citation: PEN § 4600

text:
(a) Every person who willfully and intentionally breaks down, pulls down, or otherwise destroys or injures any jail, prison, or any public property in any jail or prison, is punishable by a fine not exceeding ten thousand dollars ($10,000), and by imprisonment pursuant to subdivision (h) of Section 1170, except that where the damage or injury to any city, city and county, or county jail property or prison property is determined to be nine hundred fifty dollars ($950) or less, that person is guilty of a misdemeanor.

(b) In any case in which a person is convicted of violating this section, the court may order the defendant to make restitution to the public entity that owns the property damaged by the defendant. The court shall specify in the order that the public entity that owns the property damaged by the defendant shall not enforce the order until the defendant satisfies all outstanding fines, penalties, assessments, restitution fines, and restitution orders.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 495. (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.)

chapter: 4. Demolishing Prisons and Jails

path: 5. OFFENSES RELATING TO PRISONS AND PRISONERS > 4. Demolishing Prisons and Jails


kind: section

code: PEN

text: For any trial or hearing referred to in Section 4750, the sheriff of the county where such trial or hearing is had and the person in charge of the prison may agree that the county shall transport prisoners in a state prison to and from such prison. Upon such agreement, the county, and not the Department of Corrections, shall perform the transportation referred to in this section.

history: (History: Amended by Stats. 1986, Ch. 1310, Sec. 6.)

chapter: 5. Trials of Prisoners

path: 5. OFFENSES RELATING TO PRISONS AND PRISONERS > 5. Trials of Prisoners


citation: PEN § 4701

text: The jurisdiction of a criminal action for escaping from any State prison is in any county of the State.

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

title: 5. OFFENSES RELATING TO PRISONS AND PRISONERS


citation: PEN § 4702

text: Whenever any prisoner confined in a jail established and maintained by the sheriff in another county, is tried for any offense committed in such jail or for escaping or attempting to escape therefrom, the venue shall be in the county establishing and maintaining such jail and the costs shall be charged against that county.


citation: PEN § 4703

text: With the concurrence of the Attorney General, the district attorney may transfer the responsibility for the prosecution of any crime committed by prisoners in physical custody in the state prisons in the district attorney’s county. As used in this section, crimes committed while in physical custody shall include escapes and attempted escapes but shall not include any crimes committed while a prisoner has been conditionally released from state prison on work furlough, parole, or upon any other conditional release where the inmate is in constructive but not actual physical custody.

history: (History: Amended by Stats. 1982, Ch. 147, Sec. 3. Effective April 5, 1982.)


citation: PEN § 4750

text:
A city, county, or superior court shall be entitled to reimbursement for reasonable and necessary costs connected with state prisons or prisoners in connection with any of the following:

(a) Any crime committed at a state prison, whether by a prisoner, employee, or other person.

With respect to a prisoner, “crime committed at a state prison” as used in this subdivision, includes, but is not limited to, crimes committed by the prisoner while detained in local facilities as a result of a transfer pursuant to Section 2910 or 6253, or in conjunction with any hearing, proceeding, or other activity for which reimbursement is otherwise provided by this section.

(b) Any crime committed by a prisoner in furtherance of an escape. Any crime committed by an escaped prisoner within 10 days after the escape and within 100 miles of the facility from which the escape occurred shall be presumed to have been a crime committed in furtherance of an escape.

(c) Any hearing on any return of a writ of habeas corpus prosecuted by or on behalf of a prisoner.

(d) Any trial or hearing on the question of the sanity of a prisoner.

(e) Any costs not otherwise reimbursable under Section 1557 or any other related provision in connection with any extradition proceeding for any prisoner released to hold.

(f) Any costs incurred by a coroner in connection with the death of a prisoner.

(g) Any costs incurred in transporting a prisoner within the host county or as requested by the prison facility or incurred for increased security while a prisoner is outside a state prison.

(h) Any crime committed by a state inmate at a state hospital for the care, treatment, and education of the mentally disordered, as specified in Section 7200 of the Welfare and Institutions Code.

(i) Commencing January 1, 2012, any nontreatment costs described in subdivision (b) of Section 4117 of the Welfare and Institutions Code.

(j) No city, county, or other jurisdiction may file, and the state may not reimburse, a claim pursuant to this section that is presented to the Department of Corrections and Rehabilitation or to any other agency or department of the state more than six months after the close of the month in which the costs were incurred.

history: (History: Amended by Stats. 2011, Ch. 660, Sec. 1. (AB 1016) Effective January 1, 2012.)

chapter: 6. Local Expenses

path: 5. OFFENSES RELATING TO PRISONS AND PRISONERS > 6. Local Expenses


citation: PEN § 4751

text:
Costs incurred by a city or county include all of the following:

(a) Costs of law enforcement agencies in connection with any matter set forth in Section 4750, including the investigation or evaluation of any of those matters regardless of whether a crime has in fact occurred, a hearing held, or an offense prosecuted.

(b) Costs of participation in any trial or hearing of any matter set forth in Section 4750, including costs for the preparation for the trial, pretrial hearing, actual trial or hearing, expert witness fees, the costs of guarding or keeping the prisoner, the transportation of the prisoner, the costs of appeal, and the execution of the sentence. The cost of detention in a city or county correctional facility shall include the same cost factors as are utilized by the Department of Corrections in determining the cost of prisoner care in state correctional facilities.

(c) The costs of the prosecuting attorney in investigating, evaluating, or prosecuting cases related to any matter set forth in Section 4750, whether or not the prosecuting attorney decides to commence legal action.

(d) Costs incurred by the public defender or court-appointed attorney with respect to any matter set forth in Section 4750.

(e) Any costs incurred for providing training in the investigation or prosecution associated with any matter set forth in Section 4750.

(f) Any other costs reasonably incurred by a county in connection with any matter set forth in Section 4750.

history: (History: Amended by Stats. 2005, Ch. 54, Sec. 1. Effective January 1, 2006.)


text:
Costs incurred by a superior court include all of the following:

(a) Costs of any trial or hearing of any matter set forth in Section 4750, including costs for the preparation of the trial, pretrial hearing, and the actual trial or hearing.

(b) Any other costs reasonably incurred by a superior court in connection with any matter set forth in Section 4750.

history: (History: Added by Stats. 2004, Ch. 227, Sec. 85. Effective August 16, 2004.)


citation: PEN § 4752

text: As used in this chapter, reasonable and necessary costs shall be based upon all operating costs, including the cost of elected officials, except superior court judges, while serving in line functions and including all administrative costs associated with providing the necessary services and securing reimbursement therefor. Administrative costs include a proportional allowance for overhead determined in accordance with current accounting practices.

history: (History: Amended by Stats. 2004, Ch. 227, Sec. 86. Effective August 16, 2004.)


citation: PEN § 4753

text:
A city or county shall designate an officer or agency to prepare a statement of costs that shall be reimbursed under this chapter.

The statement shall be sent to the Controller for approval. The statement may not include any costs that are incurred by a superior court, as described in Section 4751.5. The Controller shall reimburse the city or county within 60 days after receipt of the statement or provide a written statement as to the reason for not making reimbursement at that time. If sufficient funds are not available, the Controller shall request the Director of Finance to include any amounts necessary to satisfy the claims in a request for a deficiency appropriation.

history: (History: Amended by Stats. 2004, Ch. 227, Sec. 87. Effective August 16, 2004.)


text: A superior court shall prepare a statement of costs that shall be reimbursed under this chapter. The state may not include any costs that are incurred by a city or county, as described in Section 4751. The statement shall be sent to the Administrative Office of the Courts for approval and reimbursement.

history: (History: Added by Stats. 2004, Ch. 227, Sec. 88. Effective August 16, 2004.)


citation: PEN § 4754

text: As used in this chapter, “prisoner” means any person committed to a state prison, including a person who has been transferred to any other facility, has escaped, or is otherwise absent, but does not include a person while on parole.

history: (History: Added by Stats. 1986, Ch. 1310, Sec. 8.)


citation: PEN § 4755

text:
Whenever a person has entered upon a term of imprisonment in a penal or correctional institution, and whenever during the continuance of the term of imprisonment there is a detainer lodged against the prisoner by a law enforcement or prosecutorial agency of the state or its subdivisions, the Department of Corrections may do either of the following:

(a) Release the inmate to the agency lodging the detainer, within five days, or five court days if the law enforcement agency lodging the detainer is more than 400 miles from the county in which the institution is located, prior to the scheduled release date provided the inmate is kept in custody until the scheduled release date.

(b) Retain the inmate in custody up to five days, or five court days if the law enforcement agency lodging the detainer is more than 400 miles from the county in which the institution is located, after the scheduled release date to facilitate pickup by the agency lodging the detainer.

If a person has been retained in custody under this subdivision in response to the issuance of a warrant of arrest charging a particular offense and the defendant is released from custody following the retention period without pickup by the agency lodging the detainer, a subsequent court order shall be issued before the arrest of that person for the same offense which was charged in the prior warrant.

As used in this section “detainer” means a warrant of arrest.

history: (History: Amended by Stats. 1987, Ch. 1303, Sec. 7. Effective September 28, 1987.)


citation: PEN § 4758

text:
(a) A county shall be entitled to reimbursement for reasonable and necessary costs incurred by the county with respect to an inmate housed and treated at a state hospital in that county pursuant to Section 2684, including, but not limited to, any trial costs related to a crime committed at the hospital by an inmate housed at the hospital.

(b) Where an inmate referred for treatment to a state hospital pursuant to Section 2684 commits a crime during transportation from prison to the hospital, or commits a crime during transportation from the hospital to the prison, a county that prosecutes the defendant shall be entitled to reimbursement for the costs of prosecution.

(c) No city, county, or other jurisdiction may file, and the state may not reimburse, a claim pursuant to this section that is presented to the Department of Corrections and Rehabilitation or to any other agency or department of the state more than six months after the close of the month in which the costs were incurred.

history: (History: Amended by Stats. 2007, Ch. 175, Sec. 11. Effective August 24, 2007.)


citation: PEN § 4800

text: The general authority to grant reprieves, pardons and commutations of sentence is conferred upon the Governor by Section 8 of Article V of the Constitution of the State of California.

history: (History: Amended by Stats. 1969, Ch. 43.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS

chapter: 1. Powers and Duties of Governor

path: 6. REPRIEVES, PARDONS AND COMMUTATIONS > 1. Powers and Duties of Governor


citation: PEN § 4801

text:
(a) The Board of Parole Hearings may report to the Governor, from time to time, the names of any and all persons imprisoned in any state prison who, in its judgment, ought to have a commutation of sentence or be pardoned and set at liberty on account of good conduct, or unusual term of sentence, or any other cause, including evidence of intimate partner battering and its effects. For purposes of this section, “intimate partner battering and its effects” may include evidence of the nature and effects of physical, emotional, or mental abuse upon the beliefs, perceptions, or behavior of victims of domestic violence if it appears the criminal behavior was the result of that victimization.

(b) (1) The board, in reviewing a prisoner’s suitability for parole pursuant to Section 3041.5, shall give great weight to any information or evidence that, at the time of the commission of the crime, the prisoner had experienced intimate partner battering, but was convicted of an offense that occurred prior to August 29, 1996. The board shall state on the record the information or evidence that it considered pursuant to this subdivision, and the reasons for the parole decision. The board shall annually report to the Legislature and the Governor on the cases the board considered pursuant to this subdivision during the previous year, including the board’s decisions and the specific and detailed findings of its investigations of these cases.

(2) The report for the Legislature to be submitted pursuant to paragraph (1) shall be submitted pursuant to Section 9795 of the Government Code.

(3) The fact that a prisoner has presented evidence of intimate partner battering cannot be used to support a finding that the prisoner lacks insight into his or her crime and its causes.

(c) When a prisoner committed his or her controlling offense, as defined in subdivision (a) of Section 3051, when he or she was 25 years of age or younger, the board, in reviewing a prisoner’s suitability for parole pursuant to Section 3041.5, shall give great weight to the diminished culpability of youth as compared to adults, the hallmark features of youth, and any subsequent growth and increased maturity of the prisoner in accordance with relevant case law.

history: (History: Amended by Stats. 2017, Ch. 684, Sec. 2.5. (SB 394) Effective January 1, 2018.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


citation: PEN § 4802

text: In the case of a person twice convicted of felony, the application for pardon or commutation of sentence shall be made directly to the Governor, who shall transmit all papers and documents relied upon in support of and in opposition to the application to the Board of Parole Hearings.

history: (History: Amended by Stats. 2011, Ch. 437, Sec. 2. (AB 648) Effective January 1, 2012.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text: The Governor shall make the application for a pardon and the application for a commutation available on the Governor’s Office Internet Web site and all applications for a direct pardon received by the Governor shall be promptly forwarded to the Board of Parole Hearings for an investigation and recommendation to the Governor. Applications supported by a certificate of rehabilitation may be granted by the Governor without investigation and recommendation by the Board of Parole Hearings in accordance with Section 4852.16.

history: (History: Added by Stats. 2018, Ch. 824, Sec. 3. (AB 2845) Effective January 1, 2019.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


citation: PEN § 4803

text: When an application is made to the Governor for pardon or commutation of sentence, or when an application has been referred to the Board of Parole Hearings, the Governor or the board may require the judge of the court before which the conviction was had, or the district attorney by whom the action was prosecuted, to furnish the Governor or the board, without delay, with a summarized statement of the facts proved on the trial, and of any other facts having reference to the propriety of granting or refusing said application, together with his or her recommendation for or against the granting of the same and his or her reason for such recommendation.

history: (History: Amended by Stats. 2011, Ch. 437, Sec. 3. (AB 648) Effective January 1, 2012.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


citation: PEN § 4804

text: At least 10 days before the Governor acts upon an application for a pardon, written notice of the intention to apply therefor, signed by the person applying, must be served upon the district attorney of the county where the conviction was had, and proof, by affidavit, of the service must be presented to the Governor.

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


citation: PEN § 4805

text:
(a) At least 10 days before the Governor acts upon an application for a commutation of sentence, written notice of the intention to apply therefor, signed by the person applying, shall be served upon the district attorney of the county where the conviction was had, and proof, by affidavit, of the service shall be presented to the Governor.

(b) The district attorney may submit a written recommendation to the Governor for or against commutation of sentence.

(c) The district attorney shall make reasonable efforts to notify the victim or victims of the crime or crimes related to the application and the victims’ families who may also submit a recommendation to the Governor for or against commutation of sentence.

history: (History: Added by Stats. 2011, Ch. 437, Sec. 4. (AB 648) Effective January 1, 2012.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


citation: PEN § 4806

text:
The provisions of Sections 4804 and 4805 are not applicable:

(a) When there is imminent danger of the death of the person convicted or imprisoned.

(b) When the term of imprisonment of the applicant is within 10 days of its expiration.

history: (History: Amended by Stats. 2011, Ch. 437, Sec. 5. (AB 648) Effective January 1, 2012.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


citation: PEN § 4807

text:
(a) At the beginning of every regular session of the Legislature, the Governor shall file a written report with the Legislature that shall include each application that was granted for each case of reprieve, pardon, or commutation by the Governor, or his or her predecessor in office, during the immediately preceding regular session of the Legislature, stating the name of the person convicted, the crime of which the person was convicted, the sentence and its date, the date of the reprieve, pardon, or commutation, and the reason for granting the same. The report shall be submitted in compliance with Section 9795 of the Government Code.

(b) Notwithstanding any other law, the written report filed with the Legislature pursuant to subdivision (a) shall be available to the public.

history: (History: Amended by Stats. 2012, Ch. 162, Sec. 133. (SB 1171) Effective January 1, 2013.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text: Every application for pardon or commutation of sentence shall be accompanied by a full statement of any compensation being paid to any person for procuring or assisting in procuring the pardon or commutation or the pardon or commutation shall be denied.

history: (History: Added by Stats. 1943, Ch. 943.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text: Every person who receives or agrees to receive any compensation or who receives any gift for procuring or assisting in procuring a pardon or commutation of sentence for any applicant must file with the Governor a full statement of the amount and character of such compensation or gift within 10 days of the receipt thereof. Any failure to file a full statement as required by this section is a misdemeanor.

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


citation: PEN § 4810

text:
(a) The Board of Parole Hearings shall succeed to and shall exercise and perform all powers and duties granted to and imposed upon the Advisory Pardon Board by law.

(b) The Advisory Pardon Board is abolished.

(c) The report required of the Board of Parole Hearings by Section 4814 may be included in the report of the department.

history: (History: Amended by Stats. 2011, Ch. 437, Sec. 7. (AB 648) Effective January 1, 2012.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


citation: PEN § 4812

text:
(a) Upon request of the Governor, the Board of Parole Hearings shall investigate and report on all applications for reprieves, pardons, and commutations of sentence and shall make such recommendations to the Governor with reference thereto as it may seem advisable. To that end, the board shall examine and consider all applications so referred and all transcripts of judicial proceedings and all affidavits or other documents submitted in connection therewith, and shall have power to employ assistants and take testimony and to examine witnesses under oath and to do any and all things necessary to make a full and complete investigation of and concerning all applications referred to it. Members of the board and its administrative officer are, and each of them is, hereby authorized to administer oaths.

(b) The board may make recommendations to the Governor at any time regarding applications for pardon or commutation, and the Governor may request investigation into candidates for pardon or commutation at any time.

(c) If a petitioner indicates in the application an urgent need for the pardon or commutation, including, but not limited to, a pending deportation order or deportation proceeding, then the board shall consider expedited review of the application.

(d) The board shall provide electronic or written notification to an applicant after the board receives the application, and when the board has issued a recommendation on the application. Nothing in this section requires the board to notify the applicant as to the reasons for the board’s recommendation, which shall remain confidential.

(e) An applicant is eligible for a pardon, commutation, or certificate of rehabilitation without regard to his or her immigration status.

history: (History: Amended by Stats. 2018, Ch. 824, Sec. 4. (AB 2845) Effective January 1, 2019.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


citation: PEN § 4813

text: In the case of applications of persons twice convicted of a felony, the Board of Parole Hearings, after investigation, shall transmit its written recommendation upon such application to the Governor, together with all papers filed in connection with the application.

history: (History: Amended by Stats. 2011, Ch. 437, Sec. 9. (AB 648) Effective January 1, 2012.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


citation: PEN § 4850

text: An application that has not received a recommendation from the Board of Parole Hearings favorable to the applicant shall not be forwarded to the Clerk/Executive Officer of the Supreme Court, unless the Governor, notwithstanding the fact that the board has failed to make a recommendation favorable to the applicant, especially refers an application to the justices for their recommendation.

history: (History: Amended by Stats. 2017, Ch. 36, Sec. 18. (AB 452) Effective January 1, 2018.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS

chapter: 3. Duties of Supreme Court

path: 6. REPRIEVES, PARDONS AND COMMUTATIONS > 3. Duties of Supreme Court


citation: PEN § 4851

text: In all cases where the Board of Parole Hearings has made a recommendation favorable to the applicant and in those cases referred by the Governor, notwithstanding an adverse recommendation, the application, together with all papers and documents relied upon in support of and in opposition to the application, including prison records and recommendation of the Board of Prison Terms, shall be forwarded to the Clerk/Executive Officer of the Supreme Court for consideration of the justices.

history: (History: Amended by Stats. 2017, Ch. 36, Sec. 19. (AB 452) Effective January 1, 2018.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


citation: PEN § 4852

text: If a majority of the justices recommend that clemency be granted, the Clerk/Executive Officer of the Supreme Court shall transmit the application, together with all papers and documents filed in the case, to the Governor; otherwise the documents shall remain in the files of the court.

history: (History: Amended by Stats. 2017, Ch. 36, Sec. 20. (AB 452) Effective January 1, 2018.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text:
(a) Except as specified in subdivision (b), a person convicted of a felony may file a petition for a certificate of rehabilitation and pardon pursuant to the provisions of this chapter.

(b) A person convicted of a misdemeanor violation of any sex offense specified in Section 290, or a felony violation of any sex offense specified in Section 290 who is granted probation, the accusatory pleading of which has been dismissed pursuant to Section 1203.4, may file a petition for certificate of rehabilitation and pardon pursuant to the provisions of this chapter if the petitioner has not been incarcerated in a prison, jail, detention facility, or other penal institution or agency since the dismissal of the accusatory pleading, is not on probation for the commission of any other felony, and the petitioner presents satisfactory evidence of five years’ residence in this state prior to the filing of the petition.

(c) This chapter does not apply to persons serving a mandatory life parole, persons committed under death sentences, persons convicted of a violation of Section 269, subdivision (c) of Section 286, subdivision (c) of Section 287, Section 288, Section 288.5, Section 288.7, subdivision (j) of Section 289, or subdivision (c) of former Section 288a, or persons in military service.

(d) Notwithstanding any other law, the Governor has the right to pardon a person convicted of a violation of Section 269, subdivision (c) of Section 286, subdivision (c) of Section 287, Section 288, Section 288.5, Section 288.7, subdivision (j) of Section 289, or subdivision (c) of former Section 288a, if there are extraordinary circumstances.

history: (History: Amended by Stats. 2022, Ch. 766, Sec. 1. (AB 1924) Effective January 1, 2023.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS

path: 6. REPRIEVES, PARDONS AND COMMUTATIONS > 3.5. Procedure for Restoration of Rights and Application for Pardon


text:
(a) The court in which the petition is filed may require testimony as it deems necessary, and the production, for the use of the court and without expense of any kind to the petitioner, of all records and reports relating to the petitioner and the crime of which he or she was convicted, including the following:

(1) The record of the trial.

(2) The report of the probation officer, if any.

(3) The records of the prison, jail, detention facility, or other penal institution from which the petitioner has been released showing his or her conduct during the time he or she was there, including the records of the penal institution, jail, or agency doctor and psychiatrist.

(4) The records of the parole officer concerning the petitioner if the petitioner was released on parole, records of the probation officer concerning the petitioner if the petitioner was released on postrelease community supervision or mandatory supervision, or the records of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities concerning the petitioner if the petitioner had been committed to that authority.

(5) The written reports or records of any other law enforcement agency concerning the conduct of the petitioner since the petitioner’s release on probation, parole, postrelease community supervision, or mandatory supervision, or discharge from custody.

(b) A person having custody of any of the records described in subdivision (a) shall make them available for the use of the court in the proceeding.

history: (History: Amended by Stats. 2015, Ch. 378, Sec. 10. (AB 1156) Effective January 1, 2016.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS

chapter: 3.5. Procedure for Restoration of Rights and Application for Pardon


text: Every person, other than an individual who is licensed to practice law in the State of California, pursuant to Article 4 (commencing with Section 6060) of Chapter 4 of Division 3 of the Business and Professions Code and who is acting in that capacity, who solicits or accepts any fee, money, or anything of value for his or her services, or his or her purported services, in representing a petitioner in any proceeding under this chapter, or in any application to the Governor for a pardon under this chapter, is guilty of a misdemeanor.

history: (History: Amended by Stats. 1990, Ch. 632, Sec. 5.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text:
(a) The period of rehabilitation commences upon the discharge of the petitioner from custody due to his or her completion of the term to which he or she was sentenced or upon his or her release on parole, postrelease community supervision, mandatory supervision, or probation, whichever is sooner. For purposes of this chapter, the period of rehabilitation shall constitute five years’ residence in this state, plus a period of time determined by the following rules:

(1) An additional four years in the case of a person convicted of violating Section 187, 209, 219, 4500, or 18755 of this code, or subdivision (a) of Section 1672 of the Military and Veterans Code, or of committing any other offense which carries a life sentence.

(2) (A) An additional five years in the case of a person convicted of committing an offense or attempted offense for which sex offender registration is required pursuant to Sections 290 to 290.024, inclusive.

(B) A certificate of rehabilitation issued on or after July 1, 2021, does not relieve a person of the obligation to register as a sex offender unless the person obtains relief granted under Section 290.5.

(3) An additional two years in the case of a person convicted of committing an offense that is not listed in paragraph (1) or (2) and that does not carry a life sentence.

(4) The trial court hearing the application for the certificate of rehabilitation may, if the defendant was ordered to serve consecutive sentences, order that the statutory period of rehabilitation be extended for an additional period of time which when combined with the time already served will not exceed the period prescribed by statute for the sum of the maximum penalties for all the crimes.

(b) Unless and until the period of rehabilitation required by subdivision (a) has passed, the petitioner shall be ineligible to file his or her petition for a certificate of rehabilitation with the court. A certificate of rehabilitation that is issued and under which the petitioner has not fulfilled the requirements of this chapter shall be void.

(c) A change of residence within this state does not interrupt the period of rehabilitation prescribed by this section.

(d) This section shall become operative on July 1, 2021.

history: (History: Repealed (in Sec. 13) and added by Stats. 2017, Ch. 541, Sec. 14. (SB 384) Effective January 1, 2018. Section operative July 1, 2021, by its own provisions.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text: Each person who may initiate the proceedings provided for in this chapter shall be entitled to receive counsel and assistance from all rehabilitative agencies, including the adult probation officer of the county and all state parole officers, and, in the case of persons under 30 years of age, from the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.

history: (History: Amended by Stats. 2015, Ch. 378, Sec. 8. (AB 1156) Effective January 1, 2016.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text: The person shall live an honest and upright life, shall conduct himself or herself with sobriety and industry, shall exhibit a good moral character, and shall conform to and obey the laws of the land.

history: (History: Amended by Stats. 1996, Ch. 981, Sec. 4. Effective January 1, 1997.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text: After the expiration of the minimum period of rehabilitation a person who has complied with the requirements of Section 4852.05 may file in the superior court of the county in which he or she then resides or in which he or she was convicted of a felony or of a crime the accusatory pleading of which was dismissed pursuant to Section 1203.4, a petition for ascertainment and declaration of the fact of his or her rehabilitation and of matters incident thereto, and for a certificate of rehabilitation under this chapter. A petition shall not be filed until and unless the petitioner has continuously resided in this state, after leaving prison or jail, for a period of not less than five years immediately preceding the date of filing the petition.

history: (History: Amended by Stats. 2018, Ch. 824, Sec. 5. (AB 2845) Effective January 1, 2019.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text: The petitioner shall give notice of the filing and the time of the hearing of the petition at least 30 days before the date set for the hearing to the district attorney of the county in which the petition is filed and to the district attorney of each county in which the petitioner was convicted of a felony or of a crime the accusatory pleading of which was dismissed pursuant to Section 1203.4.

history: (History: Amended by Stats. 2024, Ch. 49, Sec. 9. (AB 168) Effective July 2, 2024.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text: During the proceedings upon the petition, the petitioner may be represented by counsel of his or her own selection. If the petitioner does not have counsel, he or she shall be represented by the public defender, if there is one in the county, and if there is none, by the adult probation officer of the county, or if in the opinion of the court the petitioner needs counsel, the court shall assign counsel to represent him or her.

history: (History: Amended by Stats. 2015, Ch. 303, Sec. 402. (AB 731) Effective January 1, 2016.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text: No filing fee nor court fees of any kind shall be required of a petitioner in proceedings under this chapter.

history: (History: Added by Stats. 1943, Ch. 400.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text: A peace officer shall report to the court, upon receiving a request as provided in Section 4852.1, all known violations of law committed by the petitioner. Upon receiving satisfactory proof of a violation the court may deny the petition and determine a new period of rehabilitation not to exceed the original period of rehabilitation for the same crime. In that event, before granting the petition, the court may require the petitioner to fulfill all the requirements provided to be fulfilled before the granting of the certificate under the original petition.

history: (History: Amended by Stats. 2015, Ch. 303, Sec. 403. (AB 731) Effective January 1, 2016.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text:
(a) In a proceeding for the ascertainment and declaration of the fact of rehabilitation under this chapter, the court, upon the filing of the application for petition of rehabilitation, may request from the district attorney an investigation of the residence of the petitioner, the criminal record of the petitioner as shown by the records of the Department of Justice, any representation made to the court by the applicant, the conduct of the petitioner during the period of rehabilitation, including all matters mentioned in Section 4852.11, and any other information the court deems necessary in making its determination. The district attorney shall, upon request of the court, provide the court with a full and complete report of the investigations.

(b) In any proceeding for the ascertainment and declaration of the fact of rehabilitation under this chapter of a person convicted of a crime the accusatory pleading of which has been dismissed pursuant to Section 1203.4, the district attorney, upon request of the court, shall deliver to the court the criminal record of petitioner as shown by the records of the Department of Justice. The district attorney may investigate any representation made to the court by petitioner and may file with the court a report of the investigation including all matters known to the district attorney relating to the conduct of the petitioner, the place and duration of residence of the petitioner during the period of rehabilitation, and all known violations of law committed by the petitioner.

history: (History: Amended by Stats. 2015, Ch. 303, Sec. 404. (AB 731) Effective January 1, 2016.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text:
(a) Except as otherwise provided in subdivision (b), if after hearing, the court finds that the petitioner has demonstrated by his or her course of conduct his or her rehabilitation and his or her fitness to exercise all of the civil and political rights of citizenship, the court may make an order declaring that the petitioner has been rehabilitated, and recommending that the Governor grant a full pardon to the petitioner. This order shall be filed with the clerk of the court, and shall be known as a certificate of rehabilitation.

(b) No certificate of rehabilitation shall be granted to a person convicted of any offense specified in Section 290 if the court determines that the petitioner presents a continuing threat to minors of committing any of the offenses specified in Section 290.

(c) A district attorney in either the county where the conviction was obtained or the county of residence of the recipient of the certificate of rehabilitation may petition the superior court to rescind a certificate if it was granted for any offense specified in Section 290. The petition shall be filed in either the county in which the person who has received the certificate of rehabilitation resides or the county in which the conviction was obtained. If the superior court finds that petitioner has demonstrated by a preponderance of the evidence that the person who has received the certificate presents a continuing threat to minors of committing any of the offenses specified in Section 290, the court shall rescind the certificate.

history: (History: Amended by Stats. 1996, Ch. 981, Sec. 6. Effective January 1, 1997.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text: The clerk of the court shall immediately transmit certified copies of the certificate of rehabilitation to the Governor, to the Board of Parole Hearings and the Department of Justice, and, in the case of persons twice convicted of a felony, to the Supreme Court.

history: (History: Amended by Stats. 2015, Ch. 303, Sec. 405. (AB 731) Effective January 1, 2016.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text: Nothing in this chapter shall be construed to abridge or impair the power or authority conferred by law on any officer, board, or tribunal to revoke or suspend any right, privilege, or franchise for any act or omission not involved in his or her conviction, or to require the reinstatement of the right or privilege to practice or carry on any profession or occupation the practice or conduct of which requires the possession or obtaining of a license, permit, or certificate. Nothing in this chapter shall affect any provision of Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code or the power or authority conferred by law on the Board of Medical Examiners therein, or the power or authority conferred by law upon any board that issues a certificate permitting any person to practice or apply his or her art or profession on the person of another. Nothing in this chapter shall affect any provision of Chapter 4 (commencing with Section 6000) of Division 3 of the Business and Professions Code or the power or authority in relation to attorneys at law and the practice of the law in the State of California conferred by law upon or otherwise possessed by the courts, or the power or authority conferred by law upon the State Bar of California or any board or committee thereof.

history: (History: Amended by Stats. 1987, Ch. 828, Sec. 141.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text:
(a) The certified copy of a certificate of rehabilitation transmitted to the Governor shall constitute an application for a full pardon upon receipt of which the Governor may, without any further investigation, issue a pardon to the person named therein, except that, pursuant to Section 8 of Article V of the Constitution, the Governor shall not grant a pardon to any person twice convicted of felony, except upon the written recommendation of a majority of the judges of the Supreme Court.

(b) Subject to criteria established by the Governor, a certificate of rehabilitation issued by a court shall be reviewed by the Board of Parole Hearings within one year of receipt of the certificate, which shall issue a recommendation as to whether the Governor should pardon that individual. Any criteria established by the Governor shall be made publicly available, but shall be otherwise exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Amended by Stats. 2018, Ch. 824, Sec. 6. (AB 2845) Effective January 1, 2019.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text:
Whenever a person is issued a certificate of rehabilitation or granted a pardon from the Governor under this chapter, the fact shall be immediately reported to the Department of Justice by the court, Governor, officer, or governmental agency by whose official action the certificate is issued or the pardon granted. The Department of Justice shall immediately record the facts so reported on the former criminal record of the person, and transmit those facts to the Federal Bureau of Investigation at Washington, D.C. When the criminal record is thereafter reported by the department, it shall also report the fact that the person has received a certificate of rehabilitation, or pardon, or both.

Whenever a person is granted a full and unconditional pardon by the Governor, based upon a certificate of rehabilitation, the pardon shall entitle the person to exercise thereafter all civil and political rights of citizenship, including, but not limited to: (1) the right to vote; (2) the right to own, possess, and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right shall not be restored, and Sections 17800 and 23510 and Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon.

history: (History: Amended (as amended by Stats. 2010, Ch. 178, Sec. 85) by Stats. 2011, Ch. 296, Sec. 218. (AB 1023) Effective January 1, 2012.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text: The Board of Parole Hearings shall furnish to the clerk of the superior court of each county a set of sample forms for a petition for certificate of rehabilitation and pardon, a notice of filing of petition for certificate of rehabilitation and pardon, and a certificate of rehabilitation. The clerk of the court shall have a sufficient number of these forms printed to meet the needs of the people of the county, shall post these forms on the court’s Internet Web site, and shall make these forms available at no charge to persons requesting them.

history: (History: Amended by Stats. 2018, Ch. 824, Sec. 7. (AB 2845) Effective January 1, 2019.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text: This chapter shall be construed as providing an additional, but not an exclusive, procedure for the restoration of rights and application for pardon. Nothing in this chapter shall be construed as repealing any other provision of law providing for restoration of rights or application for pardon.

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text:
(a) A person to whom this chapter applies shall, prior to discharge or release on parole or postrelease community supervision from a state prison or other state penal institution or agency, or prior to discharge or release on mandatory supervision from a county jail, be informed in writing by the official in charge of the place of confinement of the person’s right to petition for, and of the procedure for filing the petition for and obtaining, a certificate of rehabilitation and pardon pursuant to this chapter.

(b) Prior to dismissal of the accusatory pleading pursuant to Section 1203.4, the defendant shall be informed in writing by the clerk of the court dismissing the accusatory pleading of the defendant’s right, if any, to petition for, and of the procedure for filing a petition for and obtaining, a certificate of rehabilitation and pardon pursuant to this chapter.

history: (History: Amended by Stats. 2015, Ch. 378, Sec. 11. (AB 1156) Effective January 1, 2016.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text: Except in a case requiring registration pursuant to Section 290, a trial court hearing an application for a certificate of rehabilitation before the applicable period of rehabilitation has elapsed may grant the application if the court, in its discretion, believes relief serves the interests of justice.

history: (History: Added by Stats. 2013, Ch. 721, Sec. 2. (SB 530) Effective January 1, 2014.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


citation: PEN § 4853

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

history: (History: Amended by Stats. 1987, Ch. 828, Sec. 143.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS

chapter: 4. Effect of Full Pardon

path: 6. REPRIEVES, PARDONS AND COMMUTATIONS > 4. Effect of Full Pardon


citation: PEN § 4854

text: In the granting of a pardon to a person, the Governor may provide that the person is entitled to exercise the right to own, possess, and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right shall not be restored, and Sections 17800 and 23510 and Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon.

history: (History: Amended (as amended by Stats. 2010, Ch. 178, Sec. 86) by Stats. 2011, Ch. 296, Sec. 219. (AB 1023) Effective January 1, 2012.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


citation: PEN § 4900

text:
(a) Any person who, having been convicted of any crime against the state amounting to a felony and imprisoned in the state prison or incarcerated in county jail pursuant to subdivision (h) of Section 1170 for that conviction, is granted a pardon by the Governor for the reason that the crime with which they were charged was either not committed at all or, if committed, was not committed by the person, or who, being innocent of the crime with which they were charged for either of those reasons, shall have served the term or any part thereof for which they were imprisoned in state prison or incarcerated in county jail, may, under the conditions provided under this chapter, present a claim against the state to the California Victim Compensation Board for the injury sustained by the person through the erroneous conviction and imprisonment or incarceration.

(b) If a state or federal court has granted a writ of habeas corpus or if a state court has granted a motion to vacate pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, and the charges were subsequently dismissed, or the person was acquitted of the charges on a retrial, the California Victim Compensation Board shall, upon application by the person, and without a hearing, approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature, pursuant to Section 4904, unless the Attorney General establishes pursuant to subdivision (d) of Section 4902, that the claimant is not entitled to compensation.

(c) (1) This section shall become inoperative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 2024–25 fiscal year are available to support ongoing augmentations and actions, and an appropriation is made to backfill the Restitution Fund to support the actions in this section. If those conditions are met, this section is repealed January 1, 2025.

(2) The amendments made by the act adding this subdivision shall become operative on January 1, 2023.

history: (History: Amended by Stats. 2022, Ch. 771, Sec. 18. (AB 160) Effective September 29, 2022. Operative January 1, 2023, by its own provisions. Conditionally inoperative July 1, 2024, as prescribed by its own provisions. Conditionally repealed January 1, 2025, as prescribed by its own provisions. See later operative version added by Sec. 19 of Stats. 2022, Ch. 771.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS

path: 6. REPRIEVES, PARDONS AND COMMUTATIONS > 5. Indemnity for Persons Erroneously Convicted and Pardoned


text:
(a) Any person who, having been convicted of any crime against the state amounting to a felony, and imprisoned in the state prison or incarcerated in county jail pursuant to subdivision (h) of Section 1170 for that conviction, is granted a pardon by the Governor for the reason that the crime with which they were charged was either not committed at all or, if committed, was not committed by the person, or who, being innocent of the crime with which they were charged for either of those reasons, has served the term or any part thereof for which they were imprisoned in state prison, incarcerated in county jail, on parole, or under supervised release, may, under the conditions provided under this chapter, present a claim against the state to the California Victim Compensation Board for the injury sustained by the person through the erroneous conviction and imprisonment or incarceration.

(b) If a state or federal court has granted a writ of habeas corpus or if a state court has granted a motion to vacate pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, and the charges were subsequently dismissed, or the person was acquitted of the charges on a retrial, the California Victim Compensation Board shall, upon application by the person, and without a hearing, approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature, pursuant to Section 4904, unless the Attorney General establishes pursuant to subdivision (d) of Section 4902, that the claimant is not entitled to compensation.

(c) This section shall become operative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 2024–25 fiscal year are available to support ongoing augmentations and actions, and if an appropriation is made to backfill the Restitution Fund to support the actions in this section.

history: (History: Repealed (in Sec. 18) and added by Stats. 2022, Ch. 771, Sec. 19. (AB 160) Effective September 29, 2022. Conditionally operative July 1, 2024, as prescribed by its own provisions.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS

chapter: 5. Indemnity for Persons Erroneously Convicted and Pardoned


citation: PEN § 4901

text:
(a) A claim under Section 4900, accompanied by a statement of the facts constituting the claim, verified in the manner provided for the verification of complaints in civil actions, is required to be presented by the claimant to the California Victim Compensation Board within a period of 10 years after judgment of acquittal, dismissal of charges, pardon granted, or release from custody, whichever is later.

(b) For purposes of subdivision (a), “release from custody” means release from imprisonment from state prison or from incarceration in county jail when there is no subsequent parole jurisdiction exercised by the Department of Corrections and Rehabilitation or postrelease jurisdiction under a community corrections program, or when there is a parole period or postrelease period subject to jurisdiction of a community corrections program, when that period ends.

(c) A person may not file a claim under Section 4900 until 60 days have passed since the date of reversal of conviction or granting of the writ, or while the case is pending upon an initial refiling, or until a complaint or information has been dismissed a single time.

history: (History: Amended by Stats. 2019, Ch. 473, Sec. 2. (SB 269) Effective January 1, 2020.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


citation: PEN § 4902

text:
(a) If the provisions of Section 851.865 or 1485.55 apply in any claim, the California Victim Compensation Board shall, within 90 days of the filing of the claim, calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature. As to any claim to which Section 851.865 or 1485.55 does not apply, the Attorney General shall respond to the claim within 60 days or request an extension of time, upon a showing of good cause.

(b) Upon receipt of a response from the Attorney General, the board shall fix a time and place for the hearing of the claim, and shall mail notice thereof to the claimant and to the Attorney General at least 15 days prior to the time fixed for the hearing. The board shall use reasonable diligence in setting the date for the hearing and shall attempt to set the date for the hearing at the earliest date convenient for the parties and the board.

(c) If the time period for response elapses without a request for extension or a response from the Attorney General pursuant to subdivision (a), the board shall fix a time and place for the hearing of the claim, mail notice thereof to the claimant at least 15 days prior to the time fixed for the hearing, and make a decision based on the claimant’s verified claim and any evidence presented by the claimant.

(d) If subdivision (b) of Section 4900 applies in any claim, the California Victim Compensation Board shall calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature, unless the Attorney General objects in writing, within 45 days from when the claimant files the claim, with clear and convincing evidence that the claimant is not entitled to compensation. The Attorney General may request a single 45-day extension of time, upon a showing of good cause. An extension of time beyond this period may be given if agreed upon by stipulation between both parties. Time needed to obtain and review juvenile records may establish good cause for additional 45-day extensions upon a showing that through the exercise of due diligence the Attorney General’s office is unable to obtain sufficient documents for the review. If the Attorney General declines to object within the allotted period of time, then the board shall approve payment pursuant to Section 4904 within 90 days thereafter. Upon receipt of the objection, the board shall fix a time and place for the hearing of the claim, and shall mail notice thereof to the claimant and to the Attorney General at least 15 days prior to the fixed time for the hearing. At a hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. If the Attorney General fails to meet this burden, the board shall approve payment to the claimant, calculated pursuant to Section 4904, if sufficient funds are available upon appropriation by the Legislature.

history: (History: Amended by Stats. 2023, Ch. 702, Sec. 4. (SB 78) Effective January 1, 2024.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


citation: PEN § 4903

text:
(a) Except as provided in Sections 851.865 and 1485.55, and in subdivision (b) of Section 4900, the board shall fix a time and place for the hearing of the claim. At the hearing the claimant shall introduce evidence in support of the claim, and the Attorney General may introduce evidence in opposition thereto. The claimant shall prove the facts set forth in the statement constituting the claim, including the fact that the crime with which they were charged was either not committed at all, or, if committed, was not committed by the claimant, and the injury sustained by them through their erroneous conviction and incarceration.

(b) For claims falling within subdivision (b) of Section 4900 in which the Attorney General objects to the claim pursuant to subdivision (d) of Section 4902, the board shall fix a time and place for the hearing of the claim. At the hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. The claimant may introduce evidence in support of the claim.

(c) In a hearing before the board, the factual findings and credibility determinations establishing the court’s basis for writ of habeas corpus, a motion to vacate pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, or an application for a certificate of factual innocence as described in Section 1485.5 shall be binding on the Attorney General, the factfinder, and the board.

(d) A conviction reversed and dismissed is no longer valid, thus the Attorney General may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the claimant through court litigation, or that there was a conviction to establish that the claimant is not entitled to compensation. The Attorney General may also not rely solely on the trial record to establish that the claimant is not entitled to compensation.

(e) The board shall deny payment of any claim if the board finds by a preponderance of the evidence that a claimant pled guilty with the specific intent to protect another from prosecution for the underlying conviction for which the claimant is seeking compensation.

(f) A presumption does not exist in any other proceeding if the claim for compensation is denied pursuant to this section. No res judicata or collateral estoppel finding shall be made in any other proceeding if the claim for compensation is denied pursuant to this section.

history: (History: Amended by Stats. 2021, Ch. 490, Sec. 5. (SB 446) Effective January 1, 2022.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


citation: PEN § 4904

text:
(a) If the evidence shows that the crime with which the claimant was charged was either not committed at all, or, if committed, was not committed by the claimant, or for claims pursuant to subdivision (b) of Section 4900, the Attorney General’s office has not met their burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense, and the California Victim Compensation Board has found that the claimant has sustained injury through their erroneous conviction and imprisonment, the California Victim Compensation Board shall approve payment for the purpose of indemnifying the claimant for the injury if sufficient funds are available, upon appropriation by the Legislature. The amount of the payment shall be a sum equivalent to one hundred forty dollars ($140) per day of incarceration served, and shall include any time spent in custody, including in a county jail, that is considered to be part of the term of incarceration. Notwithstanding any other provision in this section, the California Victim Compensation Board, prior to approving payment, may request from both parties additional documents or arguments as needed to calculate compensation. That payment shall not be treated as gross income to the recipient under the Revenue and Taxation Code.

(b) (1) This section shall become inoperative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 2024–25 fiscal year are available to support ongoing augmentations and actions, and if an appropriation is made to backfill the Restitution Fund to support the actions in this section. If those conditions are met, this section is repealed January 1, 2025.

(2) The amendments made by the act adding this subdivision shall become operative on January 1, 2023.

history: (History: Amended (as amended by Stats. 2022, Ch. 771, Sec. 20) by Stats. 2023, Ch. 702, Sec. 5. (SB 78) Effective January 1, 2024. Conditionally inoperative July 1, 2024, as prescribed by its own provisions. Conditionally repealed January 1, 2025, as prescribed by its own provisions. See later operative version, as amended by Sec. 6 of Stats. 2023, Ch. 702.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text:
(a) If the evidence shows that the crime with which the claimant was charged was either not committed at all, or, if committed, was not committed by the claimant, or for claims pursuant to subdivision (b) of Section 4900, the Attorney General’s office has not met their burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense, and the California Victim Compensation Board has found that the claimant has sustained injury through their erroneous conviction and imprisonment, the California Victim Compensation Board shall approve payment for the purpose of indemnifying the claimant for the injury if sufficient funds are available, upon appropriation by the Legislature. Notwithstanding any other provision in this section, the California Victim Compensation Board, prior to approving payment, may request from both parties additional documents or arguments as needed to calculate compensation. The amount of the payment shall include the following:

(1) A sum equivalent to one hundred forty dollars ($140) per day of incarceration served solely as a result of the former conviction, and shall include any time spent in custody, including in a county jail, that is considered to be part of the term of incarceration.

(2) A sum equivalent to seventy dollars ($70) per day served on parole pursuant to Section 3000 or 3000.1 or on supervised release solely as a result of the former conviction.

(b) The amounts provided in paragraphs (1) and (2) of subdivision (a) shall be updated annually to reflect changes in the Bureau of Labor Statistics Consumer Price Index, West Region, commencing one year after this section becomes effective.

(c) Funds received by the claimant under this section shall not be treated as gross income to the recipient under the Revenue and Taxation Code.

(d) This section shall become operative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 2024–25 fiscal year are available to support ongoing augmentations and actions, and if an appropriation is made to backfill the Restitution Fund to support the actions in this section.

history: (History: Amended (as added by Stats. 2022, Ch. 771, Sec. 21) by Stats. 2023, Ch. 702, Sec. 6. (SB 78) Effective January 1, 2024. Conditionally operative July 1, 2024, as prescribed by its own provisions.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


text: On or before September 1 each year, the California Victim Compensation Board shall submit an annual report to the Joint Legislative Budget Committee on approved erroneous conviction claims that were paid in the prior fiscal year. The report shall include a listing of all individuals approved by the board for compensation under this chapter, the amount approved for each individual, and a case summary.

history: (History: Added by Stats. 2022, Ch. 58, Sec. 20. (AB 200) Effective June 30, 2022.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


citation: PEN § 4905

text: The California Victim Compensation Board is immune from liability for damages, including prejudgment interest, for any decision on a claim under this chapter. The immunity granted to the board under this section does not change or affect the immunity provided by Section 820.2 of the Government Code.

history: (History: Repealed and added by Stats. 2022, Ch. 58, Sec. 22. (AB 200) Effective June 30, 2022.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


citation: PEN § 4906

text: The California Victim Compensation Board is hereby authorized to make all needful rules and regulations consistent with the law for the purpose of carrying into effect this chapter.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 255. (SB 836) Effective June 27, 2016.)

title: 6. REPRIEVES, PARDONS AND COMMUTATIONS


citation: PEN § 5000

text:
(a) Any reference to the Department of Corrections in this or any other code refers to the Department of Corrections and Rehabilitation, Division of Adult Operations.

(b) The primary objective of adult incarceration in the Department of Corrections and Rehabilitation shall be to facilitate the successful reintegration of the individuals in the department’s care back to their communities equipped with the tools to be drug-free, healthy, and employable members of society by providing education, treatment, and rehabilitative and restorative justice programs, all in a safe and humane environment to promote personal growth for all residents, as set forth in the findings and declarations set forth in Sections 1170 and 5000.5. In implementing this objective, the Department of Corrections and Rehabilitation is encouraged to allow all incarcerated persons the opportunity to enroll in programs that promote successful return to the community.

history: (History: Amended by Stats. 2025, Ch. 225, Sec. 3. (SB 551) Effective January 1, 2026.)

path: 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM > 1. The Department of Corrections and Rehabilitation


text:
(a) The Legislature hereby finds and declares that the purpose of incarceration is rehabilitation accomplished only if the period of imprisonment is used to maximize personal growth for all residents and facilitate their reintegration into society upon release, enabling them to lead law-abiding and self-sufficient lives, reducing recidivism. The Legislature finds and declares that community-based organizations are an integral part of achieving the state’s objective of ensuring that all people incarcerated in a state prison have access to rehabilitative programs.

(b) The Legislature recognizes that life in prison can never be the same as life in a free society. However, active steps should be taken to make conditions in prison as close to normal life as possible, aside from loss of liberty, and to ensure that this normalization does not lead to inhumane prison conditions.

(c) It is the intent of the Legislature that the Department of Corrections and Rehabilitation integrate, to the extent possible, the principles of normalization and dynamic security to establish safer conditions for incarcerated persons and correctional staff. The Legislature recognizes that the principle of dynamic security promotes a healthier environment for correctional officers, staff, and individuals within a correctional facility by improving the relationship between incarcerated individuals and staff. Improved communication, mentorship, and normalization improve health outcomes for department staff and incarcerated individuals by reducing risks such as violent behavior, recidivism, and stress. The Legislature also recognizes the principle of normalization, which states that life inside prison should be as close to life outside of prison as possible, and should prepare incarcerated persons to be productive and contributing members of society upon their release.

(d) The Department of Corrections and Rehabilitation is directed to maintain a mission statement consistent with the principles of normalization and dynamic security, shall facilitate access for community-based programs, and should develop training for all correctional staff on the principles of normalization and dynamic security in order to meaningfully effectuate the principles set forth in this section.

history: (History: Added by Stats. 2025, Ch. 225, Sec. 4. (SB 551) Effective January 1, 2026.)

title: 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM

chapter: 1. The Department of Corrections and Rehabilitation


citation: PEN § 5001

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

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 519. Effective January 1, 2007.)


citation: PEN § 5002

text:
(a) The department shall succeed to and is hereby vested with all of the powers and duties exercised and performed by the following departments, boards, bureaus, commissions, and officers when such powers and duties are not otherwise vested by law:

(1) The Department of Penology.

(2) The State Board of Prison Directors.

(3) The Bureau of Paroles.

(4) The warden and the clerk of the San Quentin Rehabilitation Center.

(5) The warden and the clerk of the California State Prison at Folsom.

(6) The warden of and the clerk of the California Institution for Men.

(7) The California Crime Commission.

(b) Whenever any designation of any of the departments, boards, bureaus, commissions, or officers mentioned in subdivision (a) is contained in any provision of law and this designation is expressly made to refer to the Department of Corrections and Rehabilitation, the Board of State and Community Corrections, or the Board of Parole Hearings, then the Department of Corrections and Rehabilitation, the Board of State and Community Corrections, or the Board of Parole Hearings, to whichever one the designation is made to refer, shall exercise the power or perform the duty exercised or performed by the particular departments, boards, bureaus, or officers mentioned in subdivision (a).

(c) The powers and duties of the State Board of Prison Directors and of the clerks of the state prisons and the California Institution for Men are transferred to and shall be exercised and performed by the Department of Corrections and Rehabilitation, except as may be otherwise expressly provided by law.

(d) The powers and duties of wardens of the state prisons and the California Institution for Men, presently or hereafter, expressly vested by law in them shall be exercised by them but such exercise shall be subject to the supervision and control of the Secretary of the Department of Corrections and Rehabilitation. All powers and duties not expressly vested in the wardens are transferred to and shall be exercised and performed by the Department of Corrections and Rehabilitation. When the designation of warden is expressly made to refer to the Department of Corrections and Rehabilitation, the department shall exercise the power and perform the duty exercised or performed by the warden.

(e) The Board of Parole Hearings shall succeed to and is hereby vested with all of the powers and duties exercised and performed by the following boards when such powers and duties are not otherwise vested by law:

(1) The Board of Prison Terms and Paroles.

(2) The Advisory Pardon Board.

(3) The Adult Authority.

(4) The Women’s Board of Terms and Paroles.

(5) The Community Release Board.

history: (History: Amended by Stats. 2023, Ch. 47, Sec. 18. (AB 134) Effective July 10, 2023.)


citation: PEN § 5003

text:
The department has jurisdiction over all of the following prisons and institutions:

(a) Avenal State Prison.

(b) California Correctional Institution.

(c) California Health Care Facility, Stockton.

(d) California Institution for Men.

(e) California Institution for Women.

(f) California Men’s Colony.

(g) California Medical Facility.

(h) California Rehabilitation Center.

(i) California State Prison, Corcoran.

(j) California State Prison, Los Angeles County.

(k) California State Prison, Sacramento.

(l) California State Prison, Solano.

(m) California State Prison, Centinela.

(n) Calipatria State Prison.

(o) Central California Women’s Facility.

(p) Chuckawalla Valley State Prison.

(q) Correctional Training Facility.

(r) Folsom State Prison.

(s) High Desert State Prison.

(t) Ironwood State Prison.

(u) Kern Valley State Prison.

(v) Mule Creek State Prison.

(w) North Kern State Prison.

(x) Pelican Bay State Prison.

(y) Pleasant Valley State Prison.

(z) Richard J. Donovan Correctional Facility.

(aa) Salinas Valley State Prison.

(ab) San Quentin Rehabilitation Center.

(ac) Sierra Conservation Center.

(ad) Substance Abuse Treatment Facility and State Prison, Corcoran.

(ae) Valley State Prison.

(af) Wasco State Prison.

(ag) Other institutions and prison facilities that the Department of Corrections and Rehabilitation or the Secretary of the Department of Corrections and Rehabilitation may be authorized by law to establish.

history: (History: Repealed and added by Stats. 2024, Ch. 49, Sec. 11. (AB 168) Effective July 2, 2024.)


text:
(a) On or after January 1, 2020, the department shall not enter into a contract with a private, for-profit prison facility located in or outside of the state to provide housing for state prison inmates.

(b) On or after January 1, 2020, the department shall not renew an existing contract with a private, for-profit prison facility located in or outside of the state to incarcerate state prison inmates.

(c) After January 1, 2028, a state prison inmate or other person under the jurisdiction of the department shall not be incarcerated in a private, for-profit prison facility.

(d) As used in this section, “private, for-profit prison facility” does not include a facility that is privately owned, but is leased and operated by the department.

(e) Notwithstanding subdivisions (a) and (b), the department may renew or extend a contract with a private, for-profit prison facility to provide housing for state prison inmates in order to comply with the requirements of any court-ordered population cap.

history: (History: Added by Stats. 2019, Ch. 739, Sec. 1. (AB 32) Effective January 1, 2020.)


text:
(a) The Secretary of the Department of Corrections and Rehabilitation, or his or her designee, shall provide written notification to any county impacted by the opening, closing, or changing of location of any reception center that accepts prisoners from county facilities, or by the opening, closing, or changing of the location of a parole office. Written notification of these changes shall also be provided to the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California at least 90 days prior to the proposed change.

(b) The notification requirement in this section shall not apply to the opening, closing, or changing of location of a facility due to an emergency created by a riot, quarantine, or natural disaster.

history: (History: Added by Stats. 2013, Ch. 32, Sec. 13. (SB 76) Effective June 27, 2013.)


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

history: (History: Amended by Stats. 2005, Ch. 10, Sec. 34. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)


citation: PEN § 5004

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

history: (History: Added by Stats. 1949, Ch. 870.)


text:
The director shall require each state prison under the department’s jurisdiction to develop a Mutual Aid Escape Pursuit Plan and Agreement with local law enforcement agencies. The plan, together with any supporting information, shall be submitted for annual review to the city council of the city containing or nearest to the institution and to the county board of supervisors of the county containing the prison.

Nothing in this section shall require the department to disclose any information which may threaten the security of an institution or the safety of the surrounding community.

history: (History: Added by Stats. 1984, Ch. 608, Sec. 1. Effective July 19, 1984.)


text:
(a) The department shall establish a statewide policy on operational procedures for the handling of threats made by inmates or wards, and threats made by family members of inmates or wards, against department staff. The policy shall include methods to ensure that department staff members are advised of threats made against them by inmates, wards, or family members of inmates or wards, and shall require that all threats against department staff made by inmates, wards, or family members of inmates or wards are thoroughly investigated. A copy of the statewide policy shall be accessible to members of the public upon request.

(b) This section does not prohibit an individual institution within the department from developing a more detailed notification procedure for advising staff members of threats made against them. If an individual institution has a more detailed policy, the policy shall be accessible to every member of the staff of the institution.

(c) The department shall provide training on the policy developed pursuant to this section as part of its existing training programs.

(d) The policy developed pursuant to this section shall be fully implemented by July 1, 2016.

history: (History: Added by Stats. 2015, Ch. 195, Sec. 1. (AB 293) Effective August 13, 2015.)


citation: PEN § 5005

text:
(a) The department shall maintain a canteen at an active prison or institution under its jurisdiction for the sale to incarcerated persons of toilet articles, candy, notions, and other sundries, and shall provide the necessary facilities, equipment, personnel, and merchandise for the canteen. The secretary shall specify what commodities shall be sold in the canteen. The sale prices of the articles offered for sale shall not exceed a 35-percent markup above the amount paid to the vendors.

(b) The department shall undertake to insure against damage or loss of canteen and handicraft materials, supplies, and equipment owned by the Inmate Welfare Fund as provided in Section 5006.

(c) The canteen operations at any prison or institution referred to in this section shall be audited biennially by the Department of Finance, and at the end of each intervening fiscal year, each prison or institution shall prepare a statement of operations. At least one copy of any audit report or statement of operations shall be posted at the canteen and at least one copy shall be available to incarcerated persons at the library of each prison or institution.

(d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.

history: (History: Amended by Stats. 2023, Ch. 609, Sec. 3. (SB 474) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions. See later operative version, as amended by Sec. 4 of Stats. 2024, Ch. 56.)


text:
(a) The department shall maintain a canteen at an active prison or institution under its jurisdiction for the sale to incarcerated persons of toilet articles, candy, notions, and other sundries, including sulfate-free shampoos and conditioners, curl creams, and gel, and shall provide the necessary facilities, equipment, personnel, and merchandise for the canteen. The secretary shall specify what commodities shall be sold in the canteen. The sale prices of the articles offered for sale shall be fixed by the secretary at the amounts that will, as far as possible, render each canteen self-supporting.

(b) The department shall undertake to insure against damage or loss of canteen and handicraft materials, supplies, and equipment owned by the Inmate Welfare Fund as provided in Section 5006.

(c) The canteen operations at any prison or institution referred to in this section shall be audited biennially by the Department of Finance, and at the end of each intervening fiscal year, each prison or institution shall prepare a statement of operations. At least one copy of any audit report or statement of operations shall be posted at the canteen and at least one copy shall be available to incarcerated persons at the library of each prison or institution.

(d) This section shall become operative on January 1, 2028.

history: (History: Amended (as added by Stats. 2023, Ch. 609, Sec. 4) by Stats. 2024, Ch. 56, Sec. 4. (AB 1875) Effective January 1, 2025. Operative January 1, 2028, by its own provisions.)


citation: PEN § 5006

text:
(a) (1) All moneys now held for the benefit of inmates currently housed in Department of Corrections and Rehabilitation facilities including those known as the Inmate Canteen Fund of the California Institution for Men; the Inmate Welfare Fund of the California Institution for Women; the Trust Contingent Fund of the California State Prison at Folsom; the S.P.L. Commissary, Canteen Account, Hobby Association, Camp Account, Library Fund, News Agency of the San Quentin Rehabilitation Center, the Prisoners’ Fund; and the Prisoners’ Employment Fund, shall be deposited in the Inmate Welfare Fund of the Department of Corrections and Rehabilitation, in the State Treasury, which is hereby created. The money in the fund shall be used solely for the benefit and welfare of inmates of prisons and institutions under the jurisdiction of the Department of Corrections and Rehabilitation, including the following:

(A) The establishment, maintenance, employment of personnel for, and purchase of items for sale to inmates at canteens maintained at the state institutions.

(B) The establishment, maintenance, employment of personnel, and necessary expenses in connection with the operation of the hobby shops at institutions under the jurisdiction of the department.

(C) Educational programs, hobby and recreational programs, which may include physical education activities and hobby craft classes, inmate family visiting services, leisure-time activities, and assistance with obtaining photo identification from the Department of Motor Vehicles.

(D) Funding for innovative programming by not-for-profit organizations offering programs that have demonstrated success and focus on offender responsibility and restorative justice principles. All funding used for this purpose shall go directly to the not-for-profit organizations and shall not be used for department staff or administration of the programming.

(2) The warden of each institution, in collaboration with at least two representatives from local or state advocacy groups for inmates and two members of either the men’s or women’s advisory council or similar group within each institution, shall meet at least biannually to determine how the money in the fund shall be used to benefit the inmates of the respective institution. It is the intent of the Legislature that the funds only be expended on services other than those that the department is required to provide to inmates.

(b) There shall be deposited in the Inmate Welfare Fund all net proceeds from the operation of canteens and hobby shops and any moneys that may be assigned to the state prison by prisoners for deposit in the fund. The moneys in the fund shall constitute a trust held by the Secretary of the Department of Corrections and Rehabilitation for the benefit and welfare, as herein defined, of all of the inmates of institutions and prisons under the jurisdiction of the department.

(c) The Department of Finance shall conduct a biennial audit of the Inmate Welfare Fund to include an audit report that shall summarize expenditures from the fund by major categories. At the end of each intervening fiscal year, a statement of operations shall be prepared that shall contain the same information as would be provided in the biennial audit. At least one copy of any statement of operations or audit report shall be placed in each library maintained by the Department of Corrections and Rehabilitation and shall be available there to any inmate.

history: (History: Amended by Stats. 2023, Ch. 47, Sec. 20. (AB 134) Effective July 10, 2023.)


text:
(a) Notwithstanding any provision in Section 5006, money in the Inmate Welfare Fund shall not be expended to pay charges for any or all of the following purposes:

(1) Overtime for staff coverage of special events.

(2) Television repair.

(3) Original complement of television sets and replacement of television equipment.

(b) The department shall pay these charges out of any money appropriated for these purposes.

history: (History: Amended by Stats. 2012, Ch. 831, Sec. 3. (SB 542) Effective January 1, 2013.)


citation: PEN § 5007

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

history: (History: Amended by Stats. 2012, Ch. 831, Sec. 4. (SB 542) Effective January 1, 2013.)


text:
(a) (1) The department shall establish the California Reentry and Enrichment (CARE) Grant program to provide grants to community-based organizations (CBOs) that provide rehabilitative services to incarcerated individuals.

(2) Grants shall be awarded by the steering committee established pursuant to subdivision (b) based on the following criteria:

(A) The steering committee shall prioritize the continuation, expansion, or replication of rehabilitative programs that have previously demonstrated success with incarcerated individuals within a correctional environment. This subparagraph does not disqualify a relatively new CBO that has programming that shows promise from applying for, or receiving, a grant.

(B) Grants shall be awarded to fund programs that provide insight-oriented restorative justice and offender accountability programs that can demonstrate that the approach has produced, or will produce, positive outcomes in department facilities, including, but not limited to:

(i) Increasing empathy and mindfulness.

(ii) Increasing resilience and reducing the impacts of stress and trauma.

(iii) Reducing violence in the form of physical aggression, verbal aggression, anger, and hostility.

(iv) Successfully addressing and treating the symptoms of post-traumatic stress disorder.

(v) Victim impacts and understanding.

(C) To the extent that the information is available, applicants shall provide evaluations and surveys, including qualitative and quantitative information, from current and former program participants and any program evaluation data conducted by an outside research organization.

(b) The department shall establish a CARE Grant program steering committee, which shall establish grant criteria, select grant recipients, and determine grant amounts and the number of grants. Members of the steering committee shall be chosen as a result of consultation with the Senate and Assembly, as follows:

(1) One member shall be an educator or trainer in the field of criminal justice, with specific knowledge and experience working with adult offenders.

(2) One member shall be a researcher with specific expertise evaluating the effectiveness of rehabilitative treatment for adult offenders.

(3) Two members shall be representatives for community-based organizations with experience working with the department on CBO-led programs. The CBO representative is ineligible to apply for a grant and shall not receive any compensation from another nonprofit/CBO that receives a CARE grant.

(4) Two members shall have firsthand knowledge of rehabilitative CBO- or department-led programming through active participation and completion of courses within the preceding five years. These members are ineligible to apply for a grant and shall not receive any compensation from another nonprofit or CBO that receives a CARE grant.

(5) Two members shall be representatives of the Division of Rehabilitative Programs within the department who have had experience working directly with CBO programs.

(6) One member shall be a representative from the Division of Adult Institutions to provide insight and knowledge of the most effective CBO programs.

(c) Prior to the release of the grant application, the department shall survey all adult prisons to determine which are able to support new programs provided by the grantees. A list of prisons that are able to add additional programs shall be clearly listed in the request for applications. All prisons that agree to accept additional programs, agree to facilitate and support the grantee organizations in the provision of those programs. Once grant applications are selected by the committee, should a prison determine that the specific programs cannot safely or adequately be provided in their particular prison, the Division of Adult Institutions, Department of Corrections and Rehabilitation shall provide detailed information, in writing, to the steering committee on the specific reasons for being unable to offer the program.

(d) To the extent amendments are made to a contract, after the contract is awarded, that result in a significant change in the level of service provided by a grantee, the department shall submit the contract amendment to the steering committee for approval prior to executing the amendment.

(e) Each member of the steering committee shall receive one hundred dollars ($100) for each day in which that committee member is engaged in the performance of official duties. The performance of official duties includes all meetings, reviewing draft application and scoring documents, reading and evaluating grant applications, and any prison visits agreed to by the committee to review grantee programs. Total compensation shall not exceed five thousand dollars ($5,000) per committee member, per year. A government employee who is participating in the committee as part of their job and is continuing to receive their regular salary is not eligible for compensation. In addition to the compensation, all members of the committee shall be reimbursed for necessary traveling and other expenses incurred in the performance of official duties. Any costs pursuant to this subdivision will be paid from CARE grant funding appropriated in the annual Budget Act.

history: (History: Amended by Stats. 2025, Ch. 10, Sec. 7. (AB 134) Effective June 27, 2025.)


text:
(a) (1) The Delancey Street Restaurant Management Program is hereby established for the purpose of teaching marketable skills useful to incarcerated persons for reemployment opportunities upon their release from state prison. The program shall focus on restaurant operation, service, and hospitality.

(2) (A) The program shall be operated by the department in consultation with the Delancey Street Foundation.

(B) The foundation shall be aware of, and comply with, all federal and state statutes, rules, regulations, and department policies and directives. Notwithstanding subdivision (b), department policies and directives shall include, but are not limited to, the California Correctional Health Care Services Health Care Department Operations Manual, Title 15 of the California Code of Regulations, policy memoranda issued by the Secretary of the Department of Corrections and Rehabilitation or jointly with the receiver of the California Correctional Health Care Services, and any similar departmentwide guidance issued by proper authority, of which the foundation has been informed by the department or that has been published on the department’s public internet website.

(b) Operation of the program is exempt from all of the following:

(1) Article 5 (commencing with Section 19625) of Chapter 6 of Part 2 of Division 10 of the Welfare and Institutions Code.

(2) Section 2807.

(3) The Public Contract Code.

(4) The State Contracting Manual.

(5) Section 599.652 of Title 2 of the California Code of Regulations.

(6) Sections 3054.6, 3054.7, and 3056 of Title 15 of the California Code of Regulations.

(c) Beginning November 1, 2023, and annually thereafter, the department shall make available, upon request, the total expenditures and revenue collected for the program during the previous fiscal year.

history: (History: Added by Stats. 2022, Ch. 58, Sec. 25. (AB 200) Effective June 30, 2022.)


text: The Secretary of the Department of Corrections and Rehabilitation shall not charge a fee for an inmate-initiated medical visit of an inmate confined in the state prison.

history: (History: Repealed and added by Stats. 2019, Ch. 570, Sec. 5. (AB 45) Effective January 1, 2020.)


text: The Secretary of the Department of Corrections and Rehabilitation shall not charge a fee for an incarcerated person to request, review, or use their medical records.

history: (History: Added by Stats. 2022, Ch. 837, Sec. 1. (SB 1139) Effective January 1, 2023.)


text: An inmate who has maintained an inmate trust account with twenty-five dollars ($25) or less for 30 consecutive days shall be deemed indigent. An indigent inmate shall receive basic supplies necessary for maintaining personal hygiene. An indigent inmate shall be provided with sufficient resources to communicate with and access the courts, including, but not limited to, stamps, writing materials, envelopes, paper, and the services of a notary for the purpose of notarizing a signature on a document, as required.

history: (History: Added by Stats. 2018, Ch. 764, Sec. 1. (AB 2533) Effective January 1, 2019.)


text:
(a) The Secretary of the Department of Corrections and Rehabilitation shall not charge a fee for durable medical equipment or medical supplies provided to an inmate confined in the state prison as medically necessary to ensure the inmate has equal access to prison services, programs, or activities.

(b) (1) For purposes of this section, “durable medical equipment” means equipment that is prescribed by a licensed provider to meet the medical needs of an inmate and that meets all of the following criteria:

(A) The equipment can withstand repeated use.

(B) The equipment is used to serve a medical purpose.

(C) The equipment is not normally useful to an individual in the absence of an illness, injury, functional impairment, or congenital anomaly.

(D) The equipment is appropriate for use in or out of the prison.

(2) Durable medical equipment includes, but is not limited to, eyeglasses, artificial eyes, dentures, artificial limbs, orthopedic braces and shoes, and hearing aids.

(c) For purposes of this section, “medical supplies” means supplies that are prescribed by a licensed provider to meet the medical needs of an inmate and that meet all of the following criteria:

(1) The supplies cannot withstand repeated use.

(2) The supplies are usually disposable in nature.

(3) The supplies are used to serve a medical purpose.

(4) The supplies are not normally useful to an individual in the absence of an illness, injury, functional impairment, or congenital anomaly.

(5) The supplies are intended for use in an outpatient setting.

history: (History: Added by Stats. 2019, Ch. 570, Sec. 6. (AB 45) Effective January 1, 2020.)


citation: PEN § 5008

text: The Secretary of the Department of Corrections and Rehabilitation shall deposit any funds of inmates in his or her possession in trust with the Treasurer pursuant to Section 16305.3 of the Government Code. However, the Secretary of the Department of Corrections and Rehabilitation, shall deposit those funds of inmates in interest-bearing bank accounts or invest or reinvest the funds in any of the securities that are described in Article 1 (commencing with Section 16430) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code and for the purposes of deposit or investment only may mingle the funds of any inmate with the funds of other inmates. Any interest or increment accruing on those funds, less expenses incurred in the investment, shall be deposited in individual inmate or parolee trust accounts on a proportional basis depending upon the amount of funds each individual inmate or parolee account has on deposit.

history: (History: Amended by Stats. 2008, Ch. 210, Sec. 1. Effective January 1, 2009.)