text:
(a) The Department of Corrections and Rehabilitation, under the oversight of the Undersecretary of Health Care Services, shall establish a three-year pilot program at one or more institutions that will provide a medically assisted substance use disorder treatment model for treatment of inmates with a history of substance use problems. The program shall offer a continuum of evidenced-based care that is designed to meet the needs of the persons being served and that is appropriate for a correctional setting. In establishing the program, the department shall consider all of the following:

(1) Access to services during an inmate’s enrollment in the pilot program.

(2) Access to subacute detoxification and medical detoxification, as necessary.

(3) Comprehensive pretreatment and posttreatment assessments.

(4) Ongoing evaluation of an inmate’s program needs and progress at least every 90 days, and appropriate adjustment of treatment based on that evaluation.

(5) Services provided by professionals for whom substance use disorder treatment is within the scope of their practice.

(6) Referrals for medically assisted care and prescription of medication-assisted treatment.

(7) Provision of behavioral health services, including the capacity to treat cooccurring mental illness.

(8) Access to medication-assisted treatment throughout the period of incarceration up to and including immediately prior to release.

(9) Linkages to community-based treatment upon parole.

(b) (1) The department shall report to the fiscal and appropriate policy committees of the Legislature on March 1, 2017, and each March 1 thereafter during the tenure of the pilot project. The report shall include all of the following elements:

(A) The planned inmate capacity of the program.

(B) The number of persons enrolled in the program.

(C) The number of persons who leave the treatment program against medical advice and the number of persons who are discharged from the program prior to achieving their treatment goals.

(D) The percentage of participants with negative urine toxicology screens for illicit substances during treatment and posttreatment while incarcerated.

(E) The number of persons who are successfully linked to postrelease treatment.

(2) (A) The requirement for submitting a report imposed under this subdivision is inoperative on March 1, 2025, pursuant to Section 10231.5 of the Government Code.

(B) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

history: (History: Added by Stats. 2016, Ch. 33, Sec. 18. (SB 843) Effective June 27, 2016.)

article: 5. Substance Abuse Treatment


kind: section

code: PEN

citation: PEN § 2695

text: The Department of Corrections and Rehabilitation shall develop guidance policies relative to the release of veterans who are inmates. The policies shall be developed with the intent to assist veterans who are inmates in pursuing claims for federal veterans’ benefits, or in establishing rights to any other privilege, preference, care, or compensation provided under federal or state law because of honorable service in the military. In developing the policies, the department may coordinate with the Department of Veterans Affairs and the county veterans service officer or veterans service organizations.

history: (History: Added by Stats. 2012, Ch. 407, Sec. 2. (AB 2490) Effective January 1, 2013.)

chapter: 4. Treatment of Prisoners

article: 6. Veterans In State Prisons

path: 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS > 4. Treatment of Prisoners > 6. Veterans In State Prisons


text: At each facility that is under the jurisdiction of the Department of Corrections and Rehabilitation, a veterans service organization may volunteer to serve as a veterans service advocate.

history: (History: Added by Stats. 2014, Ch. 652, Sec. 2. (AB 2263) Effective January 1, 2015.)

title: 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS

article: 6. Veterans In State Prisons


text:
(a) The advocate shall be authorized to develop a veterans economic recidivism prevention plan for each inmate who is a veteran during the 180-day period preceding the inmate’s release date.

(b) The veterans economic recidivism prevention plan for each inmate who is a veteran shall include, but not be limited to, the following:

(1) Facilitating access of the inmate to county veterans service officers, California Department of Veterans Affairs and United States Department of Veterans Affairs officers and personnel, so that the inmate may pursue claims for federal veterans’ benefits or any other privilege, preference, care, or compensation provided under federal or state law because of the inmate’s service in the military.

(2) Developing a plan for how the inmate will access earned veterans’ benefits that he or she may be eligible for upon the inmate’s release.

(c) In order to assist with the development and execution of the veterans economic recidivism prevention plan, the Department of Corrections and Rehabilitation shall do both of the following:

(1) (A) Facilitate access by the advocate to each inmate who is a veteran.

(B) Access by the advocate is subject to those department screening and clearance guidelines and training requirements that are imposed on other visitors and volunteers.

(C) Access by the advocate shall be allowed to the extent it does not pose a threat to the security or safety of the facility, or to inmates and staff.

(2) Provide the advocate with access to existing resources, including, but not limited to, computer and Internet access, that would assist the advocate in implementing the veterans economic recidivism prevention plan, to the extent it does not pose a threat to the security or safety of the facility, or to inmates and staff.

(d) A copy of the veterans economic recidivism prevention plan shall be provided to the inmate prior to the inmate’s release.

history: (History: Added by Stats. 2014, Ch. 652, Sec. 3. (AB 2263) Effective January 1, 2015.)

article: 6. Veterans In State Prisons


text: The advocate shall coordinate with the United States Department of Veterans Affairs in order to provide each inmate who is a veteran with access to earned veterans’ benefits.

history: (History: Added by Stats. 2014, Ch. 652, Sec. 4. (AB 2263) Effective January 1, 2015.)

article: 6. Veterans In State Prisons


text: The advocate shall coordinate with the California Department of Veterans Affairs and the county veterans service officer in the county in which the facility is located for advice, assistance, and training, and to evaluate the effectiveness of the veterans economic recidivism prevention plan.

history: (History: Added by Stats. 2014, Ch. 652, Sec. 5. (AB 2263) Effective January 1, 2015.)

article: 6. Veterans In State Prisons


text:
For purposes of this article, the following definitions shall apply:

(a) “Advocate” means a veterans service organization that is federally certified and has volunteered to serve as a veterans service advocate pursuant to this article.

(b) “Veteran” means a person who has been discharged from the United States Army, United States Navy, United States Air Force, United States Marine Corps, United States Coast Guard, United States Space Force, the National Guard of any state, or the Merchant Marine.

history: (History: Amended by Stats. 2022, Ch. 379, Sec. 18. (AB 1715) Effective January 1, 2023.)

article: 6. Veterans In State Prisons


citation: PEN § 2700

text:
(a) The Department of Corrections and Rehabilitation shall require of every able-bodied prisoner imprisoned in any state prison as many hours of faithful labor in each day and every day during the prisoner’s term of imprisonment as shall be prescribed by the rules and regulations of the Secretary of the Department of Corrections and Rehabilitation.

(b) When any statute requires a price to be fixed for any services to be performed in connection with the work program of the Department of Corrections and Rehabilitation, the compensation paid to prisoners shall be included as an item of cost in fixing the final statutory price.

(c) Prisoners not engaged on work programs under the jurisdiction of the California Correctional Training and Rehabilitation Authority, but who are engaged in productive labor outside of such programs may be compensated in like manner. The compensation of the prisoners shall be paid either out of funds appropriated by the Legislature for that purpose or out of such other funds available to the Department of Corrections and Rehabilitation for expenditure, as the Director of Finance may direct.

(d) When a prisoner escapes, the secretary shall determine what portion of the prisoner’s earnings shall be forfeited and the forfeiture shall be deposited in the State Treasury in a fund known as the Inmate Welfare Fund of the Department of Corrections and Rehabilitation.

history: (History: Amended by Stats. 2025, Ch. 241, Sec. 32. (SB 857) Effective January 1, 2026.)

chapter: 5. Employment of Prisoners

article: 1. Employment of Prisoners Generally

path: 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS > 5. Employment of Prisoners > 1. Employment of Prisoners Generally


text:
Section 2700 applies to inmates sentenced to death, except as otherwise provided in this section.

Every person found guilty of murder, sentenced to death, and held by the Department of Corrections and Rehabilitation pursuant to Sections 3600 to 3602 shall be required to work as many hours of faithful labor each day he or she is so held as shall be prescribed the rules and regulations of the department.

Physical education and physical fitness programs shall not qualify as work for purposes of this section. The Department of Corrections and Rehabilitation may revoke the privileges of any condemned inmate who refuses to work as required by this section.

In any case where the condemned inmate owes a restitution fine or restitution order, the Secretary of the Department of Corrections and Rehabilitation shall deduct 70 percent or the balance owing, whichever is less, from the condemned inmate’s wages and trust account deposits, regardless of the source of the income, and shall transfer those funds to the California Victim Compensation and Government Claims Board according to the rules and regulations of the Department of Corrections and Rehabilitation, pursuant to Sections 2085.5 and 2717.8.

history: (History: Added November 8, 2016, by initiative Proposition 66, Sec. 8.)

article: 1. Employment of Prisoners Generally


citation: PEN § 2701

text:
(a) The Department of Corrections and Rehabilitation is hereby authorized and empowered to cause the prisoners in the state prisons of this state to be employed in the rendering of services as are now, or may hereafter be, needed by the state, or any political subdivision thereof, or that may be needed for any state, county, district, municipal, school, or other public use, or that may be needed by any public institution of the state or of any political subdivision thereof, or that may be needed for use by the federal government, or any department, agency, or corporation thereof, or that may be needed for use by the government of any other state, or any department, agency, or corporation thereof, except for services provided by enterprises under the jurisdiction of the California Correctional Training and Rehabilitation Authority. The Department of Corrections and Rehabilitation may enter into contracts for the purposes of this article.

(b) The Department of Corrections and Rehabilitation may cause prisoners in the prisons of this state to be employed in the rendering of emergency services for the preservation of life or property within the state, whether that property is owned by public entities or private citizens, when a county level state of emergency has been declared due to a natural disaster and the local governing board has requested the assistance of the Department of Corrections and Rehabilitation.

history: (History: Amended by Stats. 2025, Ch. 241, Sec. 33. (SB 857) Effective January 1, 2026.)

article: 1. Employment of Prisoners Generally


citation: PEN § 2702

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

history: (History: Added by Stats. 1989, Ch. 1357, Sec. 5.)

article: 1. Employment of Prisoners Generally


citation: PEN § 2706

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

history: (History: Amended by Stats. 1982, Ch. 1549, Sec. 10.)

article: 1. Employment of Prisoners Generally


citation: PEN § 2707

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

history: (History: Amended by Stats. 1957, Ch. 2256.)

article: 1. Employment of Prisoners Generally


citation: PEN § 2708

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

history: (History: Added by Stats. 1941, Ch. 106.)

article: 1. Employment of Prisoners Generally


citation: PEN § 2710

text:
(a) (1) An incarcerated person imprisoned in a state prison shall be allowed relief from prison employment after the death of an immediate family member of the incarcerated person.

(2) If the incarcerated person is enrolled in an educational program instead of, or in addition to, being employed, the incarcerated person shall additionally be allowed relief from the educational program.

(3) The incarcerated person shall request relief from the warden or their designee.

(4) The incarcerated person shall provide substantiation to support the request.

(5) Upon receiving the request and substantiation, the warden shall approve or deny the relief as soon as practicable.

(b) The incarcerated person shall be paid their regular compensation for the hours and days the individual is scheduled to work during the period of relief.

(c) The relief shall not exceed three days for any one occurrence.

(d) To the extent resources are available, the incarcerated person shall have access to a mental health professional during their period of relief.

(e) (1) The warden or other administrator of the facility shall grant the relief from employment pursuant to this section unless the incarcerated person is employed in a position requiring emergency response, including, but not limited to, a firefighter, and there is an exigent circumstance requiring their employment during the period requested by the incarcerated person.

(2) If the warden or other administrator of the facility denies the relief pursuant to paragraph (1), the relief shall be granted as soon as practicable after the exigent circumstance has ended.

(f) A warden or other administrator of the facility shall not discipline, punish, refuse to hire, discharge, demote, fine, suspend, expel, or discriminate against an individual as a result of either of the following:

(1) An individual’s exercise of the right to relief from employment pursuant to subdivision (a).

(2) An individual’s request for relief from employment or provision of substantiation to support the request pursuant to subdivision (a).

(g) (1) This section does not authorize an incarcerated person to leave the prison facility.

(2) This section does not authorize the prison to deny an incarcerated person access to other regularly scheduled activities, including, but not limited to, recreation, meals, group sessions, or counseling.

(h) For the purposes of this section, “immediate family member” has the same meaning as defined in Section 3000 of Title 15 of the California Code of Regulations.

history: (History: Added by Stats. 2024, Ch. 727, Sec. 1. (AB 2624) Effective January 1, 2025.)

article: 1. Employment of Prisoners Generally


citation: PEN § 2713

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

history: (History: Added by Stats. 1963, Ch. 1200.)

article: 1. Employment of Prisoners Generally


text:
In addition to any other payment to which he is entitled by law, each prisoner upon his release shall be paid the sum of two hundred dollars ($200), from such appropriations that may be made available for the purposes of this section.

The department may prescribe rules and regulations (a) to limit or eliminate any payments provided for in this section to prisoners who have not served for at least six consecutive months prior to their release in instances where the department determines that such a payment is not necessary for rehabilitation of the prisoner, (b) to establish procedures for the payment of the sum of two hundred dollars ($200) within the first 60 days of a prisoner’s release, and (c) to eliminate any payment provided for in this section to a parolee who upon release has not been paid the entire amount prescribed by this section and who willfully absconds after release on parole, but before any remaining balance of the two hundred dollar ($200) release funds has been paid.

The provisions of this section shall not be applicable if a prisoner is released to the custody of another state or to the custody of the federal government.

history: (History: Amended by Stats. 1982, Ch. 1406, Sec. 1.)

article: 1. Employment of Prisoners Generally


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

history: (History: Added by Stats. 2007, Ch. 7, Sec. 9. Effective May 3, 2007.)

article: 1. Employment of Prisoners Generally


citation: PEN § 2714

text: In addition to the credits received pursuant to subdivision (b) of Section 2933.3, incarcerated individual hand crew members shall be paid an hourly wage equal to seven dollars and twenty-five cents ($7.25) while assigned to an active fire incident. The wage rate shall be reviewed annually.

history: (History: Added by Stats. 2025, Ch. 681, Sec. 1. (AB 247) Effective October 13, 2025.)

article: 1. Employment of Prisoners Generally


citation: PEN § 2715

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

article: 1. Employment of Prisoners Generally


citation: PEN § 2716

text:
(a) The Director of Corrections may enter into agreements with other state agencies for the use of inmates confined in the state prisons to perform work necessary and proper to be done by them in facilities of such state agencies for the purpose of vocational training and the improvement of job skills preparatory to release.

(b) The director shall determine which prisoners shall be eligible for such assignment and training.

(c) Suitable facilities for the housing, care, and feeding of the inmates may be provided by the agency for whom the work is performed at the location of such agency.

(d) The director shall have full jurisdiction over the discipline and control of the inmates assigned.

(e) The provisions of Title 5 (commencing with Section 4500) of Part 3 shall apply to all persons on such assignment.

history: (History: Amended by Stats. 1982, Ch. 1549, Sec. 16.)

article: 1. Employment of Prisoners Generally


text:
(a) There is hereby established the Prerelease Construction Trades Certificate Program, hereinafter referred to in this section as “the program,” in the Department of Corrections and Rehabilitation, hereinafter referred to in this section as the “department,” to increase employment opportunities in the construction trades for inmates upon release.

(b) The department shall establish a joint advisory committee for the purpose of implementation of the program. The committee shall be composed of representatives from building and construction trades employee organizations, the State Building and Construction Trades Council of California, joint apprenticeship training programs, the California Correctional Training and Rehabilitation Authority, the Division of Apprenticeship Standards, the Labor and Workforce Development Agency, and any other representatives the department determines appropriate. The responsibilities of the committee shall include, but are not be limited to, the following:

(1) Develop guidelines for the participation of inmates in preapprenticeship training programs, as described in subdivision (e) of Section 14230 of the Unemployment Insurance Code. The guidelines shall provide for the integration, for all inmate preapprenticeship training programs in the building and construction trades, of the multicraft core curriculum implemented by the State Department of Education for its California Partnership Academies pilot project and by the California Workforce Development Board and local boards.

(2) Develop and implement a prerelease construction trades certification that validates that an inmate completed instruction, skills, and competencies required by and recognized by the participating building and construction trades.

(3) Ensure compliance with any applicable requirements and regulations of the Division of Apprenticeship Standards.

(4) Evaluate prerelease on-the-job training opportunities to compare and match competencies with those of registered apprentices in the building and construction trades.

(5) Explore the feasibility of the electronic tracking of each participating inmate’s relevant activities to efficiently capture competencies related to the certification.

(6) Explore the prerelease awarding of formal credit for apprenticeship hours recognized by joint apprenticeship training programs and the Division of Apprenticeship Standards.

(7) Facilitate the admission of graduates of inmate preapprenticeship programs, after release, into state-approved apprenticeship programs and for apprenticeship programs to evaluate such individuals for admission with advanced standing based on prior coursework and work experience.

history: (History: Amended by Stats. 2025, Ch. 241, Sec. 34. (SB 857) Effective January 1, 2026.)

article: 1. Employment of Prisoners Generally


citation: PEN § 2717

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

history: (History: Added by Stats. 2000, Ch. 525, Sec. 1. Effective January 1, 2001.)

article: 1. Employment of Prisoners Generally


text:
Definitions.

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

(b) Joint venture employer means any public entity, nonprofit or for profit entity, organization, or business which contracts with the Director of Corrections for the purpose of employing inmate labor.

history: (History: Added November 6, 1990, by initiative Proposition 139.)

article: 1.5. Joint Venture Program

path: 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS > 5. Employment of Prisoners > 1.5. Joint Venture Program


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

article: 1.5. Joint Venture Program


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

article: 1.5. Joint Venture Program


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

(b) The board shall advise the Director of Corrections of policies that further the purposes of the Prison Inmate Labor Initiative of 1990 to be considered in the implementation of joint venture programs.

history: (History: Amended by Stats. 2001, Ch. 854, Sec. 48. Effective January 1, 2002. Note: This section was added on Nov. 6, 1990, by initiative Prop. 139.)

article: 1.5. Joint Venture Program


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

article: 1.5. Joint Venture Program


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

(b) Total daily hours worked by inmates employed in the same job classification as non-inmate employees of the same joint venture employer who are on strike, as defined in Section 1132.6 of the Labor Code, as it reads on January 1, 1990, or who are subject to lockout, as defined in Section 1132.8 of the Labor Code, as it reads on January 1, 1990, shall not exceed, for the duration of the strike, the average daily hours worked for the preceding six months, or if the program has been in operation for less than six months, the average for the period of operation.

(c) The determination that a condition described in paragraph (b) above shall be made by the Director after notification by the union representing the workers on strike or subject to lockout. The limitation on work hours shall take effect 48 hours after receipt by the Director of written notice of the condition by the union.

article: 1.5. Joint Venture Program


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

article: 1.5. Joint Venture Program


text:
The compensation of prisoners engaged in programs pursuant to contract between the Department of Corrections and joint venture employers for the purpose of conducting programs which use inmate labor shall be comparable to wages paid by the joint venture employer to non-inmate employees performing similar work for that employer. If the joint venture employer does not employ such non-inmate employees in similar work, compensation shall be comparable to wages paid for work of a similar nature in the locality in which the work is to be performed. Such wages shall be subject to deductions, as determined by the Director of Corrections, which shall not, in the aggregate, exceed 80 percent of gross wages and shall be limited to the following:

(1) Federal, state, and local taxes.

(2) Reasonable charges for room and board, which shall be remitted to the Director of Corrections.

(3) Any lawful restitution fine or contributions to any fund established by law to compensate the victims of crime of not more than 20 percent, but not less than 5 percent, of gross wages, which shall be remitted to the Director of Corrections for disbursement.

(4) Allocations for support of family pursuant to state statute, court order, or agreement by the prisoner.

article: 1.5. Joint Venture Program


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

history: (History: Added by Stats. 1995, Ch. 440, Sec. 1. Approved in Proposition 194 at the March 26, 1996, election.)

article: 1.5. Joint Venture Program


citation: PEN § 2760

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

history: (History: Amended by Stats. 1982, Ch. 1549, Sec. 19.)

article: 4. Employment at Road Camps

path: 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS > 5. Employment of Prisoners > 4. Employment at Road Camps


text: “Department,” as used in this article, means the Department of Transportation.

history: (History: Added by Stats. 1982, Ch. 681, Sec. 29.)

article: 4. Employment at Road Camps


citation: PEN § 2761

text:
The Director of Corrections shall determine which prisoners shall be eligible for employment by the Department of Transportation in the improvement and maintenance of state highways, and shall establish lists of prisoners eligible for such employment. Upon the requisition of said department, the Director of Corrections shall send to the place and at the time designated the number of prisoners requisitioned or such number thereof as have been determined to be eligible for such employment and are available.

The director may return to prison any prisoner transferred to camp pursuant to this section, when the need for such prisoner’s labor has ceased or when the prisoner is guilty of any violation of the rules and regulations of the prison or camp.

history: (History: Amended by Stats. 1982, Ch. 1549, Sec. 20.)

article: 4. Employment at Road Camps


citation: PEN § 2762

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

history: (History: Amended by Stats. 2004, Ch. 798, Sec. 3. Effective January 1, 2005. Operative July 1, 2005, by Sec. 9 of Ch. 798.)

article: 4. Employment at Road Camps


citation: PEN § 2765

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

history: (History: Amended by Stats. 1953, Ch. 1666.)

article: 4. Employment at Road Camps


citation: PEN § 2766

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

history: (History: Amended by Stats. 1976, Ch. 1347.)

article: 4. Employment at Road Camps


citation: PEN § 2767

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

history: (History: Amended by Stats. 1947, Ch. 1380.)

article: 4. Employment at Road Camps


citation: PEN § 2768

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

history: (History: Added by Stats. 1941, Ch. 106.)

article: 4. Employment at Road Camps


citation: PEN § 2770

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

history: (History: Amended by Stats. 1982, Ch. 1549, Sec. 24.)

article: 4. Employment at Road Camps


citation: PEN § 2771

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

article: 4. Employment at Road Camps


citation: PEN § 2772

text: Any person who, without authority, interferes with or in any way interrupts the work of any prisoners employed pursuant to this article, and any person not authorized by law, who gives or attempts to give to any prisoner so employed any controlled substances or any intoxicating liquors of any kind whatever, or firearms, weapons or explosives of any kind, is guilty of a felony and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 and shall be disqualified from holding any state office or position in the employ of this state. Any person who interferes with the discipline or good conduct of any prisoner employed pursuant to this article, while that prisoner is in the confines or limits of the state prison road camp is guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for a term not more than six months, or by a fine of not more than two hundred dollars ($200), or by both that fine and imprisonment. Any peace officer or any officer or guard of any state prison or any superintendent of that road work, having in charge the prisoners employed upon such highways or state roads, may arrest without a warrant any person violating any provisions of this article.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 464. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

article: 4. Employment at Road Camps


citation: PEN § 2780

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

history: (History: Amended by Stats. 1959, Ch. 1583.)

path: 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS > 5. Employment of Prisoners > 5. Employment in Public Parks, Forests, etc.


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

history: (History: Amended by Stats. 1982, Ch. 1549, Sec. 27.)

article: 5. Employment in Public Parks, Forests, etc.


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

history: (History: Added by Stats. 1989, Ch. 419, Sec. 1.)


text:
(a) Notwithstanding paragraph (9) of subdivision (a) of Section 3370 of the Labor Code, the Department of Corrections and Rehabilitation, shall, pursuant to subdivision (b), pay a death benefit in an amount calculated pursuant to subdivision (c) for the death of any state prison incarcerated individual hand crew member assigned to the California Conservation Camp program.

(b) The death benefit shall be paid within 60 days of the death of an incarcerated individual hand crew member to the beneficiary designated by the crew member to receive the death benefit if the crew member dies during any of the following circumstances:

(1) During, and resulting from, the performance of their duties on an active deployment.

(2) During, and resulting from, the performance of their duties completing firefighter Conservation Camp training exercises.

(3) While physically or mentally incapacitated due to and resulting from their performance of their duties as described in paragraph (1) or (2).

(c) The death benefit shall be the sum of the following amounts:

(1) Fifty thousand dollars ($50,000).

(2) An amount equal to 50 percent of the annual compensation earned by the deceased crew member during the 12 months immediately preceding the death of the crew member.

history: (History: Added by Stats. 2025, Ch. 711, Sec. 1. (AB 799) Effective January 1, 2026.)


citation: PEN § 2781

text:
The Director of Corrections shall determine which prisoners shall be eligible for employment under Section 2780, and shall establish and modify lists of prisoners eligible for such employment. Upon the requisition of an agency mentioned in Section 2780, the Director of Corrections may send to the place and at the time designated the number of prisoners requisitioned or such number thereof as have been determined to be eligible for such employment and are available.

The director may return to prison any prisoner transferred to camp pursuant to this section, when the need for such prisoner’s labor has ceased or when the prisoner is guilty of any violation of the rules and regulations of the prison or camp.


citation: PEN § 2782

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

history: (History: Amended by Stats. 1957, Ch. 2256.)


citation: PEN § 2785

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


citation: PEN § 2786

text: All money received pursuant to this article in the Inmate Welfare Fund of the Department of Corrections and Rehabilitation is hereby appropriated for educational, recreational, and other purposes described in Section 5006 at the various prison camps established under this article and shall be expended by the secretary upon warrants drawn upon the State Treasury by the Controller after approval of the claims by the Department of General Services. It is the intent of the Legislature that moneys in this fund only be expended on services other than those that the department is required to provide to inmates.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 249. (SB 836) Effective June 27, 2016.)


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

history: (History: Added by Stats. 2007, Ch. 737, Sec. 1. Effective January 1, 2008.)


text:
(a) (1) The Legislature finds and declares both of the following:

(A) The Youth Offender Program Camp Pilot Program was launched by the Department of Corrections and Rehabilitation in August 2023 at Growlersburg Conservation Camp #33 in Georgetown as a pilot program to temporarily allow incarcerated youth between 18 and 25 years of age, who have a Level III classification score or a Violent Administrative Determinant, the ability to participate in the conservation camp program on a case-by-case basis.

(B) The pilot program showed great promise, and the department expanded the pilot program to Pine Grove Youth Conservation Camp #12 in August 2024.

(2) It is the intent of the Legislature to make the Youth Offender Program Camp Pilot Program within the Department of Corrections and Rehabilitation permanent.

(b) (1) The Secretary of the Department of Corrections and Rehabilitation shall make permanent the Youth Offender Program Camp Pilot Program, and may, at the discretion of the secretary, expand the program to include some or all of California Conservation Camps.

(2) For purposes of this subdivision, “California Conservation Camps” has the same meaning as in Section 4952 of the Public Resources Code.

history: (History: Added by Stats. 2025, Ch. 718, Sec. 1. (AB 952) Effective January 1, 2026.)


citation: PEN § 2787

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


citation: PEN § 2788

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


citation: PEN § 2790

text: Any person, who, without authority, interferes with or in any way interrupts the work of any convict used pursuant to this article and any person not authorized by law, who gives or attempts to give to any state prison convict so employed any controlled substances, or any intoxicating liquors of any kind whatever, or firearms, weapons or explosives of any kind is guilty of a felony and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 and shall be disqualified from holding any state office or position in the employ of this state. Any person who interferes with the discipline or good conduct of any convict used pursuant to this article, while that convict is in such camps is guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for a term not more than six months, or by a fine of not more than four hundred dollars ($400), or by both that fine and imprisonment. Any peace officer or any officer or guard of any state prison or any superintendent of that work, having in charge the convicts used in those camps, may arrest without a warrant any person violating any provisions of this article.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 465. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)


citation: PEN § 2791

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


citation: PEN § 2792

text: Camps may be established under this article for the employment of paroled prisoners.

history: (History: Added by Stats. 1941, Ch. 363.)


citation: PEN § 2800

text: There is hereby continued in existence within the Department of Corrections and Rehabilitation the California Correctional Training and Rehabilitation Authority. As used in this article, “authority” means the California Correctional Training and Rehabilitation Authority. Any reference to the Department of Corrections shall refer to the Department of Corrections and Rehabilitation.

history: (History: Amended by Stats. 2025, Ch. 241, Sec. 35. (SB 857) Effective January 1, 2026.)

chapter: 6. Sale of Prison-Made Goods

article: 1. Prison Industry Authority

path: 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS > 6. Sale of Prison-Made Goods > 1. Prison Industry Authority


text: The Prison Industry Authority shall be known as the California Correctional Training and Rehabilitation Authority. Any reference to the Prison Industry Authority in this or any other code shall be construed to mean the California Correctional Training and Rehabilitation Authority.

history: (History: Added by Stats. 2025, Ch. 241, Sec. 36. (SB 857) Effective January 1, 2026.)

article: 1. Prison Industry Authority


citation: PEN § 2801

text:
The purposes of the authority are:

(a) To develop and operate industrial, agricultural, and service enterprises employing prisoners in institutions under the jurisdiction of the Department of Corrections and Rehabilitation, which enterprises may be located either within those institutions or elsewhere, all as may be determined by the authority.

(b) To create and maintain working conditions within the enterprises as much like those which prevail in private industry as possible, to ensure prisoners employed therein the opportunity to work productively, to earn funds, and to acquire or improve effective work habits and occupational skills.

(c) To operate a work program for prisoners that will ultimately be self-supporting by generating sufficient funds from the sale of products and services to pay all the expenses of the program, and one that will provide goods and services that are or will be used by the Department of Corrections and Rehabilitation, thereby reducing the cost of its operation.

(1) This subdivision does not require immediate cash availability for funding retiree health care and pension liabilities above amounts established in the Budget Act, or as determined by the Board of Administration of the Public Employees’ Retirement System, or the Director of Finance for the fiscal year.

(2) The California Correctional Training and Rehabilitation Authority shall not establish cash reserves to support funding retiree health care and pension liabilities above the amounts specified in paragraph (1).

history: (History: Amended by Stats. 2025, Ch. 241, Sec. 37. (SB 857) Effective January 1, 2026.)

article: 1. Prison Industry Authority


citation: PEN § 2802

text:
Commencing July 1, 2005, there is hereby continued in existence within the Department of Corrections and Rehabilitation a California Correctional Training and Rehabilitation Board. The board shall consist of the following 11 members:

(a) The Secretary of the Department of Corrections and Rehabilitation, or their designee.

(b) The Director of the Department of General Services, or their designee.

(c) The Secretary of Transportation, or their designee.

(d) The Speaker of the Assembly shall appoint two members to represent the general public.

(e) The Senate Committee on Rules shall appoint two members to represent the general public.

(f) The Governor shall appoint four members. Of these, two shall be representatives of organized labor, and two shall be representatives of industry. The initial term of one of the members appointed by the Speaker of the Assembly shall be two years, and the initial term of the other shall be three years. The initial term of one of the members appointed by the Senate Committee on Rules shall be two years, and the initial term of the other shall be three years. The initial terms of the four members appointed by the Governor shall be four years. All subsequent terms of all members shall be for four years. Each member’s term shall continue until the appointment and qualification of their successor.

history: (History: Amended by Stats. 2025, Ch. 241, Sec. 38. (SB 857) Effective January 1, 2026.)

article: 1. Prison Industry Authority


citation: PEN § 2803

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

history: (History: Amended by Stats. 2005, Ch. 10, Sec. 18. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)

article: 1. Prison Industry Authority


citation: PEN § 2804

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

history: (History: Amended by Stats. 2025, Ch. 241, Sec. 39. (SB 857) Effective January 1, 2026.)

article: 1. Prison Industry Authority


citation: PEN § 2805

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

history: (History: Added by Stats. 1982, Ch. 1549, Sec. 28.)

article: 1. Prison Industry Authority


citation: PEN § 2806

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

(b) The California Correctional Training and Rehabilitation Revolving Fund is not subject to the provisions of Articles 2 (commencing with Section 13320) and 3 (commencing with Section 13335) of Chapter 3 of Part 3 of Division 3 of Title 2 of the Government Code.

(c) Any major capital outlay project undertaken by the authority pursuant to this article shall be subject to review by the Public Works Board pursuant to the provisions of Part 10.5 (commencing with Section 15752) of Division 3 of Title 2 of the Government Code.

history: (History: Amended by Stats. 2025, Ch. 241, Sec. 40. (SB 857) Effective January 1, 2026.)

article: 1. Prison Industry Authority


citation: PEN § 2807

text:
(a) The authority is hereby authorized and empowered to operate industrial, agricultural, and service enterprises which will provide products and services needed by the state, or any political subdivision thereof, or by the federal government, or any department, agency, or corporation thereof, or for any other public use. Products may be purchased by state agencies to be offered for sale to inmates of the department and to any other person under the care of the state who resides in state-operated institutional facilities. Fresh meat may be purchased by food service operations in state-owned facilities and sold for onsite consumption.

(b) All things authorized to be produced under subdivision (a) shall be purchased by the state, or any agency thereof, and may be purchased by any county, city, district, or political subdivision, or any agency thereof, or by any state agency to offer for sale to persons residing in state-operated institutions, at the prices fixed by the authority. State agencies shall make maximum utilization of these products, and shall consult with the staff of the authority to develop new products and adapt existing products to meet their needs.

(c) All products and services provided by the authority may be offered for sale to a nonprofit organization, provided that all of the following conditions are met:

(1) The nonprofit organization is located in California and is exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code.

(2) The nonprofit organization has entered into a memorandum of understanding with a local educational agency. As used in this section, “local educational agency” means a school district, county office of education, state special school, or charter school.

(3) The products and services are provided to public school students at no cost to the students or their families.

(d) Notwithstanding subdivision (b), the Department of Forestry and Fire Protection may purchase personal protective equipment from the authority or private entities, based on the Department of Forestry and Fire Protection’s needs and assessment of quality and value.

history: (History: Amended by Stats. 2022, Ch. 28, Sec. 127. (SB 1380) Effective January 1, 2023.)

article: 1. Prison Industry Authority


citation: PEN § 2808

text:
The board, in the exercise of its duties, shall have all of the powers and do all of the things that the board of directors of a private corporation would do, except as specifically limited in this article, including, but not limited to, all of the following:

(a) To enter into contracts and leases, execute leases, pledge the equipment, inventory, and supplies under the control of the authority and the anticipated future receipts of any enterprise under the jurisdiction of the authority as collateral for loans, and execute other necessary instruments and documents.

(b) To ensure that all funds received by the authority are kept in commercial accounts according to standard accounting practices.

(c) To arrange for an independent annual audit.

(d) To review and approve the annual budget for the authority, in order to ensure that the solvency of the California Correctional Training and Rehabilitation Revolving Fund is maintained.

(1) This subdivision does not require immediate cash availability for funding retiree health care and pension liabilities above amounts established in the Budget Act, or as determined by the Board of Administration of the Public Employees’ Retirement System, or the Director of Finance for the fiscal year.

(2) The California Correctional Training and Rehabilitation Authority shall not establish cash reserves to support funding retiree health care and pension liabilities above the amounts specified in paragraph (1).

(e) To contract to employ a director to serve as the chief administrative officer of the authority. The director shall serve at the pleasure of the chairperson. The director shall have wide and successful experience with a productive enterprise, and have a demonstrated appreciation of the problems associated with prison management.

(f) To apply for and administer grants and contracts of all kinds.

(g) To establish, notwithstanding any other law, procedures governing the purchase of raw materials, component parts, and any other goods and services that may be needed by the authority or in the operation of any enterprise under its jurisdiction. Those procedures shall contain provisions for appeal to the board from any action taken in connection with them.

(h) To establish, expand, diminish, or discontinue industrial, agricultural, and service enterprises under the authority’s jurisdiction to enable it to operate as a self-supporting enterprise, to provide as much employment for inmates as is feasible, and to provide diversified work activities to minimize the impact on existing private industry in the state.

(i) To hold public hearings pursuant to subdivision (h) to provide an opportunity for persons or organizations who may be affected to appear and present testimony concerning the plans and activities of the authority. The authority shall ensure adequate public notice of those hearings. A new industrial, agricultural, or service enterprise that involves a gross annual production of more than fifty thousand dollars ($50,000) shall not be established unless and until a hearing concerning the enterprise has been held by a committee of persons designated by the board including at least two board members. The board shall take into consideration the effect of a proposed enterprise on California industry and shall not approve the establishment of the enterprise if the board determines it would have a comprehensive and substantial adverse impact on California industry that cannot be mitigated.

(j) To periodically determine the prices at which activities, supplies, and services shall be sold.

(k) To report to the Legislature in writing, on or before February 1 of each year, regarding:

(1) The financial activity and condition of each enterprise under its jurisdiction.

(2) The plans of the board regarding any significant changes in existing operations.

(3) The plans of the board regarding the development of new enterprises.

(4) A breakdown, by institution, of the number of prisoners at each institution, working in enterprises under the jurisdiction of the authority, said number to indicate the number of prisoners who are not working full time.

history: (History: Amended by Stats. 2025, Ch. 241, Sec. 41. (SB 857) Effective January 1, 2026.)

article: 1. Prison Industry Authority


citation: PEN § 2809

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

history: (History: Amended by Stats. 2005, Ch. 10, Sec. 23. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)

article: 1. Prison Industry Authority


citation: PEN § 2810

text:
Commencing July 1, 2005, the general manager, with the approval of the Department of Finance, may authorize the borrowing of money by the authority for purposes of any of the following:

(a) Operating the business affairs of the authority.

(b) Purchasing new equipment, materials and supplies.

(c) Constructing new facilities, or repairing, remodeling, or demolishing old facilities.

Funds may be borrowed from private sources, upon those terms that the Department of Finance deems appropriate, including but not limited to, the use of equipment under the jurisdiction of the authority, and of the future income of an enterprise under the jurisdiction of the authority, as collateral to secure any loan.

history: (History: Amended by Stats. 2005, Ch. 10, Sec. 24. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)

article: 1. Prison Industry Authority


text:
Notwithstanding any other law, commencing July 1, 2005, the Pooled Money Investment Board, or its successor, may grant loans to the authority when money is appropriated for that purpose by the Legislature, upon application by the Secretary of the Department of Corrections and Rehabilitation, in order to finance the establishment of a new industrial, agricultural, or service enterprise. All loans shall bear the same interest rate as the pooled money market investment rate and shall have a maximum repayment period of 20 years from the date of approval of the loan.

Prior to making its decision to grant a loan, the Pooled Money Investment Board, or its successor, shall require the authority to demonstrate all of the following:

(a) The proposed industry project cannot be feasibly financed from private sources under Section 2810. The authority shall present proposed loan conditions from at least two private sources.

(b) The proposed industry project cannot feasibly be financed from proceeds from other California Correctional Training and Rehabilitation Authority enterprises.

(c) The proceeds from the proposed project provide for a reasonable payback schedule to the General Fund.

history: (History: Amended by Stats. 2025, Ch. 241, Sec. 42. (SB 857) Effective January 1, 2026.)

article: 1. Prison Industry Authority


citation: PEN § 2811

text:
(a) Commencing July 1, 2005, the director shall adopt and maintain a compensation schedule for inmate employees. That compensation schedule shall be based on quantity and quality of work performed and shall be required for its performance, but in no event shall that compensation exceed one-half the minimum wage provided in Section 1182 of the Labor Code, except as otherwise provided in this code. This compensation shall be credited to the account of the inmate.

(b) Inmate compensation shall be paid from the California Correctional Training and Rehabilitation Revolving Fund.

history: (History: Amended by Stats. 2025, Ch. 241, Sec. 43. (SB 857) Effective January 1, 2026.)

article: 1. Prison Industry Authority


citation: PEN § 2812

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

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

article: 1. Prison Industry Authority


citation: PEN § 2813

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

article: 1. Prison Industry Authority


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

history: (History: Amended by Stats. 1991, Ch. 1157, Sec. 1.)

article: 1. Prison Industry Authority


citation: PEN § 2814

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

history: (History: Added by Stats. 1983, Ch. 1150, Sec. 3.)

article: 1. Prison Industry Authority


citation: PEN § 2815

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

history: (History: Amended by Stats. 2005, Ch. 10, Sec. 27. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)

article: 1. Prison Industry Authority


citation: PEN § 2816

text:
(a) With the approval of the Department of Finance, there shall be transferred to, or deposited in, the California Correctional Training and Rehabilitation Revolving Fund for purposes authorized by this section, money appropriated from any source including sources other than state appropriations.

(b) Notwithstanding subdivision (i) of Section 2808, the Secretary of the Department of Corrections and Rehabilitation may order any authorized public works project involving the construction, renovation, or repair of prison facilities to be performed by inmate labor or juvenile justice facilities to be performed by ward labor, when the total expenditure does not exceed the project limit established by the first paragraph of Section 10108 of the Public Contract Code. Projects entailing expenditure of greater than the project limit established by the first paragraph of Section 10108 of the Public Contract Code shall be reviewed and approved by the chairperson, in consultation with the board.

(c) Money so transferred or deposited shall be available for expenditure by the department for the purposes for which appropriated, contributed, or made available, without regard to fiscal years and irrespective of the provisions of Sections 13340 and 16304 of the Government Code. Money transferred or deposited pursuant to this section shall be used only for purposes authorized in this section.

history: (History: Amended by Stats. 2025, Ch. 241, Sec. 44. (SB 857) Effective January 1, 2026.)

article: 1. Prison Industry Authority


citation: PEN § 2817

text: The Inmate and Ward Construction Revolving Account is hereby created in the California Correctional Training and Rehabilitation Revolving Fund, established in Section 2806, to receive funds transferred or deposited for the purposes described in Section 2816.

history: (History: Amended by Stats. 2025, Ch. 241, Sec. 45. (SB 857) Effective January 1, 2026.)

article: 1. Prison Industry Authority


citation: PEN § 2818

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

history: (History: Amended by Stats. 2025, Ch. 241, Sec. 46. (SB 857) Effective January 1, 2026.)

article: 1. Prison Industry Authority


citation: PEN § 2880

text: To the extent and insofar as the same may be permitted under the provisions of the Constitution of the United States and the acts of Congress, all goods, wares, and merchandise manufactured, produced, or mined wholly or in part by prisoners (except prisoners on parole or probation) or manufactured, produced, or mined wholly or in part in any state prison, transported into the State of California and remaining herein for use, consumption, sale, or storage, shall upon arrival and delivery in this state be subject to the operation and effect of the laws of this state to the same extent and in the same manner as though those commodities had been manufactured, produced, or mined in this state by prisoners or in any state prison, and shall not be exempt therefrom by reason of being introduced in the original package or otherwise.

history: (History: Amended by Stats. 1987, Ch. 828, Sec. 125.)

path: 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS > 6. Sale of Prison-Made Goods > 2. Sale of Prison Goods Made Outside California


citation: PEN § 2881

text: No person, firm, partnership, association or corporation within this State shall sell or offer, trade, consign, keep, expose or display for sale any goods, wares or merchandise manufactured, assembled, produced or mined in whole or in part by prisoners in any penitentiary, prison, reformatory or other establishment in which prison labor is employed, unless such prison-made goods, wares, or merchandise are plainly, legibly, conspicuously and indelibly branded, molded, embossed, stenciled or labeled with the words “Convict-made” in plain, bold letters followed by the name of such penitentiary, prison, reformatory or other establishment in which the goods, wares or merchandise were made.

history: (History: Added by Stats. 1941, Ch. 106.)

article: 2. Sale of Prison Goods Made Outside California


citation: PEN § 2882

text: It is hereby specifically provided that any article of prison-made goods, wares or merchandise, as described in the preceding section, may be labeled by the attachment of a label not smaller than four inches long and two inches wide, upon which is printed the words “Convict-made” in plain, bold letters followed by the name of such penitentiary, prison, reformatory, or other establishment in which the goods, wares or merchandise were made; provided, that in the judgment of officials charged with the enforcement of this article such prison-made goods, wares or merchandise can not be legibly, conspicuously and indelibly branded, molded, embossed, stenciled or labeled as provided in said preceding section.


citation: PEN § 2883

text: The size and type of such stenciling or label must be consistent with the size and character of the merchandise to which such stenciling or label applies. The size, type and character of such stenciling or label will be subject to the approval of the officials of the State of California responsible for the enforcement of this article.


citation: PEN § 2884

text:
No person, firm, partnership, association or corporation within this state shall sell or offer, trade, consign, keep, expose, or display for sale any goods, wares or merchandise manufactured, assembled, produced, or mined in whole or in part by prisoners in any penitentiary, prison, reformatory, or other establishment in which prison labor is employed, unless those prison-made goods, wares, or merchandise have first been disinfected or sterilized in a plant located in California and licensed by the State Department of Health Services in accordance with any regulations of the State Department of Health Services now in force or which later may be made effective.

It is hereby further provided that certificate of that disinfection or sterilization must accompany, be stamped on or attached to those goods, wares, or merchandise in a manner or form prescribed by the officials of the State of California responsible for the enforcement of this article.

history: (History: Amended by Stats. 1987, Ch. 828, Sec. 126.)


citation: PEN § 2885

text: No person, firm, partnership, association, or corporation within this State shall sell or offer, trade, consign, keep, expose or display for sale any goods, wares or merchandise manufactured, assembled, produced or mined in whole or in part by the prisoners in any penitentiary, prison, reformatory or other establishment in which prison labor is employed, unless such person, firm, partnership, association or corporation shall keep permanently and conspicuously displayed within the same inclosure and within 10 feet of the place where said prison-made goods, wares or merchandise are kept, exposed, displayed or offered for sale a suitable sign, at least 36 inches wide and 10 inches high, on which appear in legible letters not less than two inches high the following words: “Convict-made products on sale here.”


citation: PEN § 2886

text: Any person, firm, partnership, association or corporation within this State, when advertising in any periodical or publication any goods, wares or merchandise made in whole or in part by prisoners in any penitentiary, prison, reformatory or other establishment in which prison labor is employed, must insert the words “Convict-made,” in such advertisement in type or other letters conforming in size or shape to those used in the text of said periodical or publication.


citation: PEN § 2887

text: Any person, firm, partnership, association or corporation violating the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty dollars ($50) or more than five hundred dollars ($500) for each offense, or by imprisonment in the county jail for not less than 30 days or more than six months or by both such fine and imprisonment.


citation: PEN § 2888

text: The State Superintendent of Weights and Measures or any deputy or inspector authorized by him, shall have access to any premises or any records held by any person, firm, partnership, association or corporation containing any information pertaining to the prison-made goods, wares or merchandise referred to herein.


citation: PEN § 2889

text: The enforcement of the provisions of this article shall be under the supervision of the State Superintendent of Weights and Measures.


citation: PEN § 2890

text: The provisions of this article shall not apply to any goods, wares or merchandise manufactured in any penitentiary or prison of this State.


citation: PEN § 2891

text: No person or corporation may sell, expose for sale or offer for sale any goods, wares or merchandise manufactured, produced or mined wholly or in part by prisoners (except prisoners on parole or probation) or manufactured, produced or mined wholly or in part in any State prison the sale of which is not specifically sanctioned by law; and any person or corporation violating any provision of this section is guilty of a misdemeanor.


citation: PEN § 2900

text:
(a) The term of imprisonment fixed by the judgment in a criminal action commences to run only upon the actual delivery of the defendant into the custody of the Director of Corrections at the place designated by the Director of Corrections as a place for the reception of persons convicted of felonies.

(b) Except as otherwise provided in this section, the place of reception shall be an institution under the jurisdiction of the Director of Corrections.

(1) As an emergency measure, the Director of Corrections may direct that persons convicted of felonies may be received and detained in jails or other facilities and that the judgment will commence to run upon the actual delivery of the defendant into such place and that any persons previously received and confined for conviction of a felony may be, as an emergency, temporarily housed at such place and the time during which such person is there shall be computed as a part of the term of judgment.

(2) In any case in which, pursuant to the agreement on detainers or other provision of law, a prisoner of another jurisdiction is, before completion of actual confinement in a penal or correctional institution of a jurisdiction other than the State of California, sentenced by a California court to a term of imprisonment for a violation of California law, and the judge of the California court orders that the California sentence shall run concurrently with the sentence which such person is already serving, the Director of Corrections shall designate the institution of the other jurisdiction as the place for reception of such person within the meaning of the preceding provisions of this section. He may also designate the place in California for reception of such person in the event that actual confinement under the prior sentence ends before the period of actual confinement required under the California sentence.

(3) In any case in which a person committed to the Director of Corrections is subsequently committed to a penal or correctional institution of another jurisdiction, the subsequent commitment is ordered to be served concurrently with the California commitment, the prisoner is placed in a penal or correctional institution of the other jurisdiction, and the prisoner is not received by the Director of Corrections pursuant to subdivision (a), the Director of Corrections shall designate the institution of the other jurisdiction as the place for reception and service of the California term.

(c) Except as provided in this section, all time served in an institution designated by the Director of Corrections shall be credited as service of the term of imprisonment.

(1) If a person is ordered released by a court from the custody and jurisdiction of the Director of Corrections pursuant to Section 1272 or 1506 or any other provision of law permitting the legal release of prisoners, time during which the person was released shall not be credited as service of the prison term.

(2) If a prisoner escapes from the custody and jurisdiction of the Director of Corrections, the prisoner shall be deemed an escapee and fugitive from justice, until the prisoner is available to return to the custody of the Director of Corrections or the State of California. Time during which the prisoner is an escapee shall not be credited as service of the prison term.

(d) The Department of Corrections may contract for the use of any facility of the state or political subdivision thereof to care for persons received in accordance with this section.

history: (History: Amended by Stats. 1987, Ch. 828, Sec. 127.)

article: 1. Commencement of Term

path: 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS > 7. Execution of Sentences of Imprisonment > 1. Commencement of Term


text: Where a defendant has served any portion of his sentence under a commitment based upon a judgment which judgment is subsequently declared invalid or which is modified during the term of imprisonment, such time shall be credited upon any subsequent sentence he may receive upon a new commitment for the same criminal act or acts.

history: (History: Added by Stats. 1949, Ch. 519.)

chapter: 7. Execution of Sentences of Imprisonment

article: 1. Commencement of Term


text:
(a) In all felony and misdemeanor convictions, either by plea or by verdict, when the defendant has been in custody, including, but not limited to, any time spent in a jail, camp, work furlough facility, halfway house, rehabilitation facility, hospital, prison, juvenile detention facility, or similar residential institution, all days of custody of the defendant, including days served as a condition of probation in compliance with a court order, credited to the period of confinement pursuant to Section 4019, and days served in home detention pursuant to Section 1203.016 or 1203.018, shall be credited upon his or her term of imprisonment, or credited to any base fine that may be imposed, at the rate of not less than one hundred twenty-five dollars ($125) per day, or more, in the discretion of the court imposing the sentence. If the total number of days in custody exceeds the number of days of the term of imprisonment to be imposed, the entire term of imprisonment shall be deemed to have been served. In any case where the court has imposed both a prison or jail term of imprisonment and a fine, any days to be credited to the defendant shall first be applied to the term of imprisonment imposed, and thereafter the remaining days, if any, shall be applied to the base fine. If an amount of the base fine is not satisfied by jail credits, or by community service, the penalties and assessments imposed on the base fine shall be reduced by the percentage of the base fine that was satisfied.

(b) For the purposes of this section, credit shall be given only where the custody to be credited is attributable to proceedings related to the same conduct for which the defendant has been convicted. Credit shall be given only once for a single period of custody attributable to multiple offenses for which a consecutive sentence is imposed.

(c) For the purposes of this section, “term of imprisonment” includes any period of imprisonment imposed as a condition of probation or otherwise ordered by a court in imposing or suspending the imposition of any sentence, and also includes any term of imprisonment, including any period of imprisonment prior to release on parole and any period of imprisonment and parole, prior to discharge, whether established or fixed by statute, by any court, or by any duly authorized administrative agency.

(d) It is the duty of the court imposing the sentence to determine the date or dates of any admission to, and release from, custody prior to sentencing and the total number of days to be credited pursuant to this section. The total number of days to be credited shall be contained in the abstract of judgment provided for in Section 1213.

(e) It is the duty of any agency to which a person is committed to apply the credit provided for in this section for the period between the date of sentencing and the date the person is delivered to the agency.

(f) If a defendant serves time in a camp, work furlough facility, halfway house, rehabilitation facility, hospital, juvenile detention facility, similar residential facility, or home detention program pursuant to Section 1203.016, 1203.017, or 1203.018, in lieu of imprisonment in a county jail, the time spent in these facilities or programs shall qualify as mandatory time in jail.

(g) Notwithstanding any other provision of this code as it pertains to the sentencing of convicted offenders, this section does not authorize the sentencing of convicted offenders to any of the facilities or programs mentioned herein.

history: (History: Amended by Stats. 2016, Ch. 769, Sec. 2. (AB 2839) Effective January 1, 2017.)

article: 1. Commencement of Term


citation: PEN § 2901

text: It is hereby made the duty of the wardens of the State prisons to receive persons sentenced to imprisonment in a State prison, and such persons shall be imprisoned until duly released according to law.

article: 1. Commencement of Term


citation: PEN § 2902

text: All criminals sentenced to prison by the authority of the United States or of any state or territory of the United States, may be received by the Director of Corrections and imprisoned in California state prisons in accordance with the sentence of the court by which they were tried. The prisoners so confined shall be subject in all respects to discipline and treatment as though committed under the laws of this State and the Director of Corrections is authorized to enter into contracts with the proper agencies of the United States and of other states and territories of the United States with regard to the per diem rate such agencies shall pay to the State of California for the keep of each prisoner.

history: (History: Amended by Stats. 1949, Ch. 1590.)

article: 1. Commencement of Term


citation: PEN § 2903

text:
(a) In any case in which a woman offender can be sentenced to imprisonment in the county jail, or be required to serve a term of imprisonment therein as a condition of probation, or has already been so sentenced or imprisoned, the court which tried the offender may, with the consent of the offender and on application of the sheriff or on its own motion, with the consent of the offender, commit the offender to the sheriff with directions for placement in the California Institution for Women in lieu of placement in the county jail if the court finds that the local detention facilities are inadequate for the rehabilitation of the offenders and if the court concludes that the offender will benefit from that treatment and care as is available at that institution and the county has entered into a contract with the state under subdivision (b). The offenders may be received by the Director of Corrections and imprisoned in the California Institution for Women in accordance with the commitment of the court by which tried. The prisoners so confined shall be subject in all respects to discipline, diagnosis, and treatment as though committed under the laws of this state concerning felony prisoners.

(b) The Director of Corrections may enter into contracts, with the approval of the Director of General Services, with any county in this state, upon request of the board of supervisors thereof, wherein the Department of Corrections agrees to furnish diagnosis and treatment services and detention for selected women county prisoners. The county shall reimburse the state for the cost of the services, the cost to be determined by the Director of Finance. In any contract entered into pursuant to this subdivision, the county shall agree to pay that amount which is reasonably necessary for payment of an allowance to each released or paroled prisoner for transportation to the prisoner’s county of residence or county where employment is available, and may agree to provide suitable clothing and a cash gratuity to the prisoners in the event that they are discharged from that institution because of parole or completion of the term for which they were sentenced. Each county auditor shall include in his state settlement report rendered to the Controller in the months of January and June the amounts due under any contract authorized by this section, and the county treasurer, at the time of settlement with the state in those months, shall pay to the State Treasurer upon order of the Controller, the amounts found to be due.

(c) The Department of Corrections shall accept the women county prisoners if it believes that they can be materially benefited by the confinement, care, treatment and employment and if adequate facilities to provide the care are available. None of those persons shall be transported to any facility under the jurisdiction of the Department of Corrections until the director has notified the referring court that the person may be transported to the California Institution for Women and the time at which she can be received.

(d) The sheriff of the county in which an order is made placing a woman county prisoner pursuant to this section, or any other peace officer designated by the court, shall execute the order placing the person in the institution or returning her therefrom to the court. The expenses of the peace officer incurred in executing the order is a charge upon the county in which the court is situated.

(e) The Director of Corrections may return to the committing authority any woman prisoner transferred pursuant to this section when that person is guilty of any violation of rules and regulations of the California Institution for Women or the Department of Corrections.

(f) No woman prisoner placed in the California Institution for Women pursuant to this section shall thereafter be deemed to have been guilty of a felony solely by virtue of such placement, and she shall have the same rights to parole and to time off for good behavior as she would have had if she had been confined in the county jail.

history: (History: Amended by Stats. 1981, Ch. 714, Sec. 335.)

article: 1. Commencement of Term


citation: PEN § 2905

text:
(a) For purposes of this section, a “youth offender” is an individual committed to the Department of Corrections and Rehabilitation who is under 22 years of age.

(b) (1) The department shall, at reception, automatically grant a youth offender a lower security level than the level that corresponds with that individual’s classification score or placement in a facility that permits increased access to programs, except for a youth offender who has committed a serious in-custody offense, who shall be reviewed by a classification committee. The youth offender classification committee shall consist of the staff required by department regulations at any classification committee; however, at least one member shall be a department staff member specially trained in conducting the reviews. Training shall include, but not be limited to, adolescent and young adult development and evidence-based interviewing processes employing positive and motivational techniques.

(2) The purpose of the youth offender review is to meet with the youth offender and assess the readiness of a youth offender for a lower security level or placement permitting increased access to programs and to encourage the youth offender to commit to positive change and self-improvement.

(c) A youth offender shall be considered for placement at a lower security level than the level that corresponds with their classification score or placement in a facility that permits increased access to programs. When a classification committee is appropriate, it shall review factors including, but not limited to, the following:

(1) Recent in-custody behavior while housed in juvenile or adult facilities.

(2) Demonstrated efforts of progress toward self-improvement in juvenile or adult facilities.

(3) Family or community ties supportive of rehabilitation.

(4) Evidence of commitment to working toward self-improvement with a goal of being a law-abiding member of society upon release.

(d) For a youth offender requiring review by classification committee, if the department determines, based on the review described in subdivisions (b) and (c), that the youth offender may be appropriately placed at a lower security level, the department shall transfer the youth offender to a lower security level facility. If the youth offender is denied a lower security level, then they shall be considered for placement in a facility that permits increased access to programs. If the department determines a youth offender may appropriately be placed in a facility permitting increased access to programs, the youth offender shall be transferred to such a facility.

(e) For a youth offender requiring review by classification committee, if the youth offender demonstrates they are a safety risk to inmates, staff, or the public, and do not otherwise demonstrate a commitment to rehabilitation, the youth offender shall be reclassified and placed at a security level that is consistent with department regulations and procedures.

(f) A youth offender who at their initial youth offender classification committee review is denied a lower security level than the level that corresponds with their placement score or did not qualify for a placement permitting increased access to programs due to previous incarceration history and was placed in the highest security level shall nevertheless be eligible to have their placement reconsidered pursuant to subdivisions (b) to (d), inclusive, at their annual review until reaching 25 years of age. If at an annual review it is determined that the youth offender has had no serious rule violations for one year, the department shall consider whether the youth would benefit from placement in a lower level facility or placement permitting increased access to programs.

(g) The department shall review and, as necessary, revise existing regulations and adopt new regulations regarding classification determinations made pursuant to this section, and provide for training for staff.

(h) This section shall become operative on July 1, 2015.

history: (History: Amended by Stats. 2021, Ch. 434, Sec. 13. (SB 827) Effective January 1, 2022.)

article: 1. Commencement of Term