SECTIONS 3410-3424

3410.  The term "community" shall, for the purposes of this chapter,mean an environment away from the prison setting which is in anurban or suburban area.3411.  The Department of Corrections shall on or before January 1,1980, establish and implement a community treatment program underwhich women inmates sentenced to state prison pursuant to Section1168 or 1170 who have one or more children under the age of sixyears, whether born prior to or after January 1, 1976, shall beeligible to participate within the provisions of this section. Thecommunity treatment program shall provide for the release of themother and child or children to a public or private facility in thecommunity suitable to the needs of the mother and child or children,and which will provide the best possible care for the mother andchild. In establishing and operating such program, the departmentshall have as a prime concern the establishment of a safe andwholesome environment for the participating children.3412.  (a) The Department of Corrections shall provide pediatriccare consistent with medical standards and, to the extent feasible,shall be guided by the need to provide the following: (1) A stable, caregiving, stimulating environment for the childrenas developed and supervised by professional guidance in the area ofchild development. (2) Programs geared to assure the stability of the parent-childrelationship during and after participation in the program, to bedeveloped and supervised by appropriate professional guidance. Theseprograms shall, at a minimum, be geared to accomplish the following: (A) The mother's mental stability. (B) The mother's familiarity with good parenting and housekeepingskills. (C) The mother's ability to function in the community, upon paroleor release, as a viable member. (D) The securing of adequate housing arrangements afterparticipation in the program. (E) The securing of adequate child care arrangements afterparticipation in the program. (3) Utilization of the least restrictive alternative toincarceration and restraint possible to achieve the objectives ofcorrection and of this chapter consistent with public safety andjustice. (b) (1) The Department of Corrections shall ensure that thechildren and mothers residing in a community treatment program haveaccess to, and are permitted by the community treatment program toparticipate in, available local Head Start, Healthy Start, andprograms for early childhood development pursuant to the CaliforniaChildren and Families Program (Division 108 (commencing with Section130100) of the Health and Safety Code). (2) The community treatment program shall provide each mother withwritten information about the available local programs, includingthe telephone numbers for enrolling a child in a program. (3) The community treatment program shall also providetransportation to program services and otherwise assist andfacilitate enrollment and participation for eligible children. (4) Nothing in this subdivision shall be construed as granting orrequiring preferential access or enrollment for children ofincarcerated mothers to any of the programs specified in thissubdivision.3413.  In determining how to implement this chapter, the Departmentof Corrections shall be guided by the need to utilize the mostcost-efficient methods possible. Therefore, the Director ofCorrections may enter into contracts, with the approval of theDirector of General Services, with appropriate public or privateagencies, to provide housing, sustenance, services as provided insubdivisions (a) and (b) of Section 3412, and supervision for suchinmates as are eligible for placement in community treatmentprograms. Prisoners in the care of such agencies shall be subject toall provisions of law applicable to them.3414.  The department shall establish reasonable rules andregulations concerning the operation of the program.3415.  (a) The probation department shall, no later than the daythat any woman is sentenced to the state prison, notify such woman ofthe provisions of this chapter, if the term of the stateimprisonment does not exceed six years on the basis of either theprobable release or parole date computed as if the maximum amount ofgood time credit would be granted. The probation department shalldetermine such term of state imprisonment at such time for thepurposes of this section. (b) The woman may, upon the receipt of such notice and uponsentencing to a term in state prison, give notice of her desire to beadmitted to a program under this chapter. The probation departmentor the defendant shall transmit such notice to the Department ofCorrections, and to the appropriate local social services agency thatconducts investigations for child neglect and dependency hearings.3416.  (a) If any woman received by or committed to the Departmentof Corrections has a child under six years of age, or gives birth toa child while an inmate under the jurisdiction of the Department ofCorrections, the child and his or her mother shall, upon her request,be admitted to and retained in a community treatment programestablished by the Department of Corrections, subject to theprovisions of this chapter. (b) Women transferred to community treatment programs remain underthe legal custody of the department and shall be subject at anytime, pursuant to the rules and regulations of the Director ofCorrections, to be detained in the county jail upon the exercise of astate parole or correctional officer's peace officer powers asspecified in Section 830.5, with the consent of the sheriff orcorresponding official having jurisdiction over the facility.3417.  (a) Subject to reasonable rules and regulations adoptedpursuant to Section 3414, the Department of Corrections shall admitto the program any applicant whose child was born prior to thereceipt of the inmate by the department, whose child was born afterthe receipt of the inmate by the department, or who is pregnant, ifall of the following requirements are met: (1) The applicant has a probable release or parole date with amaximum time to be served of six years, calculated after deduction ofany possible good time credit. (2) The applicant was the primary caretaker of the infant prior toincarceration. "Primary caretaker" as used in this chapter means aparent who has consistently assumed responsibility for the housing,health, and safety of the child prior to incarceration. A parent who,in the best interests of the child, has arranged for temporary carefor the child in the home of a relative or other responsible adultshall not for that reason be excluded from the category, "primarycaretaker." (3) The applicant had not been found to be an unfit parent in anycourt proceeding. An inmate applicant whose child has been declared adependent of the juvenile court pursuant to Section 300 of theWelfare and Institutions Code shall be admitted to the program onlyafter the court has found that participation in the program is in thechild's best interest and that it meets the needs of the parent andchild pursuant to paragraph (3) of subdivision (e) of Section 361.5of the Welfare and Institutions Code. The fact that an inmateapplicant's child has been found to come within Section 300 of theWelfare and Institutions Code shall not, in and of itself, be groundsfor denying the applicant the opportunity to participate in theprogram. (b) The Department of Corrections shall deny placement in thecommunity treatment program if it determines that an inmate wouldpose an unreasonable risk to the public, or if any one of thefollowing factors exist, except in unusual circumstances or ifmitigating circumstances exist, including, but not limited to, theremoteness in time of the commission of the offense: (1) The inmate has been convicted of any of the following: (A) A sex offense listed in Section 667.6. (B) A sex offense requiring registration pursuant to Section 290. (C) A violent offense listed in subdivision (c) of Section 667.5. (D) Arson as defined in Sections 450 to 455, inclusive. (E) The unlawful sale or possession for sale, manufacture, ortransportation of controlled substances as defined in Chapter 6(commencing with Section 11350) of Division 10 of the Health andSafety Code, if large scale for profit as defined by the department. (2) There is probability the inmate may abscond from the programas evidenced by any of the following: (A) A conviction of escape, of aiding another person to escape, orof an attempt to escape from a jail or prison. (B) The presence of an active detainer from a law enforcementagency, unless the detainer is based solely upon warrants issued forfailure to appear on misdemeanor Vehicle Code violations. (3) It is probable the inmate's conduct in a community facilitywill be adverse to herself or other participants in the program, asdetermined by the Director of Corrections or as evidenced by any ofthe following: (A) The inmate's removal from a community program which resultedfrom violation of state laws, rules, or regulations governingDepartment of Corrections' inmates. (B) A finding of the inmate's guilt of a serious rule violation,as defined by the Director of Corrections, which resulted in a creditloss on one occasion of 91 or more days or in a credit loss on morethan one occasion of 31 days or more and the credit has not beenrestored. (C) A current written opinion of a staff physician or psychiatristthat the inmate's medical or psychiatric condition is likely tocause an adverse effect upon the inmate or upon other persons if theinmate is placed in the program. (c) Nothing in this section shall be interpreted to limit thediscretion of the Director of Corrections to deny or approveplacement when subdivision (b) does not apply. (d) The Department of Corrections shall determine if the applicantmeets the requirements of this section within 30 days of the parent's application to the program. The department shall establish anappeal procedure for the applicant to appeal an adverse decision bythe department.3418.  (a) In the case of any inmate who gave birth to a child afterthe date of sentencing, and in the case of any inmate who gave birthto a child prior to that date and meets the requirements of Section3417 but has not yet made application for admission to a program, thedepartment shall, at the earliest possible date, but in no caselater than the birth of the child, or the receipt of the inmate tothe custody of the Department of Corrections, as the case may be,notify the inmate of the provisions of this chapter and provide herwith a written application for the program described in this chapter. (b) The notice provided by the department shall contain, but neednot be limited to, guidelines for qualification for, and thetimeframe for application to, the program and the process forappealing a denial of admittance.3419.  (a) In the case of any inmate who gives birth after herreceipt by the Department of Corrections and Rehabilitation, thedepartment shall, subject to reasonable rules and regulationspromulgated pursuant to Section 3414, provide notice of, and awritten application for, the program described in this chapter, andupon her request, declare the inmate eligible to participate in aprogram pursuant to this chapter if all of the requirements ofSection 3417 are met. (b) The notice provided by the department shall contain, but neednot be limited to, guidelines for qualification for, and thetimeframe for application to, the program and the process forappealing a denial of admittance. (c) Any community treatment program, in which an inmate who givesbirth after her receipt by the Department of Corrections andRehabilitation participates, shall include, but is not limited to,the following: (1) Prenatal care. (2) Access to prenatal vitamins. (3) Childbirth education. (4) Infant care.3420.  (a) Within five days after the receipt of an inmate by theDepartment of Corrections who has already applied for admission to aprogram, or of her application for admission to a program, whicheveris later, the department shall give notice of her application to thechild's current caretaker or guardian, if any, and if it has notalready been notified pursuant to Section 3415, the appropriate localsocial services agency that conducts investigations for childneglect and dependency hearings. (b) The department and the individuals and agencies notified shallhave five days from the date of notice to decide whether or not tochallenge the appropriateness of the applicant's entry into theprogram. Lack of a petition filed by that time shall result in apresumption that the individuals and agencies notified do notchallenge the appropriateness of the applicant's entry into theprogram. (c) The local agency which has been notified pursuant to Section3415 shall not initiate the process of considering whether or not tofile until after the sentencing court has sentenced the applicant. (d) The appropriate local agency that conducts investigations forchild neglect and dependency hearings, the Department of Corrections,and the current guardian or caretaker of the child, shall have theauthority to file for a fitness proceeding against the mother afterthe mother has applied in writing to participate in the program. (e) The determination of whether or not to file shall be based inpart on the likelihood of the mother being a fit parent for the childin question both during the program and afterwards. Program contentshall be taken into account in this determination. There shall be apresumption affecting the burden of producing evidence in favor offiling for a fitness proceeding under the following circumstances: (1) The applicant was convicted of one or more of the followingviolent felonies: (A) Murder. (B) Mayhem. (C) Aggravated mayhem. (D) Kidnapping as defined in Section 207 or 209. (E) Lewd acts on a child under 14 as defined in Section 288. (F) Any felony in which the defendant inflicts great bodily injuryon a person other than accomplices which has been alleged andproven. (G) Forcible rape in violation of subdivision (2), (3), or (4) ofSection 261. (H) Sodomy by force, violence, duress, menace, or threat of greatbodily injury. (I) Oral copulation by force, violence, duress, menace, or threatof great bodily injury. (2) The applicant was convicted of child abuse in the current orany proceeding. (f) Fitness petitions shall be resolved in the court of firstinstance as soon as possible for purposes of this section. Given theneed to place the child as soon as possible, the first determinationby the court as to the applicant's fitness as a mother shalldetermine her eligibility for the program for the currentapplication. Outcomes of appeals shall not affect eligibility.3421.  Children of women inmates may only participate in the programuntil they reach the age of six years, at which time the Board ofPrison Terms may arrange for their care elsewhere under any procedureauthorized by statute and transfer the mother to another placementunder the jurisdiction of the Department of Corrections if necessary;and provided further, that at its discretion in exceptional cases,including, but not limited to cases where the mother's period ofincarceration is extended, the board may retain such child and motherfor a longer period of time.3422.  The costs for care of any mother and child placed in acommunity treatment program pursuant to this section shall be paidfor out of funds allocated to the department in the normal budgetaryprocess. The department shall make diligent efforts to procure otherfunding sources for the program.3423.  Any woman inmate who would give birth to a child during herterm of imprisonment may be temporarily taken to a hospital outsidethe prison for the purposes of childbirth, and the charge forhospital and medical care shall be charged against the fundsallocated to the institution. The inmate shall not be shackled by thewrists, ankles, or both during labor, including during transport toa hospital, during delivery, and while in recovery after givingbirth, except as provided in Section 5007.7. The board shall providefor the care of any children so born and shall pay for their careuntil suitably placed, including, but not limited to, placement in acommunity treatment program.3424.  A woman who is pregnant during her incarceration and who isnot eligible for the program described in this chapter shall haveaccess to complete prenatal health care. The department shallestablish minimum standards for pregnant inmates in its custody whoare not placed in a community treatment program including all of thefollowing: (a) A balanced, nutritious diet approved by a doctor. (b) Prenatal and postpartum information and health care,including, but not limited to, access to necessary vitamins asrecommended by a doctor. (c) Information pertaining to childbirth education and infantcare. (d) A dental cleaning while in a state facility.