State Codes and Statutes

Statutes > California > Pen > 5000-5030.1

PENAL CODE
SECTION 5000-5030.1



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



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



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



5003.  The department has jurisdiction over the following prisons
and institutions:
   (a) The California State Prison at San Quentin.
   (b) The California State Prison at Folsom.
   (c) The California Institution for Men.
   (d) The California Institution for Women.
   (e) The Deuel Vocational Institution.
   (f) The California Medical Facility.
   (g) The Correctional Training Facility.
   (h) The California Men's Colony.
   (i) The California Correctional Institution at Tehachapi.
   (j) The California Rehabilitation Center.
   (k) The California Correctional Center at Susanville.
   (l) The Sierra Correctional Center.
   (m) The Richard J. Donovan Correctional Facility at Rock Mountain.
   (n) Mule Creek State Prison.
   (o) Northern California Women's Facility.
   (p) Pelican Bay State Prison.
   (q) Avenal State Prison.
   (r) California State Prison--King's County at Corcoran.
   (s) Chuckawalla Valley State Prison.
   (t) Those other institutions and prison facilities as the
Department of Corrections or the Director of Corrections may be
authorized by law to establish, including, but not limited to,
prisons in Madera, Kern, Imperial, and Los Angeles Counties.



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



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



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



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


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




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


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



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


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



5008.  The 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.


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


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



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



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



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


5021.  (a) Any death that occurs in any facility operated by the
Department of Corrections, the Department of the Youth Authority, the
State Department of Mental Health, a city, county, or city and
county, including county juvenile facilities, or any facility which
is under contract with any of these entities for the incarceration,
rehabilitation, holding, or treatment of persons accused or convicted
of crimes, shall be reported within a reasonable time, not to exceed
two hours, of its discovery by authorities in the facility to the
county sheriff, or his or her designated representative, and to the
coroner's office, of the county in which the facility is located, as
provided in Section 27491 of the Government Code. These deaths shall
also be reported to the district attorney, or his or her designated
representative, of the county in which the facility is located as
soon as a representative of the district attorney's office is on
duty. If the facility is located within the city limits of an
incorporated city, the report shall also be made to the chief of
police in that city, or to his or her designated representative,
within a reasonable time, not to exceed two hours, of its discovery.
   Any death of a person in a facility operated by the Department of
Corrections or by the Department of the Youth Authority shall also be
reported to the Chief of Medical Services in the Central Office of
the Department of Corrections, or his or her designated
representative, or to the Chief of Medical Services in the Central
Office of the Department of the Youth Authority, or his or her
designated representative, whichever applies, as soon as a
representative of that office is on duty.
   (b) The initial report of the death of a person required in
subdivision (a) may be transmitted by telephone, direct contact, or
by written notification, and shall outline all pertinent facts known
at the time the report is made and all persons to contact, in
addition to any other information the reporting person or officer
deems pertinent.
   (c) The initial report of the death of a person as required in
subdivision (a) shall be supplemented by a written report, which
shall be submitted to the entities listed in subdivision (a) within
eight hours of the discovery of the death. This written report shall
include all circumstances and details of the death that were known at
the time the report was prepared, and shall include the names of all
persons involved in the death, and all persons with knowledge of the
circumstances surrounding the death.


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



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



5023.2.  (a) In order to promote the best possible patient outcomes,
eliminate unnecessary medical and pharmacy costs, and ensure
consistency in the delivery of health care services, the department
shall maintain a statewide utilization management program that shall
include, but not be limited to, all of the following:
   (1) Objective, evidence-based medical necessity criteria and
utilization guidelines.
   (2) The review, approval, and oversight of referrals to specialty
medical services.
   (3) The management and oversight of community hospital bed usage
and supervision of health care bed availability.
   (4) Case management processes for high medical risk and high
medical cost patients.
   (5) A preferred provider organization (PPO) and related contract
initiatives that improve the coverage, resource allocation, and
quality of contract medical providers and facilities.
   (b) The department shall develop and implement policies and
procedures to ensure that all adult prisons employ the same statewide
utilization management program established pursuant to subdivision
(a) that supports the department's goals for cost-effective auditable
patient outcomes, access to care, an effective and accessible
specialty network, and prompt access to hospital and infirmary
resources. The department shall provide a copy of these policies and
procedures, by July 1, 2011, to the Joint Legislative Budget
Committee, the Senate Committee on Appropriations, the Senate
Committee on Budget and Fiscal Review, the Senate Committee on
Health, the Senate Committee on Public Safety, the Assembly Committee
on Appropriations, the Assembly Committee on Budget, the Assembly
Committee on Health, and the Assembly Committee on Public Safety.
   (c) (1) The department shall establish annual quantitative
utilization management performance objectives to promote greater
consistency in the delivery of contract health care services, enhance
health care quality outcomes, and reduce unnecessary referrals to
contract medical services. On July 1, 2011, the department shall
report the specific quantitative utilization management performance
objectives it intends to accomplish statewide in each adult prison
during the next 12 months to the Joint Legislative Budget Committee,
the Senate Committee on Appropriations, the Senate Committee on
Budget and Fiscal Review, the Senate Committee on Health, the Senate
Committee on Public Safety, the Assembly Committee on Appropriations,
the Assembly Committee on Budget, the Assembly Committee on Health,
and the Assembly Committee on Public Safety.
   (2) The requirement for submitting a report imposed under this
subdivision is inoperative on January 1, 2015, pursuant to Section
10231.5 of the Government Code.
   (d) On March 1, 2012, and each March 1 thereafter, the department
shall report all of the following to the Joint Legislative Budget
Committee, the Senate Committee on Appropriations, the Senate
Committee on Budget and Fiscal Review, the Senate Committee on
Health, the Senate Committee on Public Safety, the Assembly Committee
on Appropriations, the Assembly Committee on Budget, the Assembly
Committee on Health, and the Assembly Committee on Public Safety:
   (1) The extent to which the department achieved the statewide
quantitative utilization management performance objectives set forth
in the report issued the previous March as well as the most
significant reasons for achieving or not achieving those performance
objectives.
   (2) A list of adult prisons that achieved and a list of adult
prisons that did not achieve its quantitative utilization management
performance objectives and the significant reasons for the success or
failure in achieving those performance objectives at each adult
state prison.
   (3) The specific quantitative utilization management performance
objectives the department and each adult state prison intends to
accomplish in the next 12 months.
   (4) A description of planned and implemented initiatives necessary
to accomplish the next 12 months' quantitative utilization
management performance objectives statewide and for each adult state
prison. The department shall describe initiatives that were
considered and rejected and the reasons for their rejection.
   (5) The costs for inmate health care for the previous fiscal year,
both statewide and at each adult state prison, and a comparison of
costs from the fiscal year prior to the fiscal year being reported
both statewide and at each adult state prison.
   (e) It is the intent of the Legislature that any activities the
department undertakes to implement the provisions of this section
shall result in no year over year net increase in state costs.
   (f) The following definitions shall apply to this section:
   (1) "Contract medical costs" mean costs associated with an
approved contractual agreement for the purposes of providing direct
and indirect specialty medical care services.
   (2) "Specialty care" means medical services not delivered by
primary care providers.
   (3) "Utilization management program" means a strategy designed to
ensure that health care expenditures are restricted to those that are
needed and appropriate by reviewing patient-inmate medical records
through the application of defined criteria or expert opinion, or
both. Utilization management assesses the efficiency of the health
care process and the appropriateness of decisionmaking in relation to
the site of care, its frequency, and its duration through
prospective, concurrent, and retrospective utilization reviews.
   (4) "Community hospital" means an institution located within a
city, county, or city and county which is licensed under all
applicable state and local laws and regulations to provide diagnostic
and therapeutic services for the medical diagnosis, treatment, and
care of injured, disabled, or sick persons in need of acute inpatient
medical, psychiatric, or psychological care.
   (g) The requirement for submitting a report imposed under
subdivision (d) is inoperative on March 1, 2016, pursuant to Section
10231.5 of the Government Code.



5023.5.  (a) Notwithstanding any other law, the Department of
Corrections and Rehabilitation may contract with providers of health
care services and health care network providers, including, but not
limited to, health plans, preferred provider organizations, and other
health care network managers. Hospitals that do not contract with
the department for emergency health care services shall provide these
services to the department on the same basis as they are required to
provide these services pursuant to Section 489.24 of Title 42 of the
Code of Federal Regulations. The department may only reimburse a
noncontract provider of hospital or physician services at a rate
equal to or less than the amount payable under the Medicare Fee
Schedule, regardless of whether the hospital is located within or
outside of California.
   (b) An entity that provides ambulance or any other emergency or
nonemergency response service to the department, and that does not
contract with the department for that service, shall be reimbursed
for the service at the rate payable under the Medicare Fee Schedule,
regardless of whether the provider is located within or outside of
California.
   (c) Until regulations or emergency regulations are adopted in
accordance with subdivision (g), the department shall not reimburse a
contract provider of hospital services at a rate that exceeds 130
percent of the amount payable under the Medicare Fee Schedule, a
contract provider of physician services at a rate that exceeds 110
percent of the amount payable under the Medicare Fee Schedule, or a
contract provider of ambulance services at a rate that exceeds 120
percent of the amount payable under the Medicare Fee Schedule. The
maximum rates established by this subdivision shall not apply to
reimbursement for administrative days, transplant services, services
provided pursuant to competitively bid contracts, or services
provided pursuant to a contract executed prior to September 1, 2009.
   (d) The maximum rates set forth in this section shall not apply to
contracts entered into through the department's designated health
care network provider, if any. The rates for those contracts shall be
negotiated at the lowest rate possible under the circumstances.
   (e) The department and its designated health care network provider
may enter into exclusive or nonexclusive contracts on a bid or
negotiated basis for hospital, physician, and ambulance services
contracts.
   (f) The Secretary of the Department of Corrections and
Rehabilitation may adopt regulations to implement this section.
During the existence of the receivership established in United States
District Court for the Northern District of California, Case No.
C01-1351 TEH, Plata v. Schwarzenegger, the adoption, amendment, or
repeal of a regulation authorized by this section is hereby exempted
from the rulemaking provisions of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code).
   (g) The secretary may change the maximum rates set forth in this
section by regulation or emergency regulation, adopted in accordance
with the Administrative Procedure Act, but no sooner than 30 days
after notification to the Joint Legislative Budget Committee. Those
changes may include, but are not limited to, increasing or decreasing
rates, or adding location-based differentials such as those provided
to small and rural hospitals as defined in Section 124840 of the
Health and Safety Code. The adoption, amendment, repeal, or
readoption of a regulation authorized by this section is deemed to
address an emergency, for purposes of Sections 11346.1 and 11349.6 of
the Government Code, and the secretary is hereby exempted for this
purpose from the requirements of subdivision (b) of Section 11346.1
of the Government Code.
   (h) During the existence of the receivership established in United
States District Court for the Northern District of California, Case
No. C01-1351 TEH, Plata v. Schwarzenegger, references in this section
to the "secretary" shall mean the receiver appointed in that action.



5023.6.  (a) The Department of Corrections and Rehabilitation shall,
by January 1, 2011, do all of the following:
   (1) Adopt industry standard claim forms for use by contract health
care service providers.
   (2) Be able to accept secure electronic submission of claims from
contract health care service providers.
   (3) Perform periodic audits of claims paid to contract health care
providers.
   (4) Provide secure, remote electronic access to claim status
information to those contract health care service providers
submitting claims electronically in the manner required by the
department.
   (b) The department may adopt policies and procedures for the
purpose of enabling electronic health care claims management and
processing. The adoption, amendment, or repeal of policies and
procedures for this limited purpose are exempt from the rulemaking
provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code).



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




5024.2.  (a) The Department of Corrections and Rehabilitation is
authorized to maintain and operate a comprehensive pharmacy services
program for those facilities under the jurisdiction of the department
that is both cost effective and efficient, and may incorporate the
following:
   (1) A statewide pharmacy administration system with direct
authority and responsibility for program administration and
oversight.
   (2) Medically necessary pharmacy services using professionally and
legally qualified pharmacists, consistent with the size and the
scope of medical services provided.
   (3) Written procedures and operational practices pertaining to the
delivery of pharmaceutical services.
   (4) A multidisciplinary, statewide Pharmacy and Therapeutics
Committee responsible for all of the following:
   (A) Developing and managing a department formulary.
   (B) Standardizing the strengths and dosage forms for medications
used in department facilities.
   (C) Maintaining and monitoring a system for the review and
evaluation of corrective actions related to errors in prescribing,
dispensing, and administering medications.
   (D) Conducting regular therapeutic category reviews for
medications listed in the department formulary.
   (E) Evaluating medication therapies and providing input to the
development of disease management guidelines used in the department.
   (5) A requirement for the use of generic medications, when
available, unless an exception is reviewed and approved in accordance
with an established nonformulary approval process.
   (6) Use of an enterprise-based pharmacy operating system that
provides management with information on prescription workloads,
medication utilization, prescribing data, and other key pharmacy
information.
   (b) The department is authorized to operate and maintain a
centralized pharmacy distribution center to provide advantages of
scale and efficiencies related to medication purchasing, inventory
control, volume production, drug distribution, workforce utilization,
and increased patient safety. It is the intent of the Legislature
that the centralized pharmacy distribution center and institutional
pharmacies be licensed as pharmacies by the California State Board of
Pharmacy meeting all applicable regulations applying to a pharmacy.
   (1) To the extent it is cost effective and efficient, the
centralized pharmacy distribution center should include systems to do
the following:
   (A) Order and package bulk pharmaceuticals and prescription and
stock orders for all department correctional facilities.
   (B) Label medications as required to meet state and federal
prescription requirements.
   (C) Provide barcode validation matching the drug to the specific
prescription or floor stock order.
   (D) Sort completed orders for shipping and delivery to department
facilities.
   (2) Notwithstanding any other requirements, the department
centralized pharmacy distribution center is authorized to do the
following:
   (A) Package bulk pharmaceuticals into both floor stock and
patient-specific packs.
   (B) Reclaim, for reissue, unused and unexpired medications.
   (C) Distribute the packaged products to department facilities for
use within the state corrections system.
   (3) The centralized pharmacy distribution center should maintain a
system of quality control checks on each process used to package,
label, and distribute medications. The quality control system may
include a regular process of random checks by a licensed pharmacist.
   (c) The department may investigate and initiate potential
systematic improvements in order to provide for the safe and
efficient distribution and control of, and accountability for, drugs
within the department's statewide pharmacy administration system,
taking into account factors unique to the correctional environment.
   (d) The department should ensure that there is a program providing
for the regular inspection of all department pharmacies in the state
to verify compliance with applicable law, rules, regulations, and
other standards as may be appropriate to ensure the health, safety,
and welfare of the department's inmate patients.
   (e) On March 1, 2012, and each March 1 thereafter, the department
shall report all of the following to the Joint Legislative Budget
Committee, the Senate Committee on Appropriations, the Senate
Committee on Budget and Fiscal Review, the Senate Committee on
Health, the Senate Committee on Public Safety, the Assembly Committee
on Appropriations, the Assembly Committee on Budget, the Assembly
Committee on Health, and the Assembly Committee on Public Safety:
   (1) The extent to which the Pharmacy and Therapeutics Committee
has been established and achieved the objectives set forth in this
section, as well as the most significant reasons for achieving or not
achieving those objectives.
   (2) The extent to which the department is achieving the objective
of operating a fully functioning and centralized pharmacy
distribution center, as set forth in this section, that distributes
pharmaceuticals to every adult prison under the jurisdiction of the
department, as well as the most significant reasons for achieving or
not achieving that objective.
   (3) The extent to which the centralized pharmacy distribution
center is achieving cost savings through improved efficiency and
distribution of unit dose medications.
   (4) A description of planned or implemented initiatives to
accomplish the next 12 months' objectives for achieving the goals set
forth in this section, including a fully functioning and centralized
pharmacy distribution center that distributes pharmaceuticals to
every adult facility under the jurisdiction of the department.
   (5) The costs for prescription pharmaceuticals for the previous
fiscal year, both statewide and at each adult prison under the
jurisdiction of the department, and a comparison of these costs with
those of the prior fiscal year.
   (f) The requirement for submitting a report imposed under
subdivision (e) is inoperative on March 1, 2016, pursuant to Section
10231.5 of the Government Code.



5024.5.  (a) The Department of Corrections shall adopt policies,
procedures, and criteria to identify selected medication categories
for the development of utilization protocols based on best practices,
and the use of generic and therapeutic substitutes, as appropriate.
   (b) The department shall develop utilization and treatment
protocols for select medication categories based on defined priority
criteria, including, but not limited to, the cost of the medications.
   (c) On or before April 1, 2006, the department shall provide
information, as part of the fiscal committee budget hearings for the
2006-07 budget year, on the impact of the adoption of these
protocols.
   (d) The department shall coordinate the implementation of this
section with the Department of General Services' prescription drug
bulk purchasing program pursuant to Chapter 12 (commencing with
Section 14977) of Part 5.5 of Division 3 of Title 2 of the Government
Code, in order to better achieve the goals and intent of that
program.
   (e) It is the intent of the Legislature that the department shall
complete the implementation of this section utilizing the existing
resources of the department.



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


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




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



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



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



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

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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