of complex public and law enforcement
organizations to assist in identifying and addressing deficiencies.




2062. (a) The Department of Corrections and Rehabilitation shall
develop and implement a plan to obtain additional rehabilitation and
treatment services for prison inmates and parolees. The plan shall
include, but is not limited to, all of the following:
(1) Plans to fill vacant state staff positions that provide direct
and indirect rehabilitation and treatment services to inmates and
parolees.
(2) Plans to fill vacant staff positions that provide custody and
supervision services for inmates and parolees.
(3) Plans to obtain from local governments and contractors
services for parolees needing treatment while in the community and
services that can be brought to inmates within prisons.
(4) Plans to enter into agreements with community colleges to
accelerate training and education of rehabilitation and treatment
personnel, and modifications to the licensing and certification
requirements of state licensing agencies that can accelerate the
availability and hiring of rehabilitation and treatment personnel.
(b) The department shall submit the plan and a schedule for
implementation of its provisions to the Legislature by January 15,
2008.


2063. (a) It is the intent of the Legislature that the Department
of Corrections and Rehabilitation shall regularly provide operational
and fiscal information to the Legislature to allow it to better
assess the performance of the department in critical areas of
operations, including to both evaluate the effectiveness of
department programs and activities, as well as assess how efficiently
the department is using state resources.
(b) No later than January 10 of each year, the Department of
Corrections and Rehabilitation shall provide to the Joint Legislative
Budget Committee operational and fiscal information to be displayed
in the Governor's proposed budget. This information shall include
data for the three most recently ended fiscal years, and shall
include, but is not limited to, the following:
(1) Per capita costs, average daily population, and offender to
staff ratios for each of the following:
(A) Adult inmates housed in state prisons.
(B) Adult inmates housed in Community Correctional Facilities and
out-of-state facilities.
(C) Adult parolees supervised in the community.
(D) Juvenile wards housed in state facilities.
(E) Juvenile parolees supervised in the community.
(2) Total expenditures and average daily population for each adult
and juvenile institution.
(3) Number of established positions and percent of those positions
vacant on June 30 for each of the following classifications within
the department:
(A) Correctional officer.
(B) Correctional sergeant.
(C) Correctional lieutenant.
(D) Parole agent.
(E) Youth correctional counselor.
(F) Youth correctional officer.
(G) Physician.
(H) Registered nurse.
(I) Psychiatrist.
(J) Psychologist.
(K) Dentist.
(L) Teacher.
(M) Vocational instructor.
(N) Licensed vocational nurse.
(4) Average population of juvenile wards classified by board
category.
(5) Average population of adult inmates classified by security
level.
(6) Average population of adult parolees classified by supervision
level.
(7) Number of new admissions from courts, parole violators with
new terms, and parole violators returned to custody.
(8) Number of probable cause hearings, revocation hearings, and
parole suitability hearings conducted.
(9) For both adult and juvenile facilities, the number of budgeted
slots, actual enrollment, and average daily attendance for
institutional academic and vocational education and substance abuse
programs.
(10) Average population of mentally ill offenders classified by
Correctional Clinical Case Management System or Enhanced Outpatient
Program status, as well as information about mentally ill offenders
in more acute levels of care.
(c) No later than January 10 of each year, the Department of
Corrections and Rehabilitation shall provide to the Joint Legislative
Budget Committee a supplemental report containing operational and
fiscal information in addition to data provided in subdivision (b).
To the extent possible and relevant, the department shall seek to
keep the categories of information provided the same each year so as
to provide consistency. This report shall contain information for the
three most recently ended fiscal years, and shall include, but is
not limited to, data on the operational level and outcomes associated
with the following categories:
(1) Adult prison security operations, including use of
disciplinary measures and special housing assignments such as
placements in administrative segregation, Security Housing Units, and
sensitive needs yards, identifying these placements by offender
categories such as security level and mental health classification.
(2) Adult prison education and treatment programs, including
academic education, vocational training, prison industries, substance
abuse treatment, and *** offender treatment.
(3) Adult prison health care operations, including medical,
mental, and dental health.
(4) Adult parole operations, including number of discharges from
parole supervision and provision of various treatment and sanction
programs.
(5) Board of Parole Hearings, including the total number of parole
suitability hearings scheduled for inmates serving life sentences
each year, the number of parole suitability hearings postponed each
year and the reasons for postponement, and the backlog of parole
suitability hearings.
(5.1) Board of Parole Hearings, including the total number of
adult parole revocation cases with probable cause hearings scheduled
each year, the percent of parole revocation cases with probable cause
hearings held within 10 business days, as well as the percent of
adult parole revocation cases completed within 35 calendar days.
(6) Juvenile institution security operations, including use of
disciplinary measures and special housing assignments such as special
management programs, as well as the impact of time that adds or cuts
the length of confinement.
(7) Juvenile institutional education and treatment programs,
including academic education, vocational training, substance abuse
treatment, and *** offender treatment.
(8) Juvenile institutional health care operations, including
medical, mental, and dental health.
(9) Juvenile parole operations, including the number of juvenile
parolees returned to state institutions and provision of various
treatment and sanction programs.
(9.1) Juvenile Parole Board, including juvenile parole revocation
hearings.
(d) To the extent any of the information in subdivision (b) or (c)
falls under the purview of the federally appointed receiver over
medical care services, the Department of Corrections and
Rehabilitation shall, to the best of its ability, coordinate with the
receiver in obtaining this information.
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