5050. Commencing July 1, 2005, any reference to the Director of
Corrections in this or any other code refers to the Secretary of the
Department of Corrections and Rehabilitation. As of that date, the
office of the Director of Corrections is abolished.
5051.2. The Director of Corrections shall have wide and successful
administrative experience in adult or youth correctional programs
embodying rehabilitative concepts.
5052. Any officer or employee of the Department of Corrections and
Rehabilitation designated in writing by the secretary, shall have
the power of a head of a department pursuant to Article 2 (commencing
at Section 11180) of Chapter 2, Part 1, Division 3, Title 2, of the
Government Code.
5054. Commencing July 1, 2005, the supervision, management and
control of the state prisons, and the responsibility for the care,
custody, treatment, training, discipline and employment of persons
confined therein are vested in the Secretary of the Department of
Corrections and Rehabilitation.
5054.1. The Secretary of the Department of Corrections and
Rehabilitation has full power to order returned to custody any person
under the secretary's jurisdiction. The written order of the
secretary shall be sufficient warrant for any peace officer to return
to actual custody any escaped state prisoner or any state prisoner
released prior to his or her scheduled release date who should be
returned to custody. All peace officers shall execute an order as
otherwise provided by law.
5054.2. Whenever a person is incarcerated in a state prison for
violating Section 261, 264.1, 266c, 285, 286, 288, 288a, 288.5, or
289, and the victim of one or more of those offenses is a child under
the age of 18 years, the Secretary of the Department of Corrections
and Rehabilitation shall protect the interest of that child victim by
prohibiting visitation between the incarcerated person and the child
victim pursuant to Section 1202.05. The secretary shall allow
visitation only when the juvenile court, pursuant to Section 362.6 of
the Welfare and Institutions Code, finds that visitation between the
incarcerated person and his or her child victim is in the best
interests of the child victim.
5055. Commencing July 1, 2005, all powers and duties previously
granted to and imposed upon the Department of Corrections shall be
exercised by the Secretary of the Department of Corrections and
Rehabilitation, except where those powers and duties are expressly
vested by law in the Board of Parole Hearings.
Whenever a power is granted to the secretary or a duty is imposed
upon the secretary, the power may be exercised or the duty performed
by a subordinate officer to the secretary or by a person authorized
pursuant to law by the secretary.
5056. (a) Each state prison under the jurisdiction of the
department shall have a citizens' advisory committee except that one
committee may serve every prison located in the same city or
community. Each committee shall consist of not more than 15 members
appointed by the institution's warden, nine of whom shall be
appointed from a list of nominations submitted to him or her as
follows:
(1) Two persons from nominations submitted by the Assembly Member
in whose district the prison is located.
(2) Two persons from nominations submitted by the Senator in whose
district the prison is located.
(3) Two persons from nominations submitted by the city council of
the city containing or nearest to the institution.
(4) Two persons from nominations submitted by the county board of
supervisors of the county containing the institution.
(5) One person from nominations submitted by the chief of police
of the city containing or nearest to the institution and the county
sheriff of the county containing the institution.
(b) Where a citizens' advisory committee serves more than one
prison, the warden of each prison served by this committee shall
collaborate with every other warden of a prison served by the
committee for the purpose of appointing committee members.
(c) Each committee shall select its own chairperson by a majority
vote of its members. The term of office of all members shall be two
years. In the event of a vacancy due to resignation, death, or
absence from three consecutive meetings, the appointing power shall
fill the vacancy following receipt of written notification that a
vacancy has occurred.
(d) Each committee shall meet at least once every two months or as
often, on the call of the chairperson, as necessary to carry out the
purposes and duties of the committee. Meetings of the committee
shall be open to the public. The warden of each institution shall
meet with the committee at least four times each year.
The advisory committees of the several institutions shall have the
power of visitation of prison facilities and personnel in
furtherance of the goals of this section.
(e) Nothing in this section shall be construed to require the
disclosure by the department of information which may threaten the
security of an institution or the safety of the surrounding
community, nor shall the power of visitation specified in subdivision
(d) extend to situations where institutional security would be
jeopardized.
5056.1. (a) The Legislature finds and declares that due to the
local conditions resulting in the Chino Valley Independent Fire
District having within its area of service two state institutions
under the jurisdiction of the Department of Corrections and
Rehabilitation, the California Institution for Men and the California
Institution for Women, special legislation is needed to address the
need for the citizens' advisory committees responsible for those
institutions to have an additional member representing the Chino
Valley Independent Fire District.
(b) In addition to the members designated for the citizens'
advisory committees that advise the California Institution for Men
and the California Institution for Women pursuant to Section 5056,
there shall be an additional member representing the Chino Valley
Independent Fire District, nominated by the Chino Valley Independent
Fire District, for selection by the warden, pursuant to Section 5056.
5057. (a) Subject to the powers of the Department of Finance under
Section 13300 of the Government Code, the secretary shall establish
an accounting and auditing system for all of the agencies and
institutions including the prisons which comprise the department in
whatever form that will best facilitate their operation, and may
modify the system from time to time.
(b) The accounting and auditing system shall include those
accounts and records that are necessary to properly account for all
money and property of the inmates.
(c) Except where other disposition is provided by law, all money
belonging to the state received by the department, shall be reported
to the Controller and deposited in the State Treasury monthly.
5057.5. (a) Notwithstanding Section 11005 of the Government Code,
the Director of Corrections may accept a gift or donation of goods or
services to the state following a review and determination by the
director that the gift or donation is not subject to illegal or
discriminatory conditions, that it does not involve the expenditure
of state funds, and that the acceptance of the gift is in the best
interests of the state.
(b) Notwithstanding subdivision (a), the acceptance of a gift or
donation that would involve any expenditure of state funds shall be
subject to Section 11005 of the Government Code.
(c) It is the intent of the Legislature in enacting this section
to recognize the significant contribution that private donors of
goods and services can make in supporting the corrections system, and
the development of effective vocational education and correctional
industries in our prison system. With that objective in mind, the
Director of Corrections is encouraged to further develop the current
system of gifts and donations through the design of a prompt and
efficient review procedure that will encourage donors and protect the
interests of the state.
5058. (a) The director may prescribe and amend rules and
regulations for the administration of the prisons and for the
administration of the parole of persons sentenced under Section 1170
except those persons who meet the criteria set forth in Section 2962.
The rules and regulations shall be promulgated and filed pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, except as otherwise provided in
this section and Sections 5058.1 to 5058.3, inclusive. All rules and
regulations shall, to the extent practical, be stated in language
that is easily understood by the general public.
For any rule or regulation filed as regular rulemaking as defined
in paragraph (5) of subdivision (a) of Section 1 of Title 1 of the
California Code of Regulations, copies of the rule or regulation
shall be posted in conspicuous places throughout each institution and
shall be mailed to all persons or organizations who request them no
less than 20 days prior to its effective date.
(b) The director shall maintain, publish and make available to the
general public, a compendium of the rules and regulations
promulgated by the director pursuant to this section and Sections
5058.1 to 5058.3, inclusive.
(c) The following are deemed not to be "regulations" as defined in
Section 11342.600 of the Government Code:
(1) Rules issued by the director applying solely to a particular
prison or other correctional facility, provided that the following
conditions are met:
(A) All rules that apply to prisons or other correctional
facilities throughout the state are adopted by the director pursuant
to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code.
(B) All rules except those that are excluded from disclosure to
the public pursuant to subdivision (f) of Section 6254 of the
Government Code are made available to all inmates confined in the
particular prison or other correctional facility to which the rules
apply and to all members of the general public.
(2) Short-term criteria for the placement of inmates in a new
prison or other correctional facility, or subunit thereof, during its
first six months of operation, or in a prison or other correctional
facility, or subunit thereof, planned for closing during its last six
months of operation, provided that the criteria are made available
to the public and that an estimate of fiscal impact is completed
pursuant to Sections 6650 to 6670, inclusive, of the State
Administrative Manual.
(3) Rules issued by the director that are excluded from disclosure
to the public pursuant to subdivision (f) of Section 6254 of the
Government Code.
5058.1. (a) For the purposes of this section, "pilot program" means
a program implemented on a temporary and limited basis in order to
test and evaluate the effectiveness of the program, develop new
techniques, or gather information.
(b) The adoption, amendment, or repeal of a regulation by the
director to implement a legislatively mandated or authorized pilot
program or a departmentally authorized pilot program, is exempt from
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, if the following conditions are
met:
(1) A pilot program affecting male inmates affects no more than 10
percent of the total state male inmate population; a pilot program
affecting female inmates affects no more than 10 percent of the total
state female inmate population; and a pilot program affecting male
and female inmates affects no more than 10 percent of the total state
inmate population.
(2) The director certifies in writing that the regulations apply
to a pilot program that qualifies for exemption under this section.
The certification shall include a description of the pilot program
and of the methods the department will use to evaluate the results of
the pilot program.
(3) The certification and regulations are filed with the Office of
Administrative Law and the regulations are made available to the
public by publication pursuant to subparagraph (F) of paragraph (3)
of subdivision (b) of Section 6 of Title 1 of the California Code of
Regulations.
(4) An estimate of fiscal impact is completed pursuant to Sections
6650 to 6670, inclusive, of the State Administrative Manual.
(c) The adoption, amendment, or repeal of a regulation pursuant to
this section becomes effective immediately upon filing with the
Secretary of State.
(d) A regulation adopted pursuant to this section is repealed by
operation of law, and the amendment or repeal of a regulation
pursuant to this section is reversed by operation of law, two years
after the commencement of the pilot program being implemented, unless
the adoption, amendment, or repeal of the regulation is promulgated
by the director pursuant to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code. For
the purpose of this subdivision, a pilot program commences on the
date the first regulatory change implementing the program is filed
with the Secretary of State.
5058.2. (a) Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code does not apply to a
department action or policy implementing an action, that is based on
a determination by the director that there is a compelling need for
immediate action, and that unless the action is taken, serious
injury, illness, or death is likely to result. The action, or the
policy implementing the action, may be taken provided that the
following conditions shall subsequently be met:
(1) A written determination of imminent danger shall be issued
describing the compelling need and why the specific action or actions
must be taken to address the compelling need.
(2) The written determination of imminent danger shall be mailed
within 10 working days to every person who has filed a request for
notice of regulatory actions with the department and to the Chief
Clerk of the Assembly and the Secretary of the Senate for referral to
the appropriate policy committees.
(b) Any policy in effect pursuant to a determination of imminent
danger shall lapse by operation of law 15 calendar days after the
date of the written determination of imminent danger unless an
emergency regulation is filed with the Office of Administrative Law
pursuant to Section 5058.3. This section shall in no way exempt the
department from compliance with other provisions of law related to
fiscal matters of the state.
5058.3. (a) Emergency adoption, amendment, or repeal of a
regulation by the director shall be conducted pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code, except with respect to the following:
(1) Notwithstanding subdivision (e) of Section 11346.1 of the
Government Code, the initial effective period for an emergency
adoption, amendment, or repeal of a regulation shall be 160 days.
(2) Notwithstanding subdivision (b) of Section 11346.1 of the
Government Code, no showing of emergency is necessary in order to
adopt, amend, or repeal an emergency regulation if the director
instead certifies, in a written statement filed with the Office of
Administrative Law, that operational needs of the department require
adoption, amendment, or repeal of the regulation on an emergency
basis. The written statement shall include a description of the
underlying facts and an explanation of the operational need to use
the emergency rulemaking procedure. This paragraph provides an
alternative to filing a statement of emergency pursuant to
subdivision (b) of Section 11346.1 of the Government Code. It does
not preclude filing a statement of emergency. This paragraph only
applies to the initial adoption and one readoption of an emergency
regulation.
(3) Notwithstanding subdivision (b) of Section 11349.6 of the
Government Code, the adoption, amendment, or repeal of a regulation
pursuant to paragraph (2) shall be reviewed by the Office of
Administrative Law within 20 calendar days after its submission. In
conducting its review, the Office of Administrative Law shall accept
and consider public comments for the first 10 calendar days of the
review period. Copies of any comments received by the Office of
Administrative Law shall be provided to the department.
(4) Regulations adopted pursuant to paragraph (2) of subdivision
(a) are not subject to the requirements of paragraph (2) of
subdivision (a) of Section 11346.1 of the Government Code.
(b) It is the intent of the Legislature, in authorizing the
deviations in this section from the requirements and procedures of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, to authorize the department to
expedite the exercise of its power to implement regulations as its
unique operational circumstances require.
5058.4. (a) The director shall provide for the development and
implementation of a disciplinary matrix with offenses and associated
punishments applicable to all department employees, in order to
ensure notice and consistency statewide. The disciplinary matrix
shall take into account aggravating and mitigating factors for
establishing a just and proper penalty for the charged misconduct, as
required by the California Supreme Court in Skelly v. State
Personnel Board (1975) 15 Cal.3d 194. The presence of aggravating or
mitigating factors may result in the imposition of a greater or a
lesser penalty than might otherwise be mandated by the disciplinary
matrix.
(b) The director shall adopt a code of conduct for all employees
of the department.
(c) The director shall ensure that employees who have reported
improper governmental activities and who request services from the
department are informed of the services available to them.
(d) The department shall post the code of conduct in locations
where employee notices are maintained. On July 1, 2005, and annually
thereafter, the department shall send by electronic mail to its
employees who have authorized access to electronic mail, the
following:
(1) Information regarding the code of conduct.
(2) The duty to report misconduct.
(3) How to report misconduct.
(4) The duty to fully cooperate during investigations.
(5) Assurances against retaliation.
5058.5. In addition to the services rendered by physicians and
surgeons, including psychiatrists, or by psychologists, pursuant to
Sections 5068 and 5079, physicians and surgeons, including
psychiatrists and psychologists, employed by, or under contract to
provide mental health services to, the Department of Corrections may
also provide the following medically or psychologically necessary
services: prescreening of mental disorders; determination of the
mental competency of inmates to participate in classification
hearings; evaluation of parolees during temporary detention;
determining whether mental health treatment should be a condition of
parole; and such other services as may be required which are
consistent with their licensure.
5058.6. The Director of the Department of Corrections shall have
the authority of a head of a department set forth in subdivision (e)
of Section 11181 of the Government Code to issue subpoenas as
provided in Article 2 (commencing with Section 11180) of Chapter 2 of
Division 3 of Title 2 of the Government Code. The department shall
adopt regulations on the policies and guidelines for the issuance of
subpoenas.
5059. This title shall not affect the powers or jurisdiction of the
Department of Transportation as to road camps pursuant to Article 4
(commencing with Section 2760) of Chapter 5 of Title 1 of Part 3.
5060. The Director of Corrections may assist persons discharged,
paroled, or otherwise released from confinement in an institution of
the department and may secure employment for them, and for such
purposes he may employ necessary officers and employees, may purchase
tools, and give any other assistance that, in his judgment, he deems
proper for the purpose of carrying out the objects and spirit of
this section. Repayment of cash assistance received under this
section from the current, or any prior appropriation, shall be
credited to the appropriation current at time of such repayment.
5061. Whenever any person confined in any state institution subject
to the jurisdiction of the Director of Corrections dies, and no
demand or claim is made upon the director or his or her designee for
the body of the deceased inmate by the inmate's next of kin or
legally appointed representative, the director shall dispose of the
body by cremation or burial no sooner than 10 calendar days after the
inmate's death. The director or his or her designee may waive the
10-day waiting period for disposal of the deceased inmate's body if
confirmation is received that the inmate's next of kin, or legally
appointed representative, refuses to take possession of the body. If
any personal funds or property of that person remains in the custody
or possession of the Director of Corrections, the funds shall be
applied to the payment of his or her cremation or burial expenses and
related charges in an amount not exceeding those expenses and
charges. If no demand or claim is made upon the director by the owner
of the funds or property or his or her legally appointed
representative, the director shall hold and dispose of those funds or
property as follows:
(a) If the decedent leaves a will, the director shall, within 30
days after the date of death of the decedent, deliver the will to the
clerk of the superior court having jurisdiction of the estate. If an
executor is named in the will, the director shall furnish him or her
written notice of the delivery of the will as provided in this
section.
(b) All money or other personal property of the decedent remaining
in the custody or possession of the director shall be held by him or
her for a period of one year from the date of death of the decedent,
for the benefit of the heirs, legatees or successors in interest of
that decedent.
(c) Upon the expiration of the one-year period, any money
remaining unclaimed in the custody or possession of the director
shall be delivered by him or her to the Treasurer for deposit in the
Unclaimed Property Fund under Article 1 (commencing with Section
1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil
Procedure.
(d) Upon the expiration of the one-year period, all personal
property and documents of the decedent, other than cash, remaining
unclaimed in the custody or possession of the director, shall be
disposed of as follows:
(1) All deeds, contracts, or assignments shall be filed by the
director with the public administrator of the county of commitment of
the decedent.
(2) All other personal property shall be sold by the director at
public auction, or upon a sealed-bid basis, and the proceeds of the
sale delivered by him or her to the Treasurer in the same manner as
is provided in this section with respect to unclaimed money of the
decedent. If he or she deems it expedient to do so, the director may
accumulate the property of several decedents and sell the property in
such lots as he or she may determine, provided that he or she makes
a determination as to each decedent's share of the proceeds.
(3) If any personal property of the decedent is not salable at
public auction, or upon a sealed-bid basis, or if it has no intrinsic
value, or if its value is not sufficient to justify the deposit of
the property in the State Treasury, the director may order it
destroyed.
(4) All other unclaimed personal property of the decedent not
disposed of as provided in paragraph (1), (2), or (3), shall be
delivered by the director to the Controller for deposit in the State
Treasury under Article 1 (commencing with Section 1440) of Chapter 6
of Title 10 of Part 3 of the Code of Civil Procedure.
5062. Whenever any person confined in any state institution subject
to the jurisdiction of the Director of Corrections escapes, or is
discharged or paroled from that institution, and any personal funds
or property of that person remains in the hands of the Director of
Corrections, and no demand is made upon the director by the owner of
the funds or property or his or her legally appointed representative,
all money and other intangible personal property of the person,
other than deeds, contracts, or assignments, remaining in the custody
or possession of the director shall be held by him or her for a
period of three years from the date of that escape, discharge, or
parole, for the benefit of that person or his or her successors in
interest.
Upon the expiration of the three-year period, any money and other
intangible personal property, other than deeds, contracts, or
assignments, remaining unclaimed in the custody or possession of the
director shall be subject to Article 1 (commencing with Section 1500)
of Chapter 7 of Title 10 of Part 3 of the Code of Civil Procedure.
Upon the expiration of one year from the date of that escape,
discharge, or parole:
(a) All deeds, contracts, or assignments shall be filed by the
director with the public administrator of the county of commitment of
that person.
(b) All tangible personal property other than money, remaining
unclaimed in his or her custody or possession, shall be sold by the
director at public auction, or upon a sealed-bid basis, and the
proceeds of the sale shall be held by him or her subject to Section
5008 and subject to Article 1 (commencing with Section 1500) of
Chapter 7 of Title 10 of Part 3 of the Code of Civil Procedure. If he
or she deems it expedient to do so, the director may accumulate the
property of several inmates and may sell the property in lots as he
or she may determine, provided that he or she makes a determination
as to each inmate's share of the proceeds.
If any tangible personal property covered by this section is not
salable at public auction or upon a sealed-bid basis, or if it has no
intrinsic value, or if its value is not sufficient to justify its
retention by the director to be offered for sale at public auction or
upon a sealed-bid basis at a later date, the director may order it
destroyed.
5063. Before any money or other personal property or documents are
delivered to the State Treasurer, State Controller, or public
administrator, or sold at auction or upon a sealed-bid basis, or
destroyed, under the provisions of Section 5061, and before any
personal property or documents are delivered to the public
administrator, or sold at auction or upon a sealed-bid basis, or
destroyed, under the provisions of Section 5062, of this code, notice
of said intended disposition shall be posted at least 30 days prior
to the disposition, in a public place at the institution where the
disposition is to be made, and a copy of such notice shall be mailed
to the last known address of the owner or deceased owner, at least 30
days prior to such disposition. The notice prescribed by this
section need not specifically describe each item of property to be
disposed of.
5064. At the time of delivering any money or other personal
property to the Treasurer or Controller under Section 5061 or of
Article 1 (commencing with Section 1500) of Chapter 7 of Title 10 of
Part 3 of the Code of Civil Procedure, the director shall deliver to
the Controller a schedule setting forth a statement and description
of all money and other personal property delivered, and the name and
last known address of the owner or deceased owner.
5065. When any personal property has been destroyed as provided in
Section 5061 or 5062, no suit shall thereafter be maintained by any
person against the State or any officer thereof for or on account of
such property.
5066. The Director of Corrections shall expand the existing prison
ombudsman program to ensure the comprehensive deployment of ombudsmen
throughout the state prison system with specific focus on the
maximum security institutions.
5068. The Director of Corrections shall cause each person who is
newly committed to a state prison to be examined and studied. This
includes the investigation of all pertinent circumstances of the
person's life such as the existence of any strong community and
family ties, the maintenance of which may aid in the person's
rehabilitation, and the antecedents of the violation of law because
of which he or she has been committed to prison. Any person may be
reexamined to determine whether existing orders and dispositions
should be modified or continued in force.
Upon the basis of the examination and study, the Director of
Corrections shall classify prisoners; and when reasonable, the
director shall assign a prisoner to the institution of the
appropriate security level and gender population nearest the prisoner'
s home, unless other classification factors make such a placement
unreasonable.
As used in this section, "reasonable" includes consideration of
the safety of the prisoner and the institution, the length of term,
and the availability of institutional programs and housing.
As used in this section, "prisoner's home" means a place where the
prisoner's spouse, parents, or children reside at the time of
commitment.
When the diagnostic study of any inmate committed under
subdivision (b) of Section 1168 so indicates, the director shall
cause a psychiatric or psychological report to be prepared for the
Community Release Board prior to the release of the inmate. The
report shall be prepared by a psychiatrist or psychologist licensed
to practice in this state.
Before the release of any inmate committed under subdivision (b)
of Section 1168, the director shall provide the Community Release
Board with a written evaluation of the prisoner.
5068.5. (a) Notwithstanding any other law, except as provided in
subdivisions (b) and (c), any person employed or under contract to
provide diagnostic, treatment, or other mental health services in the
state or to supervise or provide consultation on these services in
the state correctional system shall be a physician and surgeon, a
psychologist, or other health professional, licensed to practice in
this state.
(b) Notwithstanding Section 5068 or Section 704 of the Welfare and
Institutions Code, the following persons are exempt from the
requirements of subdivision (a), so long as they continue in
employment in the same class and in the same department:
(1) Persons employed on January 1, 1985, as psychologists to
provide diagnostic or treatment services including those persons on
authorized leave but not including intermittent personnel.
(2) Persons employed on January 1, 1989, to supervise or provide
consultation on the diagnostic or treatment services including
persons on authorized leave but not including intermittent personnel.
(c) (1) The requirements of subdivision (a) may be waived by the
secretary solely for persons in the professions of psychology or
clinical social work who are gaining qualifying experience for
licensure in those professions in this state. Providers working in a
licensed health care facility operated by the department must receive
a waiver in accordance with Section 1277 of the Health and Safety
Code.
(2) A waiver granted pursuant to this subdivision shall not exceed
three years from the date the employment commences in this state in
the case of psychologists, or four years from commencement of the
employment in this state in the case of clinical social workers, at
which time licensure shall have been obtained or the employment shall
be terminated, except that an extension of a waiver of licensure for
clinical social workers may be granted for one additional year,
based on extenuating circumstances determined by the department
pursuant to subdivision (d). For persons employed as psychologists or
clinical social workers less than full time, an extension of a
waiver of licensure may be granted for additional years proportional
to the extent of part-time employment, as long as the person is
employed without interruption in service, but in no case shall the
waiver of licensure exceed six years in the case of clinical social
workers or five years in the case of psychologists. However, this
durational limitation upon waivers shall not apply to active
candidates for a doctoral degree in social work, social welfare, or
social science who are enrolled at an accredited university, college,
or professional school, but these limitations shall apply following
completion of that training.
(3) A waiver pursuant to this subdivision shall be granted only to
the extent necessary to qualify for licensure, except that personnel
recruited for employment from outside this state and whose
experience is sufficient to gain admission to a licensure examination
shall nevertheless have one year from the date of their employment
in California to become licensed, at which time licensure shall have
been obtained or the employment shall be terminated, provided that
the employee shall take the licensure examination at the earliest
possible date after the date of his or her employment, and if the
employee does not pass the examination at that time, he or she shall
have a second opportunity to pass the next possible examination,
subject to the one-year limit for clinical social workers, and
subject to a two-year limit for psychologists.
(d) The department shall grant a request for an extension of a
waiver of licensure for a clinical social worker pursuant to
subdivision (c) based on extenuating circumstances if any of the
following circumstances exist:
(1) The person requesting the extension has experienced a recent
catastrophic event that may impair the person's ability to qualify
for and pass the licensure examination. Those events may include, but
are not limited to, significant hardship caused by a natural
disaster; serious and prolonged illness of the person; serious and
prolonged illness or death of a child, spouse, or parent; or other
stressful circumstances.
(2) The person requesting the extension has difficulty speaking or
writing the English language, or other cultural and ethnic factors
exist which substantially impair the person's ability to qualify for
and pass the license examination.
(3) The person requesting the extension has experienced other
personal hardship that the department, in its discretion, determines
to warrant the extension.
5069. (a) The administrative director of the Division of Industrial
Accidents shall formulate procedures for the selection and orderly
referral of injured inmates of state penal or correctional
institutions who may be benefited by rehabilitation services and
retrained for other positions upon release from incarceration. The
State Department of Rehabilitation shall cooperate in both designing
and monitoring results of rehabilitation programs for the disabled
inmates. The primary purpose of this section is to rehabilitate
injured inmates in order that they might engage in suitable and
gainful employment upon their release.
(b) The director shall notify the injured inmate of the
availability of rehabilitation services in those cases where there is
continuing disability of 28 days and beyond. A copy of such
notification shall be forwarded to the State Department of
Rehabilitation.
(c) The initiation of a rehabilitation plan shall be the
responsibility of the director.
(d) Upon establishment of a rehabilitation plan, the injured
inmate shall cooperate in carrying it out.
(e) The injured inmate shall receive such medical and vocational
rehabilitative services as may be reasonably necessary to restore him
to suitable employment.
(f) The injured inmate's rehabilitation benefit is an additional
benefit and shall not be converted to or replace any workmen's
compensation benefit available to him.
5070. Notwithstanding any other provision of law, the sex of a
prison inmate shall not prevent the Director of Corrections from
assigning any prison inmate to academic or vocational training
programs situated in correctional institutions established for the
incarceration of offenders of the opposite sex.
5071. (a) The Secretary of the Department of Corrections and
Rehabilitation shall not assign any prison inmate to employment that
provides that inmate with access to personal information of private
individuals, including, but not limited to, the following: addresses;
telephone numbers; health insurance, taxpayer, school, or employee
identification numbers; mothers' maiden names; demand deposit
account, debit card, credit card, savings account, or checking
account numbers, PINs, or passwords; social security numbers; places
of employment; dates of birth; state- or government-issued driver's
license or identification numbers; alien registration numbers;
government passport numbers; unique biometric data, such as
fingerprints, facial scan identifiers, voice prints, retina or iris
images, or other similar identifiers; unique electronic
identification numbers; address or routing codes; and
telecommunication identifying information or access devices.
(b) Any person who is a prison inmate, and who has access to any
personal information, shall disclose that he or she is a prison
inmate before taking any personal information from anyone.
(c) This section shall not apply to inmates in employment programs
or public service facilities where incidental contact with personal
information may occur.
5072. (a) Notwithstanding any other provision of law, the State
Department of Corrections and Rehabilitation and the State Department
of Health Care Services may develop a process to maximize federal
financial participation for the provision of inpatient hospital
services rendered to individuals who, but for their institutional
status as inmates, are otherwise eligible for Medi-Cal pursuant to
Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of
the Welfare and Institutions Code or for the Coverage Expansion and
Enrollment Demonstration (CEED) Project pursuant to Part 3.6
(commencing with Section 15909) of Division 9 of the Welfare and
Institutions Code.
(b) (1) A CEED project shall reimburse a provider for the delivery
of inpatient hospital services pursuant to this section rendered to
an inmate whose county of last legal residence participates in the
CEED project.
(2) The State Department of Health Care Services may at its
discretion require a CEED Project, as a condition of participation as
a CEED project, to enroll an eligible inmate whose county of last
legal residence participates in that CEED project.
(c) (1) The Secretary of the Department of Corrections and
Rehabilitation, in conjunction with the State Department of Health
Care Services, shall develop a process to compensate CEED projects
for the nonfederal share of the payment they expend for both the
provision of inpatient hospital services rendered to inmates
according to this section and for any administrative costs incurred
in support of those services.
(2) Under the process described in paragraph (1), CEED projects
shall be held harmless for any disallowance or deferral when federal
action is taken due to the implementation of the state's policies,
directions, or requirements for the provision of services under this
section.
(3) Under the process described in paragraph (1), CEED projects
shall not experience any additional net expenditures of county funds
due to the provision of services under this section.
(4) Under the process described in paragraph (1), payments made by
CEED projects to providers for the delivery of hospital inpatient
services under this section shall be based upon the rate of
reimbursement that the department paid prior to the enactment of this
section, as adjusted under state law or department contract.
(5) As part of the process described in paragraph (1), the
department shall compensate a CEED project, in the form of a direct
grant, for uncompensated, allowable costs incurred as a result of
delivering services under this section, including hospital inpatient
services rendered to an inmate by an out-of-network provider.
(6) The state shall indemnify and hold harmless participating
entities that operate CEED projects, including all counties, and all
counties that operate in a consortium that participates as a CEED
project, against any and all losses, including, but not limited to,
claims, demands, liabilities, court costs, judgments, or obligations,
due to the implementation of this section as directed by the
secretary and the State Department of Health Care Services.
(d) (1) Nothing in this section shall be interpreted to restrict
or limit the eligibility or alter county responsibility for payment
of any service delivered to a parolee who has been released from
detention or incarceration and now resides in a county that
participates in the CEED project. If otherwise eligible for the
county's CEED project, the CEED project shall enroll the parolee.
(2) Notwithstanding paragraph (1), at the option of the state, for
enrolled parolees who have been released from detention or
incarceration and now reside in a county that participates in a CEED
project, the CEED project shall reimburse providers for the delivery
of services which are otherwise the responsibility of the state to
provide. Payment for these medical services, including both the state
and federal shares of reimbursement, shall be included as part of
the reimbursement process described in paragraph (1) of subdivision
(c).
(3) Enrollment of individuals in a CEED project under this
subdivision shall be subject to any enrollment limitations described
in subdivision (g) of Section 15910 of the Welfare and Institutions
Code.
(e) The department shall be responsible to the CEED project for
the nonfederal share of any reimbursement made for the provision of
inpatient hospital services rendered to inmates pursuant to this
section who are eligible for and enrolled in that CEED project.
(f) Except as otherwise provided by paragraph (5) of subdivision
(c), and notwithstanding any other provision of law, the inpatient
hospital services eligible for reimbursement under this section shall
be limited to only those services which are subject to funding with
federal financial participation pursuant to Title XIX of the Social
Security Act.
(g) This section shall have no force or effect if there is a final
judicial determination made by any state or federal court that is
not appealed, or by a court of appellate jurisdiction that is not
further appealed, in any action by any party, or a final
determination by the administrator of the federal Centers for
Medicare and Medicaid Services, that limits or affects the department'
s authority to select the hospitals used to provide inpatient
hospital services to inmates.
(h) It is the intent of the Legislature that the implementation of
this section will result in state General Fund savings for the
funding of inpatient hospital services and any related administrative
costs to the inmate population.
(i) Any agreements entered into between the department and any
CEED project to provide for reimbursement of services and
administrative expenditures as described in subdivision (c) shall not
be subject to Part 2 (commencing with Section 10100) of Division 2
of the Public Contract Code.
(j) This section shall be implemented in a manner that is
consistent with federal Medicaid law and regulations. The Director of
the State Department of Health Care Services shall seek any federal
approvals necessary for the implementation of this section. This
section shall be implemented only if and to the extent that any
necessary federal approval is obtained, and only to the extent that
existing levels of federal financial participation are not otherwise
jeopardized.
(k) To the extent that the Director of the State Department of
Health Care Services determines that existing levels of federal
financial participation are jeopardized, this section shall no longer
be implemented.
(l) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the State
Department of Health Care Services may, without taking any further
regulatory action, implement this section by means of all-county
letters, provider bulletins, facility letters, or similar
instructions.
(m) For purposes of this section, the following terms have the
following meanings:
(1) The term "county of last legal residence" means the county in
which the inmate resided at the time of arrest that resulted in
conviction and incarceration in a state prison facility.
(2) The term "inmate" means an adult who is involuntarily residing
in a state prison facility operated, administered, or regulated,
directly or indirectly, by the department.
(3) During the existence of the receivership established in United
States District Court for the Northern District of California, Case
No. CO1-1351 TEH, Plata v. Schwarzenegger, references in this section
to the "secretary" shall mean the receiver appointed in that action,
who shall implement portions of this section that would otherwise be
within the secretary's responsibility.
5050. Commencing July 1, 2005, any reference to the Director of
Corrections in this or any other code refers to the Secretary of the
Department of Corrections and Rehabilitation. As of that date, the
office of the Director of Corrections is abolished.
5051.2. The Director of Corrections shall have wide and successful
administrative experience in adult or youth correctional programs
embodying rehabilitative concepts.
5052. Any officer or employee of the Department of Corrections and
Rehabilitation designated in writing by the secretary, shall have
the power of a head of a department pursuant to Article 2 (commencing
at Section 11180) of Chapter 2, Part 1, Division 3, Title 2, of the
Government Code.
5054. Commencing July 1, 2005, the supervision, management and
control of the state prisons, and the responsibility for the care,
custody, treatment, training, discipline and employment of persons
confined therein are vested in the Secretary of the Department of
Corrections and Rehabilitation.
5054.1. The Secretary of the Department of Corrections and
Rehabilitation has full power to order returned to custody any person
under the secretary's jurisdiction. The written order of the
secretary shall be sufficient warrant for any peace officer to return
to actual custody any escaped state prisoner or any state prisoner
released prior to his or her scheduled release date who should be
returned to custody. All peace officers shall execute an order as
otherwise provided by law.
5054.2. Whenever a person is incarcerated in a state prison for
violating Section 261, 264.1, 266c, 285, 286, 288, 288a, 288.5, or
289, and the victim of one or more of those offenses is a child under
the age of 18 years, the Secretary of the Department of Corrections
and Rehabilitation shall protect the interest of that child victim by
prohibiting visitation between the incarcerated person and the child
victim pursuant to Section 1202.05. The secretary shall allow
visitation only when the juvenile court, pursuant to Section 362.6 of
the Welfare and Institutions Code, finds that visitation between the
incarcerated person and his or her child victim is in the best
interests of the child victim.
5055. Commencing July 1, 2005, all powers and duties previously
granted to and imposed upon the Department of Corrections shall be
exercised by the Secretary of the Department of Corrections and
Rehabilitation, except where those powers and duties are expressly
vested by law in the Board of Parole Hearings.
Whenever a power is granted to the secretary or a duty is imposed
upon the secretary, the power may be exercised or the duty performed
by a subordinate officer to the secretary or by a person authorized
pursuant to law by the secretary.
5056. (a) Each state prison under the jurisdiction of the
department shall have a citizens' advisory committee except that one
committee may serve every prison located in the same city or
community. Each committee shall consist of not more than 15 members
appointed by the institution's warden, nine of whom shall be
appointed from a list of nominations submitted to him or her as
follows:
(1) Two persons from nominations submitted by the Assembly Member
in whose district the prison is located.
(2) Two persons from nominations submitted by the Senator in whose
district the prison is located.
(3) Two persons from nominations submitted by the city council of
the city containing or nearest to the institution.
(4) Two persons from nominations submitted by the county board of
supervisors of the county containing the institution.
(5) One person from nominations submitted by the chief of police
of the city containing or nearest to the institution and the county
sheriff of the county containing the institution.
(b) Where a citizens' advisory committee serves more than one
prison, the warden of each prison served by this committee shall
collaborate with every other warden of a prison served by the
committee for the purpose of appointing committee members.
(c) Each committee shall select its own chairperson by a majority
vote of its members. The term of office of all members shall be two
years. In the event of a vacancy due to resignation, death, or
absence from three consecutive meetings, the appointing power shall
fill the vacancy following receipt of written notification that a
vacancy has occurred.
(d) Each committee shall meet at least once every two months or as
often, on the call of the chairperson, as necessary to carry out the
purposes and duties of the committee. Meetings of the committee
shall be open to the public. The warden of each institution shall
meet with the committee at least four times each year.
The advisory committees of the several institutions shall have the
power of visitation of prison facilities and personnel in
furtherance of the goals of this section.
(e) Nothing in this section shall be construed to require the
disclosure by the department of information which may threaten the
security of an institution or the safety of the surrounding
community, nor shall the power of visitation specified in subdivision
(d) extend to situations where institutional security would be
jeopardized.
5056.1. (a) The Legislature finds and declares that due to the
local conditions resulting in the Chino Valley Independent Fire
District having within its area of service two state institutions
under the jurisdiction of the Department of Corrections and
Rehabilitation, the California Institution for Men and the California
Institution for Women, special legislation is needed to address the
need for the citizens' advisory committees responsible for those
institutions to have an additional member representing the Chino
Valley Independent Fire District.
(b) In addition to the members designated for the citizens'
advisory committees that advise the California Institution for Men
and the California Institution for Women pursuant to Section 5056,
there shall be an additional member representing the Chino Valley
Independent Fire District, nominated by the Chino Valley Independent
Fire District, for selection by the warden, pursuant to Section 5056.
5057. (a) Subject to the powers of the Department of Finance under
Section 13300 of the Government Code, the secretary shall establish
an accounting and auditing system for all of the agencies and
institutions including the prisons which comprise the department in
whatever form that will best facilitate their operation, and may
modify the system from time to time.
(b) The accounting and auditing system shall include those
accounts and records that are necessary to properly account for all
money and property of the inmates.
(c) Except where other disposition is provided by law, all money
belonging to the state received by the department, shall be reported
to the Controller and deposited in the State Treasury monthly.
5057.5. (a) Notwithstanding Section 11005 of the Government Code,
the Director of Corrections may accept a gift or donation of goods or
services to the state following a review and determination by the
director that the gift or donation is not subject to illegal or
discriminatory conditions, that it does not involve the expenditure
of state funds, and that the acceptance of the gift is in the best
interests of the state.
(b) Notwithstanding subdivision (a), the acceptance of a gift or
donation that would involve any expenditure of state funds shall be
subject to Section 11005 of the Government Code.
(c) It is the intent of the Legislature in enacting this section
to recognize the significant contribution that private donors of
goods and services can make in supporting the corrections system, and
the development of effective vocational education and correctional
industries in our prison system. With that objective in mind, the
Director of Corrections is encouraged to further develop the current
system of gifts and donations through the design of a prompt and
efficient review procedure that will encourage donors and protect the
interests of the state.
5058. (a) The director may prescribe and amend rules and
regulations for the administration of the prisons and for the
administration of the parole of persons sentenced under Section 1170
except those persons who meet the criteria set forth in Section 2962.
The rules and regulations shall be promulgated and filed pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, except as otherwise provided in
this section and Sections 5058.1 to 5058.3, inclusive. All rules and
regulations shall, to the extent practical, be stated in language
that is easily understood by the general public.
For any rule or regulation filed as regular rulemaking as defined
in paragraph (5) of subdivision (a) of Section 1 of Title 1 of the
California Code of Regulations, copies of the rule or regulation
shall be posted in conspicuous places throughout each institution and
shall be mailed to all persons or organizations who request them no
less than 20 days prior to its effective date.
(b) The director shall maintain, publish and make available to the
general public, a compendium of the rules and regulations
promulgated by the director pursuant to this section and Sections
5058.1 to 5058.3, inclusive.
(c) The following are deemed not to be "regulations" as defined in
Section 11342.600 of the Government Code:
(1) Rules issued by the director applying solely to a particular
prison or other correctional facility, provided that the following
conditions are met:
(A) All rules that apply to prisons or other correctional
facilities throughout the state are adopted by the director pursuant
to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code.
(B) All rules except those that are excluded from disclosure to
the public pursuant to subdivision (f) of Section 6254 of the
Government Code are made available to all inmates confined in the
particular prison or other correctional facility to which the rules
apply and to all members of the general public.
(2) Short-term criteria for the placement of inmates in a new
prison or other correctional facility, or subunit thereof, during its
first six months of operation, or in a prison or other correctional
facility, or subunit thereof, planned for closing during its last six
months of operation, provided that the criteria are made available
to the public and that an estimate of fiscal impact is completed
pursuant to Sections 6650 to 6670, inclusive, of the State
Administrative Manual.
(3) Rules issued by the director that are excluded from disclosure
to the public pursuant to subdivision (f) of Section 6254 of the
Government Code.
5058.1. (a) For the purposes of this section, "pilot program" means
a program implemented on a temporary and limited basis in order to
test and evaluate the effectiveness of the program, develop new
techniques, or gather information.
(b) The adoption, amendment, or repeal of a regulation by the
director to implement a legislatively mandated or authorized pilot
program or a departmentally authorized pilot program, is exempt from
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, if the following conditions are
met:
(1) A pilot program affecting male inmates affects no more than 10
percent of the total state male inmate population; a pilot program
affecting female inmates affects no more than 10 percent of the total
state female inmate population; and a pilot program affecting male
and female inmates affects no more than 10 percent of the total state
inmate population.
(2) The director certifies in writing that the regulations apply
to a pilot program that qualifies for exemption under this section.
The certification shall include a description of the pilot program
and of the methods the department will use to evaluate the results of
the pilot program.
(3) The certification and regulations are filed with the Office of
Administrative Law and the regulations are made available to the
public by publication pursuant to subparagraph (F) of paragraph (3)
of subdivision (b) of Section 6 of Title 1 of the California Code of
Regulations.
(4) An estimate of fiscal impact is completed pursuant to Sections
6650 to 6670, inclusive, of the State Administrative Manual.
(c) The adoption, amendment, or repeal of a regulation pursuant to
this section becomes effective immediately upon filing with the
Secretary of State.
(d) A regulation adopted pursuant to this section is repealed by
operation of law, and the amendment or repeal of a regulation
pursuant to this section is reversed by operation of law, two years
after the commencement of the pilot program being implemented, unless
the adoption, amendment, or repeal of the regulation is promulgated
by the director pursuant to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code. For
the purpose of this subdivision, a pilot program commences on the
date the first regulatory change implementing the program is filed
with the Secretary of State.
5058.2. (a) Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code does not apply to a
department action or policy implementing an action, that is based on
a determination by the director that there is a compelling need for
immediate action, and that unless the action is taken, serious
injury, illness, or death is likely to result. The action, or the
policy implementing the action, may be taken provided that the
following conditions shall subsequently be met:
(1) A written determination of imminent danger shall be issued
describing the compelling need and why the specific action or actions
must be taken to address the compelling need.
(2) The written determination of imminent danger shall be mailed
within 10 working days to every person who has filed a request for
notice of regulatory actions with the department and to the Chief
Clerk of the Assembly and the Secretary of the Senate for referral to
the appropriate policy committees.
(b) Any policy in effect pursuant to a determination of imminent
danger shall lapse by operation of law 15 calendar days after the
date of the written determination of imminent danger unless an
emergency regulation is filed with the Office of Administrative Law
pursuant to Section 5058.3. This section shall in no way exempt the
department from compliance with other provisions of law related to
fiscal matters of the state.
5058.3. (a) Emergency adoption, amendment, or repeal of a
regulation by the director shall be conducted pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code, except with respect to the following:
(1) Notwithstanding subdivision (e) of Section 11346.1 of the
Government Code, the initial effective period for an emergency
adoption, amendment, or repeal of a regulation shall be 160 days.
(2) Notwithstanding subdivision (b) of Section 11346.1 of the
Government Code, no showing of emergency is necessary in order to
adopt, amend, or repeal an emergency regulation if the director
instead certifies, in a written statement filed with the Office of
Administrative Law, that operational needs of the department require
adoption, amendment, or repeal of the regulation on an emergency
basis. The written statement shall include a description of the
underlying facts and an explanation of the operational need to use
the emergency rulemaking procedure. This paragraph provides an
alternative to filing a statement of emergency pursuant to
subdivision (b) of Section 11346.1 of the Government Code. It does
not preclude filing a statement of emergency. This paragraph only
applies to the initial adoption and one readoption of an emergency
regulation.
(3) Notwithstanding subdivision (b) of Section 11349.6 of the
Government Code, the adoption, amendment, or repeal of a regulation
pursuant to paragraph (2) shall be reviewed by the Office of
Administrative Law within 20 calendar days after its submission. In
conducting its review, the Office of Administrative Law shall accept
and consider public comments for the first 10 calendar days of the
review period. Copies of any comments received by the Office of
Administrative Law shall be provided to the department.
(4) Regulations adopted pursuant to paragraph (2) of subdivision
(a) are not subject to the requirements of paragraph (2) of
subdivision (a) of Section 11346.1 of the Government Code.
(b) It is the intent of the Legislature, in authorizing the
deviations in this section from the requirements and procedures of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, to authorize the department to
expedite the exercise of its power to implement regulations as its
unique operational circumstances require.
5058.4. (a) The director shall provide for the development and
implementation of a disciplinary matrix with offenses and associated
punishments applicable to all department employees, in order to
ensure notice and consistency statewide. The disciplinary matrix
shall take into account aggravating and mitigating factors for
establishing a just and proper penalty for the charged misconduct, as
required by the California Supreme Court in Skelly v. State
Personnel Board (1975) 15 Cal.3d 194. The presence of aggravating or
mitigating factors may result in the imposition of a greater or a
lesser penalty than might otherwise be mandated by the disciplinary
matrix.
(b) The director shall adopt a code of conduct for all employees
of the department.
(c) The director shall ensure that employees who have reported
improper governmental activities and who request services from the
department are informed of the services available to them.
(d) The department shall post the code of conduct in locations
where employee notices are maintained. On July 1, 2005, and annually
thereafter, the department shall send by electronic mail to its
employees who have authorized access to electronic mail, the
following:
(1) Information regarding the code of conduct.
(2) The duty to report misconduct.
(3) How to report misconduct.
(4) The duty to fully cooperate during investigations.
(5) Assurances against retaliation.
5058.5. In addition to the services rendered by physicians and
surgeons, including psychiatrists, or by psychologists, pursuant to
Sections 5068 and 5079, physicians and surgeons, including
psychiatrists and psychologists, employed by, or under contract to
provide mental health services to, the Department of Corrections may
also provide the following medically or psychologically necessary
services: prescreening of mental disorders; determination of the
mental competency of inmates to participate in classification
hearings; evaluation of parolees during temporary detention;
determining whether mental health treatment should be a condition of
parole; and such other services as may be required which are
consistent with their licensure.
5058.6. The Director of the Department of Corrections shall have
the authority of a head of a department set forth in subdivision (e)
of Section 11181 of the Government Code to issue subpoenas as
provided in Article 2 (commencing with Section 11180) of Chapter 2 of
Division 3 of Title 2 of the Government Code. The department shall
adopt regulations on the policies and guidelines for the issuance of
subpoenas.
5059. This title shall not affect the powers or jurisdiction of the
Department of Transportation as to road camps pursuant to Article 4
(commencing with Section 2760) of Chapter 5 of Title 1 of Part 3.
5060. The Director of Corrections may assist persons discharged,
paroled, or otherwise released from confinement in an institution of
the department and may secure employment for them, and for such
purposes he may employ necessary officers and employees, may purchase
tools, and give any other assistance that, in his judgment, he deems
proper for the purpose of carrying out the objects and spirit of
this section. Repayment of cash assistance received under this
section from the current, or any prior appropriation, shall be
credited to the appropriation current at time of such repayment.
5061. Whenever any person confined in any state institution subject
to the jurisdiction of the Director of Corrections dies, and no
demand or claim is made upon the director or his or her designee for
the body of the deceased inmate by the inmate's next of kin or
legally appointed representative, the director shall dispose of the
body by cremation or burial no sooner than 10 calendar days after the
inmate's death. The director or his or her designee may waive the
10-day waiting period for disposal of the deceased inmate's body if
confirmation is received that the inmate's next of kin, or legally
appointed representative, refuses to take possession of the body. If
any personal funds or property of that person remains in the custody
or possession of the Director of Corrections, the funds shall be
applied to the payment of his or her cremation or burial expenses and
related charges in an amount not exceeding those expenses and
charges. If no demand or claim is made upon the director by the owner
of the funds or property or his or her legally appointed
representative, the director shall hold and dispose of those funds or
property as follows:
(a) If the decedent leaves a will, the director shall, within 30
days after the date of death of the decedent, deliver the will to the
clerk of the superior court having jurisdiction of the estate. If an
executor is named in the will, the director shall furnish him or her
written notice of the delivery of the will as provided in this
section.
(b) All money or other personal property of the decedent remaining
in the custody or possession of the director shall be held by him or
her for a period of one year from the date of death of the decedent,
for the benefit of the heirs, legatees or successors in interest of
that decedent.
(c) Upon the expiration of the one-year period, any money
remaining unclaimed in the custody or possession of the director
shall be delivered by him or her to the Treasurer for deposit in the
Unclaimed Property Fund under Article 1 (commencing with Section
1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil
Procedure.
(d) Upon the expiration of the one-year period, all personal
property and documents of the decedent, other than cash, remaining
unclaimed in the custody or possession of the director, shall be
disposed of as follows:
(1) All deeds, contracts, or assignments shall be filed by the
director with the public administrator of the county of commitment of
the decedent.
(2) All other personal property shall be sold by the director at
public auction, or upon a sealed-bid basis, and the proceeds of the
sale delivered by him or her to the Treasurer in the same manner as
is provided in this section with respect to unclaimed money of the
decedent. If he or she deems it expedient to do so, the director may
accumulate the property of several decedents and sell the property in
such lots as he or she may determine, provided that he or she makes
a determination as to each decedent's share of the proceeds.
(3) If any personal property of the decedent is not salable at
public auction, or upon a sealed-bid basis, or if it has no intrinsic
value, or if its value is not sufficient to justify the deposit of
the property in the State Treasury, the director may order it
destroyed.
(4) All other unclaimed personal property of the decedent not
disposed of as provided in paragraph (1), (2), or (3), shall be
delivered by the director to the Controller for deposit in the State
Treasury under Article 1 (commencing with Section 1440) of Chapter 6
of Title 10 of Part 3 of the Code of Civil Procedure.
5062. Whenever any person confined in any state institution subject
to the jurisdiction of the Director of Corrections escapes, or is
discharged or paroled from that institution, and any personal funds
or property of that person remains in the hands of the Director of
Corrections, and no demand is made upon the director by the owner of
the funds or property or his or her legally appointed representative,
all money and other intangible personal property of the person,
other than deeds, contracts, or assignments, remaining in the custody
or possession of the director shall be held by him or her for a
period of three years from the date of that escape, discharge, or
parole, for the benefit of that person or his or her successors in
interest.
Upon the expiration of the three-year period, any money and other
intangible personal property, other than deeds, contracts, or
assignments, remaining unclaimed in the custody or possession of the
director shall be subject to Article 1 (commencing with Section 1500)
of Chapter 7 of Title 10 of Part 3 of the Code of Civil Procedure.
Upon the expiration of one year from the date of that escape,
discharge, or parole:
(a) All deeds, contracts, or assignments shall be filed by the
director with the public administrator of the county of commitment of
that person.
(b) All tangible personal property other than money, remaining
unclaimed in his or her custody or possession, shall be sold by the
director at public auction, or upon a sealed-bid basis, and the
proceeds of the sale shall be held by him or her subject to Section
5008 and subject to Article 1 (commencing with Section 1500) of
Chapter 7 of Title 10 of Part 3 of the Code of Civil Procedure. If he
or she deems it expedient to do so, the director may accumulate the
property of several inmates and may sell the property in lots as he
or she may determine, provided that he or she makes a determination
as to each inmate's share of the proceeds.
If any tangible personal property covered by this section is not
salable at public auction or upon a sealed-bid basis, or if it has no
intrinsic value, or if its value is not sufficient to justify its
retention by the director to be offered for sale at public auction or
upon a sealed-bid basis at a later date, the director may order it
destroyed.
5063. Before any money or other personal property or documents are
delivered to the State Treasurer, State Controller, or public
administrator, or sold at auction or upon a sealed-bid basis, or
destroyed, under the provisions of Section 5061, and before any
personal property or documents are delivered to the public
administrator, or sold at auction or upon a sealed-bid basis, or
destroyed, under the provisions of Section 5062, of this code, notice
of said intended disposition shall be posted at least 30 days prior
to the disposition, in a public place at the institution where the
disposition is to be made, and a copy of such notice shall be mailed
to the last known address of the owner or deceased owner, at least 30
days prior to such disposition. The notice prescribed by this
section need not specifically describe each item of property to be
disposed of.
5064. At the time of delivering any money or other personal
property to the Treasurer or Controller under Section 5061 or of
Article 1 (commencing with Section 1500) of Chapter 7 of Title 10 of
Part 3 of the Code of Civil Procedure, the director shall deliver to
the Controller a schedule setting forth a statement and description
of all money and other personal property delivered, and the name and
last known address of the owner or deceased owner.
5065. When any personal property has been destroyed as provided in
Section 5061 or 5062, no suit shall thereafter be maintained by any
person against the State or any officer thereof for or on account of
such property.
5066. The Director of Corrections shall expand the existing prison
ombudsman program to ensure the comprehensive deployment of ombudsmen
throughout the state prison system with specific focus on the
maximum security institutions.
5068. The Director of Corrections shall cause each person who is
newly committed to a state prison to be examined and studied. This
includes the investigation of all pertinent circumstances of the
person's life such as the existence of any strong community and
family ties, the maintenance of which may aid in the person's
rehabilitation, and the antecedents of the violation of law because
of which he or she has been committed to prison. Any person may be
reexamined to determine whether existing orders and dispositions
should be modified or continued in force.
Upon the basis of the examination and study, the Director of
Corrections shall classify prisoners; and when reasonable, the
director shall assign a prisoner to the institution of the
appropriate security level and gender population nearest the prisoner'
s home, unless other classification factors make such a placement
unreasonable.
As used in this section, "reasonable" includes consideration of
the safety of the prisoner and the institution, the length of term,
and the availability of institutional programs and housing.
As used in this section, "prisoner's home" means a place where the
prisoner's spouse, parents, or children reside at the time of
commitment.
When the diagnostic study of any inmate committed under
subdivision (b) of Section 1168 so indicates, the director shall
cause a psychiatric or psychological report to be prepared for the
Community Release Board prior to the release of the inmate. The
report shall be prepared by a psychiatrist or psychologist licensed
to practice in this state.
Before the release of any inmate committed under subdivision (b)
of Section 1168, the director shall provide the Community Release
Board with a written evaluation of the prisoner.
5068.5. (a) Notwithstanding any other law, except as provided in
subdivisions (b) and (c), any person employed or under contract to
provide diagnostic, treatment, or other mental health services in the
state or to supervise or provide consultation on these services in
the state correctional system shall be a physician and surgeon, a
psychologist, or other health professional, licensed to practice in
this state.
(b) Notwithstanding Section 5068 or Section 704 of the Welfare and
Institutions Code, the following persons are exempt from the
requirements of subdivision (a), so long as they continue in
employment in the same class and in the same department:
(1) Persons employed on January 1, 1985, as psychologists to
provide diagnostic or treatment services including those persons on
authorized leave but not including intermittent personnel.
(2) Persons employed on January 1, 1989, to supervise or provide
consultation on the diagnostic or treatment services including
persons on authorized leave but not including intermittent personnel.
(c) (1) The requirements of subdivision (a) may be waived by the
secretary solely for persons in the professions of psychology or
clinical social work who are gaining qualifying experience for
licensure in those professions in this state. Providers working in a
licensed health care facility operated by the department must receive
a waiver in accordance with Section 1277 of the Health and Safety
Code.
(2) A waiver granted pursuant to this subdivision shall not exceed
three years from the date the employment commences in this state in
the case of psychologists, or four years from commencement of the
employment in this state in the case of clinical social workers, at
which time licensure shall have been obtained or the employment shall
be terminated, except that an extension of a waiver of licensure for
clinical social workers may be granted for one additional year,
based on extenuating circumstances determined by the department
pursuant to subdivision (d). For persons employed as psychologists or
clinical social workers less than full time, an extension of a
waiver of licensure may be granted for additional years proportional
to the extent of part-time employment, as long as the person is
employed without interruption in service, but in no case shall the
waiver of licensure exceed six years in the case of clinical social
workers or five years in the case of psychologists. However, this
durational limitation upon waivers shall not apply to active
candidates for a doctoral degree in social work, social welfare, or
social science who are enrolled at an accredited university, college,
or professional school, but these limitations shall apply following
completion of that training.
(3) A waiver pursuant to this subdivision shall be granted only to
the extent necessary to qualify for licensure, except that personnel
recruited for employment from outside this state and whose
experience is sufficient to gain admission to a licensure examination
shall nevertheless have one year from the date of their employment
in California to become licensed, at which time licensure shall have
been obtained or the employment shall be terminated, provided that
the employee shall take the licensure examination at the earliest
possible date after the date of his or her employment, and if the
employee does not pass the examination at that time, he or she shall
have a second opportunity to pass the next possible examination,
subject to the one-year limit for clinical social workers, and
subject to a two-year limit for psychologists.
(d) The department shall grant a request for an extension of a
waiver of licensure for a clinical social worker pursuant to
subdivision (c) based on extenuating circumstances if any of the
following circumstances exist:
(1) The person requesting the extension has experienced a recent
catastrophic event that may impair the person's ability to qualify
for and pass the licensure examination. Those events may include, but
are not limited to, significant hardship caused by a natural
disaster; serious and prolonged illness of the person; serious and
prolonged illness or death of a child, spouse, or parent; or other
stressful circumstances.
(2) The person requesting the extension has difficulty speaking or
writing the English language, or other cultural and ethnic factors
exist which substantially impair the person's ability to qualify for
and pass the license examination.
(3) The person requesting the extension has experienced other
personal hardship that the department, in its discretion, determines
to warrant the extension.
5069. (a) The administrative director of the Division of Industrial
Accidents shall formulate procedures for the selection and orderly
referral of injured inmates of state penal or correctional
institutions who may be benefited by rehabilitation services and
retrained for other positions upon release from incarceration. The
State Department of Rehabilitation shall cooperate in both designing
and monitoring results of rehabilitation programs for the disabled
inmates. The primary purpose of this section is to rehabilitate
injured inmates in order that they might engage in suitable and
gainful employment upon their release.
(b) The director shall notify the injured inmate of the
availability of rehabilitation services in those cases where there is
continuing disability of 28 days and beyond. A copy of such
notification shall be forwarded to the State Department of
Rehabilitation.
(c) The initiation of a rehabilitation plan shall be the
responsibility of the director.
(d) Upon establishment of a rehabilitation plan, the injured
inmate shall cooperate in carrying it out.
(e) The injured inmate shall receive such medical and vocational
rehabilitative services as may be reasonably necessary to restore him
to suitable employment.
(f) The injured inmate's rehabilitation benefit is an additional
benefit and shall not be converted to or replace any workmen's
compensation benefit available to him.
5070. Notwithstanding any other provision of law, the sex of a
prison inmate shall not prevent the Director of Corrections from
assigning any prison inmate to academic or vocational training
programs situated in correctional institutions established for the
incarceration of offenders of the opposite sex.
5071. (a) The Secretary of the Department of Corrections and
Rehabilitation shall not assign any prison inmate to employment that
provides that inmate with access to personal information of private
individuals, including, but not limited to, the following: addresses;
telephone numbers; health insurance, taxpayer, school, or employee
identification numbers; mothers' maiden names; demand deposit
account, debit card, credit card, savings account, or checking
account numbers, PINs, or passwords; social security numbers; places
of employment; dates of birth; state- or government-issued driver's
license or identification numbers; alien registration numbers;
government passport numbers; unique biometric data, such as
fingerprints, facial scan identifiers, voice prints, retina or iris
images, or other similar identifiers; unique electronic
identification numbers; address or routing codes; and
telecommunication identifying information or access devices.
(b) Any person who is a prison inmate, and who has access to any
personal information, shall disclose that he or she is a prison
inmate before taking any personal information from anyone.
(c) This section shall not apply to inmates in employment programs
or public service facilities where incidental contact with personal
information may occur.
5072. (a) Notwithstanding any other provision of law, the State
Department of Corrections and Rehabilitation and the State Department
of Health Care Services may develop a process to maximize federal
financial participation for the provision of inpatient hospital
services rendered to individuals who, but for their institutional
status as inmates, are otherwise eligible for Medi-Cal pursuant to
Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of
the Welfare and Institutions Code or for the Coverage Expansion and
Enrollment Demonstration (CEED) Project pursuant to Part 3.6
(commencing with Section 15909) of Division 9 of the Welfare and
Institutions Code.
(b) (1) A CEED project shall reimburse a provider for the delivery
of inpatient hospital services pursuant to this section rendered to
an inmate whose county of last legal residence participates in the
CEED project.
(2) The State Department of Health Care Services may at its
discretion require a CEED Project, as a condition of participation as
a CEED project, to enroll an eligible inmate whose county of last
legal residence participates in that CEED project.
(c) (1) The Secretary of the Department of Corrections and
Rehabilitation, in conjunction with the State Department of Health
Care Services, shall develop a process to compensate CEED projects
for the nonfederal share of the payment they expend for both the
provision of inpatient hospital services rendered to inmates
according to this section and for any administrative costs incurred
in support of those services.
(2) Under the process described in paragraph (1), CEED projects
shall be held harmless for any disallowance or deferral when federal
action is taken due to the implementation of the state's policies,
directions, or requirements for the provision of services under this
section.
(3) Under the process described in paragraph (1), CEED projects
shall not experience any additional net expenditures of county funds
due to the provision of services under this section.
(4) Under the process described in paragraph (1), payments made by
CEED projects to providers for the delivery of hospital inpatient
services under this section shall be based upon the rate of
reimbursement that the department paid prior to the enactment of this
section, as adjusted under state law or department contract.
(5) As part of the process described in paragraph (1), the
department shall compensate a CEED project, in the form of a direct
grant, for uncompensated, allowable costs incurred as a result of
delivering services under this section, including hospital inpatient
services rendered to an inmate by an out-of-network provider.
(6) The state shall indemnify and hold harmless participating
entities that operate CEED projects, including all counties, and all
counties that operate in a consortium that participates as a CEED
project, against any and all losses, including, but not limited to,
claims, demands, liabilities, court costs, judgments, or obligations,
due to the implementation of this section as directed by the
secretary and the State Department of Health Care Services.
(d) (1) Nothing in this section shall be interpreted to restrict
or limit the eligibility or alter county responsibility for payment
of any service delivered to a parolee who has been released from
detention or incarceration and now resides in a county that
participates in the CEED project. If otherwise eligible for the
county's CEED project, the CEED project shall enroll the parolee.
(2) Notwithstanding paragraph (1), at the option of the state, for
enrolled parolees who have been released from detention or
incarceration and now reside in a county that participates in a CEED
project, the CEED project shall reimburse providers for the delivery
of services which are otherwise the responsibility of the state to
provide. Payment for these medical services, including both the state
and federal shares of reimbursement, shall be included as part of
the reimbursement process described in paragraph (1) of subdivision
(c).
(3) Enrollment of individuals in a CEED project under this
subdivision shall be subject to any enrollment limitations described
in subdivision (g) of Section 15910 of the Welfare and Institutions
Code.
(e) The department shall be responsible to the CEED project for
the nonfederal share of any reimbursement made for the provision of
inpatient hospital services rendered to inmates pursuant to this
section who are eligible for and enrolled in that CEED project.
(f) Except as otherwise provided by paragraph (5) of subdivision
(c), and notwithstanding any other provision of law, the inpatient
hospital services eligible for reimbursement under this section shall
be limited to only those services which are subject to funding with
federal financial participation pursuant to Title XIX of the Social
Security Act.
(g) This section shall have no force or effect if there is a final
judicial determination made by any state or federal court that is
not appealed, or by a court of appellate jurisdiction that is not
further appealed, in any action by any party, or a final
determination by the administrator of the federal Centers for
Medicare and Medicaid Services, that limits or affects the department'
s authority to select the hospitals used to provide inpatient
hospital services to inmates.
(h) It is the intent of the Legislature that the implementation of
this section will result in state General Fund savings for the
funding of inpatient hospital services and any related administrative
costs to the inmate population.
(i) Any agreements entered into between the department and any
CEED project to provide for reimbursement of services and
administrative expenditures as described in subdivision (c) shall not
be subject to Part 2 (commencing with Section 10100) of Division 2
of the Public Contract Code.
(j) This section shall be implemented in a manner that is
consistent with federal Medicaid law and regulations. The Director of
the State Department of Health Care Services shall seek any federal
approvals necessary for the implementation of this section. This
section shall be implemented only if and to the extent that any
necessary federal approval is obtained, and only to the extent that
existing levels of federal financial participation are not otherwise
jeopardized.
(k) To the extent that the Director of the State Department of
Health Care Services determines that existing levels of federal
financial participation are jeopardized, this section shall no longer
be implemented.
(l) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the State
Department of Health Care Services may, without taking any further
regulatory action, implement this section by means of all-county
letters, provider bulletins, facility letters, or similar
instructions.
(m) For purposes of this section, the following terms have the
following meanings:
(1) The term "county of last legal residence" means the county in
which the inmate resided at the time of arrest that resulted in
conviction and incarceration in a state prison facility.
(2) The term "inmate" means an adult who is involuntarily residing
in a state prison facility operated, administered, or regulated,
directly or indirectly, by the department.
(3) During the existence of the receivership established in United
States District Court for the Northern District of California, Case
No. CO1-1351 TEH, Plata v. Schwarzenegger, references in this section
to the "secretary" shall mean the receiver appointed in that action,
who shall implement portions of this section that would otherwise be
within the secretary's responsibility.
5050. Commencing July 1, 2005, any reference to the Director of
Corrections in this or any other code refers to the Secretary of the
Department of Corrections and Rehabilitation. As of that date, the
office of the Director of Corrections is abolished.
5051.2. The Director of Corrections shall have wide and successful
administrative experience in adult or youth correctional programs
embodying rehabilitative concepts.
5052. Any officer or employee of the Department of Corrections and
Rehabilitation designated in writing by the secretary, shall have
the power of a head of a department pursuant to Article 2 (commencing
at Section 11180) of Chapter 2, Part 1, Division 3, Title 2, of the
Government Code.
5054. Commencing July 1, 2005, the supervision, management and
control of the state prisons, and the responsibility for the care,
custody, treatment, training, discipline and employment of persons
confined therein are vested in the Secretary of the Department of
Corrections and Rehabilitation.
5054.1. The Secretary of the Department of Corrections and
Rehabilitation has full power to order returned to custody any person
under the secretary's jurisdiction. The written order of the
secretary shall be sufficient warrant for any peace officer to return
to actual custody any escaped state prisoner or any state prisoner
released prior to his or her scheduled release date who should be
returned to custody. All peace officers shall execute an order as
otherwise provided by law.
5054.2. Whenever a person is incarcerated in a state prison for
violating Section 261, 264.1, 266c, 285, 286, 288, 288a, 288.5, or
289, and the victim of one or more of those offenses is a child under
the age of 18 years, the Secretary of the Department of Corrections
and Rehabilitation shall protect the interest of that child victim by
prohibiting visitation between the incarcerated person and the child
victim pursuant to Section 1202.05. The secretary shall allow
visitation only when the juvenile court, pursuant to Section 362.6 of
the Welfare and Institutions Code, finds that visitation between the
incarcerated person and his or her child victim is in the best
interests of the child victim.
5055. Commencing July 1, 2005, all powers and duties previously
granted to and imposed upon the Department of Corrections shall be
exercised by the Secretary of the Department of Corrections and
Rehabilitation, except where those powers and duties are expressly
vested by law in the Board of Parole Hearings.
Whenever a power is granted to the secretary or a duty is imposed
upon the secretary, the power may be exercised or the duty performed
by a subordinate officer to the secretary or by a person authorized
pursuant to law by the secretary.
5056. (a) Each state prison under the jurisdiction of the
department shall have a citizens' advisory committee except that one
committee may serve every prison located in the same city or
community. Each committee shall consist of not more than 15 members
appointed by the institution's warden, nine of whom shall be
appointed from a list of nominations submitted to him or her as
follows:
(1) Two persons from nominations submitted by the Assembly Member
in whose district the prison is located.
(2) Two persons from nominations submitted by the Senator in whose
district the prison is located.
(3) Two persons from nominations submitted by the city council of
the city containing or nearest to the institution.
(4) Two persons from nominations submitted by the county board of
supervisors of the county containing the institution.
(5) One person from nominations submitted by the chief of police
of the city containing or nearest to the institution and the county
sheriff of the county containing the institution.
(b) Where a citizens' advisory committee serves more than one
prison, the warden of each prison served by this committee shall
collaborate with every other warden of a prison served by the
committee for the purpose of appointing committee members.
(c) Each committee shall select its own chairperson by a majority
vote of its members. The term of office of all members shall be two
years. In the event of a vacancy due to resignation, death, or
absence from three consecutive meetings, the appointing power shall
fill the vacancy following receipt of written notification that a
vacancy has occurred.
(d) Each committee shall meet at least once every two months or as
often, on the call of the chairperson, as necessary to carry out the
purposes and duties of the committee. Meetings of the committee
shall be open to the public. The warden of each institution shall
meet with the committee at least four times each year.
The advisory committees of the several institutions shall have the
power of visitation of prison facilities and personnel in
furtherance of the goals of this section.
(e) Nothing in this section shall be construed to require the
disclosure by the department of information which may threaten the
security of an institution or the safety of the surrounding
community, nor shall the power of visitation specified in subdivision
(d) extend to situations where institutional security would be
jeopardized.
5056.1. (a) The Legislature finds and declares that due to the
local conditions resulting in the Chino Valley Independent Fire
District having within its area of service two state institutions
under the jurisdiction of the Department of Corrections and
Rehabilitation, the California Institution for Men and the California
Institution for Women, special legislation is needed to address the
need for the citizens' advisory committees responsible for those
institutions to have an additional member representing the Chino
Valley Independent Fire District.
(b) In addition to the members designated for the citizens'
advisory committees that advise the California Institution for Men
and the California Institution for Women pursuant to Section 5056,
there shall be an additional member representing the Chino Valley
Independent Fire District, nominated by the Chino Valley Independent
Fire District, for selection by the warden, pursuant to Section 5056.
5057. (a) Subject to the powers of the Department of Finance under
Section 13300 of the Government Code, the secretary shall establish
an accounting and auditing system for all of the agencies and
institutions including the prisons which comprise the department in
whatever form that will best facilitate their operation, and may
modify the system from time to time.
(b) The accounting and auditing system shall include those
accounts and records that are necessary to properly account for all
money and property of the inmates.
(c) Except where other disposition is provided by law, all money
belonging to the state received by the department, shall be reported
to the Controller and deposited in the State Treasury monthly.
5057.5. (a) Notwithstanding Section 11005 of the Government Code,
the Director of Corrections may accept a gift or donation of goods or
services to the state following a review and determination by the
director that the gift or donation is not subject to illegal or
discriminatory conditions, that it does not involve the expenditure
of state funds, and that the acceptance of the gift is in the best
interests of the state.
(b) Notwithstanding subdivision (a), the acceptance of a gift or
donation that would involve any expenditure of state funds shall be
subject to Section 11005 of the Government Code.
(c) It is the intent of the Legislature in enacting this section
to recognize the significant contribution that private donors of
goods and services can make in supporting the corrections system, and
the development of effective vocational education and correctional
industries in our prison system. With that objective in mind, the
Director of Corrections is encouraged to further develop the current
system of gifts and donations through the design of a prompt and
efficient review procedure that will encourage donors and protect the
interests of the state.
5058. (a) The director may prescribe and amend rules and
regulations for the administration of the prisons and for the
administration of the parole of persons sentenced under Section 1170
except those persons who meet the criteria set forth in Section 2962.
The rules and regulations shall be promulgated and filed pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, except as otherwise provided in
this section and Sections 5058.1 to 5058.3, inclusive. All rules and
regulations shall, to the extent practical, be stated in language
that is easily understood by the general public.
For any rule or regulation filed as regular rulemaking as defined
in paragraph (5) of subdivision (a) of Section 1 of Title 1 of the
California Code of Regulations, copies of the rule or regulation
shall be posted in conspicuous places throughout each institution and
shall be mailed to all persons or organizations who request them no
less than 20 days prior to its effective date.
(b) The director shall maintain, publish and make available to the
general public, a compendium of the rules and regulations
promulgated by the director pursuant to this section and Sections
5058.1 to 5058.3, inclusive.
(c) The following are deemed not to be "regulations" as defined in
Section 11342.600 of the Government Code:
(1) Rules issued by the director applying solely to a particular
prison or other correctional facility, provided that the following
conditions are met:
(A) All rules that apply to prisons or other correctional
facilities throughout the state are adopted by the director pursuant
to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code.
(B) All rules except those that are excluded from disclosure to
the public pursuant to subdivision (f) of Section 6254 of the
Government Code are made available to all inmates confined in the
particular prison or other correctional facility to which the rules
apply and to all members of the general public.
(2) Short-term criteria for the placement of inmates in a new
prison or other correctional facility, or subunit thereof, during its
first six months of operation, or in a prison or other correctional
facility, or subunit thereof, planned for closing during its last six
months of operation, provided that the criteria are made available
to the public and that an estimate of fiscal impact is completed
pursuant to Sections 6650 to 6670, inclusive, of the State
Administrative Manual.
(3) Rules issued by the director that are excluded from disclosure
to the public pursuant to subdivision (f) of Section 6254 of the
Government Code.
5058.1. (a) For the purposes of this section, "pilot program" means
a program implemented on a temporary and limited basis in order to
test and evaluate the effectiveness of the program, develop new
techniques, or gather information.
(b) The adoption, amendment, or repeal of a regulation by the
director to implement a legislatively mandated or authorized pilot
program or a departmentally authorized pilot program, is exempt from
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, if the following conditions are
met:
(1) A pilot program affecting male inmates affects no more than 10
percent of the total state male inmate population; a pilot program
affecting female inmates affects no more than 10 percent of the total
state female inmate population; and a pilot program affecting male
and female inmates affects no more than 10 percent of the total state
inmate population.
(2) The director certifies in writing that the regulations apply
to a pilot program that qualifies for exemption under this section.
The certification shall include a description of the pilot program
and of the methods the department will use to evaluate the results of
the pilot program.
(3) The certification and regulations are filed with the Office of
Administrative Law and the regulations are made available to the
public by publication pursuant to subparagraph (F) of paragraph (3)
of subdivision (b) of Section 6 of Title 1 of the California Code of
Regulations.
(4) An estimate of fiscal impact is completed pursuant to Sections
6650 to 6670, inclusive, of the State Administrative Manual.
(c) The adoption, amendment, or repeal of a regulation pursuant to
this section becomes effective immediately upon filing with the
Secretary of State.
(d) A regulation adopted pursuant to this section is repealed by
operation of law, and the amendment or repeal of a regulation
pursuant to this section is reversed by operation of law, two years
after the commencement of the pilot program being implemented, unless
the adoption, amendment, or repeal of the regulation is promulgated
by the director pursuant to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code. For
the purpose of this subdivision, a pilot program commences on the
date the first regulatory change implementing the program is filed
with the Secretary of State.
5058.2. (a) Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code does not apply to a
department action or policy implementing an action, that is based on
a determination by the director that there is a compelling need for
immediate action, and that unless the action is taken, serious
injury, illness, or death is likely to result. The action, or the
policy implementing the action, may be taken provided that the
following conditions shall subsequently be met:
(1) A written determination of imminent danger shall be issued
describing the compelling need and why the specific action or actions
must be taken to address the compelling need.
(2) The written determination of imminent danger shall be mailed
within 10 working days to every person who has filed a request for
notice of regulatory actions with the department and to the Chief
Clerk of the Assembly and the Secretary of the Senate for referral to
the appropriate policy committees.
(b) Any policy in effect pursuant to a determination of imminent
danger shall lapse by operation of law 15 calendar days after the
date of the written determination of imminent danger unless an
emergency regulation is filed with the Office of Administrative Law
pursuant to Section 5058.3. This section shall in no way exempt the
department from compliance with other provisions of law related to
fiscal matters of the state.
5058.3. (a) Emergency adoption, amendment, or repeal of a
regulation by the director shall be conducted pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code, except with respect to the following:
(1) Notwithstanding subdivision (e) of Section 11346.1 of the
Government Code, the initial effective period for an emergency
adoption, amendment, or repeal of a regulation shall be 160 days.
(2) Notwithstanding subdivision (b) of Section 11346.1 of the
Government Code, no showing of emergency is necessary in order to
adopt, amend, or repeal an emergency regulation if the director
instead certifies, in a written statement filed with the Office of
Administrative Law, that operational needs of the department require
adoption, amendment, or repeal of the regulation on an emergency
basis. The written statement shall include a description of the
underlying facts and an explanation of the operational need to use
the emergency rulemaking procedure. This paragraph provides an
alternative to filing a statement of emergency pursuant to
subdivision (b) of Section 11346.1 of the Government Code. It does
not preclude filing a statement of emergency. This paragraph only
applies to the initial adoption and one readoption of an emergency
regulation.
(3) Notwithstanding subdivision (b) of Section 11349.6 of the
Government Code, the adoption, amendment, or repeal of a regulation
pursuant to paragraph (2) shall be reviewed by the Office of
Administrative Law within 20 calendar days after its submission. In
conducting its review, the Office of Administrative Law shall accept
and consider public comments for the first 10 calendar days of the
review period. Copies of any comments received by the Office of
Administrative Law shall be provided to the department.
(4) Regulations adopted pursuant to paragraph (2) of subdivision
(a) are not subject to the requirements of paragraph (2) of
subdivision (a) of Section 11346.1 of the Government Code.
(b) It is the intent of the Legislature, in authorizing the
deviations in this section from the requirements and procedures of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, to authorize the department to
expedite the exercise of its power to implement regulations as its
unique operational circumstances require.
5058.4. (a) The director shall provide for the development and
implementation of a disciplinary matrix with offenses and associated
punishments applicable to all department employees, in order to
ensure notice and consistency statewide. The disciplinary matrix
shall take into account aggravating and mitigating factors for
establishing a just and proper penalty for the charged misconduct, as
required by the California Supreme Court in Skelly v. State
Personnel Board (1975) 15 Cal.3d 194. The presence of aggravating or
mitigating factors may result in the imposition of a greater or a
lesser penalty than might otherwise be mandated by the disciplinary
matrix.
(b) The director shall adopt a code of conduct for all employees
of the department.
(c) The director shall ensure that employees who have reported
improper governmental activities and who request services from the
department are informed of the services available to them.
(d) The department shall post the code of conduct in locations
where employee notices are maintained. On July 1, 2005, and annually
thereafter, the department shall send by electronic mail to its
employees who have authorized access to electronic mail, the
following:
(1) Information regarding the code of conduct.
(2) The duty to report misconduct.
(3) How to report misconduct.
(4) The duty to fully cooperate during investigations.
(5) Assurances against retaliation.
5058.5. In addition to the services rendered by physicians and
surgeons, including psychiatrists, or by psychologists, pursuant to
Sections 5068 and 5079, physicians and surgeons, including
psychiatrists and psychologists, employed by, or under contract to
provide mental health services to, the Department of Corrections may
also provide the following medically or psychologically necessary
services: prescreening of mental disorders; determination of the
mental competency of inmates to participate in classification
hearings; evaluation of parolees during temporary detention;
determining whether mental health treatment should be a condition of
parole; and such other services as may be required which are
consistent with their licensure.
5058.6. The Director of the Department of Corrections shall have
the authority of a head of a department set forth in subdivision (e)
of Section 11181 of the Government Code to issue subpoenas as
provided in Article 2 (commencing with Section 11180) of Chapter 2 of
Division 3 of Title 2 of the Government Code. The department shall
adopt regulations on the policies and guidelines for the issuance of
subpoenas.
5059. This title shall not affect the powers or jurisdiction of the
Department of Transportation as to road camps pursuant to Article 4
(commencing with Section 2760) of Chapter 5 of Title 1 of Part 3.
5060. The Director of Corrections may assist persons discharged,
paroled, or otherwise released from confinement in an institution of
the department and may secure employment for them, and for such
purposes he may employ necessary officers and employees, may purchase
tools, and give any other assistance that, in his judgment, he deems
proper for the purpose of carrying out the objects and spirit of
this section. Repayment of cash assistance received under this
section from the current, or any prior appropriation, shall be
credited to the appropriation current at time of such repayment.
5061. Whenever any person confined in any state institution subject
to the jurisdiction of the Director of Corrections dies, and no
demand or claim is made upon the director or his or her designee for
the body of the deceased inmate by the inmate's next of kin or
legally appointed representative, the director shall dispose of the
body by cremation or burial no sooner than 10 calendar days after the
inmate's death. The director or his or her designee may waive the
10-day waiting period for disposal of the deceased inmate's body if
confirmation is received that the inmate's next of kin, or legally
appointed representative, refuses to take possession of the body. If
any personal funds or property of that person remains in the custody
or possession of the Director of Corrections, the funds shall be
applied to the payment of his or her cremation or burial expenses and
related charges in an amount not exceeding those expenses and
charges. If no demand or claim is made upon the director by the owner
of the funds or property or his or her legally appointed
representative, the director shall hold and dispose of those funds or
property as follows:
(a) If the decedent leaves a will, the director shall, within 30
days after the date of death of the decedent, deliver the will to the
clerk of the superior court having jurisdiction of the estate. If an
executor is named in the will, the director shall furnish him or her
written notice of the delivery of the will as provided in this
section.
(b) All money or other personal property of the decedent remaining
in the custody or possession of the director shall be held by him or
her for a period of one year from the date of death of the decedent,
for the benefit of the heirs, legatees or successors in interest of
that decedent.
(c) Upon the expiration of the one-year period, any money
remaining unclaimed in the custody or possession of the director
shall be delivered by him or her to the Treasurer for deposit in the
Unclaimed Property Fund under Article 1 (commencing with Section
1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil
Procedure.
(d) Upon the expiration of the one-year period, all personal
property and documents of the decedent, other than cash, remaining
unclaimed in the custody or possession of the director, shall be
disposed of as follows:
(1) All deeds, contracts, or assignments shall be filed by the
director with the public administrator of the county of commitment of
the decedent.
(2) All other personal property shall be sold by the director at
public auction, or upon a sealed-bid basis, and the proceeds of the
sale delivered by him or her to the Treasurer in the same manner as
is provided in this section with respect to unclaimed money of the
decedent. If he or she deems it expedient to do so, the director may
accumulate the property of several decedents and sell the property in
such lots as he or she may determine, provided that he or she makes
a determination as to each decedent's share of the proceeds.
(3) If any personal property of the decedent is not salable at
public auction, or upon a sealed-bid basis, or if it has no intrinsic
value, or if its value is not sufficient to justify the deposit of
the property in the State Treasury, the director may order it
destroyed.
(4) All other unclaimed personal property of the decedent not
disposed of as provided in paragraph (1), (2), or (3), shall be
delivered by the director to the Controller for deposit in the State
Treasury under Article 1 (commencing with Section 1440) of Chapter 6
of Title 10 of Part 3 of the Code of Civil Procedure.
5062. Whenever any person confined in any state institution subject
to the jurisdiction of the Director of Corrections escapes, or is
discharged or paroled from that institution, and any personal funds
or property of that person remains in the hands of the Director of
Corrections, and no demand is made upon the director by the owner of
the funds or property or his or her legally appointed representative,
all money and other intangible personal property of the person,
other than deeds, contracts, or assignments, remaining in the custody
or possession of the director shall be held by him or her for a
period of three years from the date of that escape, discharge, or
parole, for the benefit of that person or his or her successors in
interest.
Upon the expiration of the three-year period, any money and other
intangible personal property, other than deeds, contracts, or
assignments, remaining unclaimed in the custody or possession of the
director shall be subject to Article 1 (commencing with Section 1500)
of Chapter 7 of Title 10 of Part 3 of the Code of Civil Procedure.
Upon the expiration of one year from the date of that escape,
discharge, or parole:
(a) All deeds, contracts, or assignments shall be filed by the
director with the public administrator of the county of commitment of
that person.
(b) All tangible personal property other than money, remaining
unclaimed in his or her custody or possession, shall be sold by the
director at public auction, or upon a sealed-bid basis, and the
proceeds of the sale shall be held by him or her subject to Section
5008 and subject to Article 1 (commencing with Section 1500) of
Chapter 7 of Title 10 of Part 3 of the Code of Civil Procedure. If he
or she deems it expedient to do so, the director may accumulate the
property of several inmates and may sell the property in lots as he
or she may determine, provided that he or she makes a determination
as to each inmate's share of the proceeds.
If any tangible personal property covered by this section is not
salable at public auction or upon a sealed-bid basis, or if it has no
intrinsic value, or if its value is not sufficient to justify its
retention by the director to be offered for sale at public auction or
upon a sealed-bid basis at a later date, the director may order it
destroyed.
5063. Before any money or other personal property or documents are
delivered to the State Treasurer, State Controller, or public
administrator, or sold at auction or upon a sealed-bid basis, or
destroyed, under the provisions of Section 5061, and before any
personal property or documents are delivered to the public
administrator, or sold at auction or upon a sealed-bid basis, or
destroyed, under the provisions of Section 5062, of this code, notice
of said intended disposition shall be posted at least 30 days prior
to the disposition, in a public place at the institution where the
disposition is to be made, and a copy of such notice shall be mailed
to the last known address of the owner or deceased owner, at least 30
days prior to such disposition. The notice prescribed by this
section need not specifically describe each item of property to be
disposed of.
5064. At the time of delivering any money or other personal
property to the Treasurer or Controller under Section 5061 or of
Article 1 (commencing with Section 1500) of Chapter 7 of Title 10 of
Part 3 of the Code of Civil Procedure, the director shall deliver to
the Controller a schedule setting forth a statement and description
of all money and other personal property delivered, and the name and
last known address of the owner or deceased owner.
5065. When any personal property has been destroyed as provided in
Section 5061 or 5062, no suit shall thereafter be maintained by any
person against the State or any officer thereof for or on account of
such property.
5066. The Director of Corrections shall expand the existing prison
ombudsman program to ensure the comprehensive deployment of ombudsmen
throughout the state prison system with specific focus on the
maximum security institutions.
5068. The Director of Corrections shall cause each person who is
newly committed to a state prison to be examined and studied. This
includes the investigation of all pertinent circumstances of the
person's life such as the existence of any strong community and
family ties, the maintenance of which may aid in the person's
rehabilitation, and the antecedents of the violation of law because
of which he or she has been committed to prison. Any person may be
reexamined to determine whether existing orders and dispositions
should be modified or continued in force.
Upon the basis of the examination and study, the Director of
Corrections shall classify prisoners; and when reasonable, the
director shall assign a prisoner to the institution of the
appropriate security level and gender population nearest the prisoner'
s home, unless other classification factors make such a placement
unreasonable.
As used in this section, "reasonable" includes consideration of
the safety of the prisoner and the institution, the length of term,
and the availability of institutional programs and housing.
As used in this section, "prisoner's home" means a place where the
prisoner's spouse, parents, or children reside at the time of
commitment.
When the diagnostic study of any inmate committed under
subdivision (b) of Section 1168 so indicates, the director shall
cause a psychiatric or psychological report to be prepared for the
Community Release Board prior to the release of the inmate. The
report shall be prepared by a psychiatrist or psychologist licensed
to practice in this state.
Before the release of any inmate committed under subdivision (b)
of Section 1168, the director shall provide the Community Release
Board with a written evaluation of the prisoner.
5068.5. (a) Notwithstanding any other law, except as provided in
subdivisions (b) and (c), any person employed or under contract to
provide diagnostic, treatment, or other mental health services in the
state or to supervise or provide consultation on these services in
the state correctional system shall be a physician and surgeon, a
psychologist, or other health professional, licensed to practice in
this state.
(b) Notwithstanding Section 5068 or Section 704 of the Welfare and
Institutions Code, the following persons are exempt from the
requirements of subdivision (a), so long as they continue in
employment in the same class and in the same department:
(1) Persons employed on January 1, 1985, as psychologists to
provide diagnostic or treatment services including those persons on
authorized leave but not including intermittent personnel.
(2) Persons employed on January 1, 1989, to supervise or provide
consultation on the diagnostic or treatment services including
persons on authorized leave but not including intermittent personnel.
(c) (1) The requirements of subdivision (a) may be waived by the
secretary solely for persons in the professions of psychology or
clinical social work who are gaining qualifying experience for
licensure in those professions in this state. Providers working in a
licensed health care facility operated by the department must receive
a waiver in accordance with Section 1277 of the Health and Safety
Code.
(2) A waiver granted pursuant to this subdivision shall not exceed
three years from the date the employment commences in this state in
the case of psychologists, or four years from commencement of the
employment in this state in the case of clinical social workers, at
which time licensure shall have been obtained or the employment shall
be terminated, except that an extension of a waiver of licensure for
clinical social workers may be granted for one additional year,
based on extenuating circumstances determined by the department
pursuant to subdivision (d). For persons employed as psychologists or
clinical social workers less than full time, an extension of a
waiver of licensure may be granted for additional years proportional
to the extent of part-time employment, as long as the person is
employed without interruption in service, but in no case shall the
waiver of licensure exceed six years in the case of clinical social
workers or five years in the case of psychologists. However, this
durational limitation upon waivers shall not apply to active
candidates for a doctoral degree in social work, social welfare, or
social science who are enrolled at an accredited university, college,
or professional school, but these limitations shall apply following
completion of that training.
(3) A waiver pursuant to this subdivision shall be granted only to
the extent necessary to qualify for licensure, except that personnel
recruited for employment from outside this state and whose
experience is sufficient to gain admission to a licensure examination
shall nevertheless have one year from the date of their employment
in California to become licensed, at which time licensure shall have
been obtained or the employment shall be terminated, provided that
the employee shall take the licensure examination at the earliest
possible date after the date of his or her employment, and if the
employee does not pass the examination at that time, he or she shall
have a second opportunity to pass the next possible examination,
subject to the one-year limit for clinical social workers, and
subject to a two-year limit for psychologists.
(d) The department shall grant a request for an extension of a
waiver of licensure for a clinical social worker pursuant to
subdivision (c) based on extenuating circumstances if any of the
following circumstances exist:
(1) The person requesting the extension has experienced a recent
catastrophic event that may impair the person's ability to qualify
for and pass the licensure examination. Those events may include, but
are not limited to, significant hardship caused by a natural
disaster; serious and prolonged illness of the person; serious and
prolonged illness or death of a child, spouse, or parent; or other
stressful circumstances.
(2) The person requesting the extension has difficulty speaking or
writing the English language, or other cultural and ethnic factors
exist which substantially impair the person's ability to qualify for
and pass the license examination.
(3) The person requesting the extension has experienced other
personal hardship that the department, in its discretion, determines
to warrant the extension.
5069. (a) The administrative director of the Division of Industrial
Accidents shall formulate procedures for the selection and orderly
referral of injured inmates of state penal or correctional
institutions who may be benefited by rehabilitation services and
retrained for other positions upon release from incarceration. The
State Department of Rehabilitation shall cooperate in both designing
and monitoring results of rehabilitation programs for the disabled
inmates. The primary purpose of this section is to rehabilitate
injured inmates in order that they might engage in suitable and
gainful employment upon their release.
(b) The director shall notify the injured inmate of the
availability of rehabilitation services in those cases where there is
continuing disability of 28 days and beyond. A copy of such
notification shall be forwarded to the State Department of
Rehabilitation.
(c) The initiation of a rehabilitation plan shall be the
responsibility of the director.
(d) Upon establishment of a rehabilitation plan, the injured
inmate shall cooperate in carrying it out.
(e) The injured inmate shall receive such medical and vocational
rehabilitative services as may be reasonably necessary to restore him
to suitable employment.
(f) The injured inmate's rehabilitation benefit is an additional
benefit and shall not be converted to or replace any workmen's
compensation benefit available to him.
5070. Notwithstanding any other provision of law, the sex of a
prison inmate shall not prevent the Director of Corrections from
assigning any prison inmate to academic or vocational training
programs situated in correctional institutions established for the
incarceration of offenders of the opposite sex.
5071. (a) The Secretary of the Department of Corrections and
Rehabilitation shall not assign any prison inmate to employment that
provides that inmate with access to personal information of private
individuals, including, but not limited to, the following: addresses;
telephone numbers; health insurance, taxpayer, school, or employee
identification numbers; mothers' maiden names; demand deposit
account, debit card, credit card, savings account, or checking
account numbers, PINs, or passwords; social security numbers; places
of employment; dates of birth; state- or government-issued driver's
license or identification numbers; alien registration numbers;
government passport numbers; unique biometric data, such as
fingerprints, facial scan identifiers, voice prints, retina or iris
images, or other similar identifiers; unique electronic
identification numbers; address or routing codes; and
telecommunication identifying information or access devices.
(b) Any person who is a prison inmate, and who has access to any
personal information, shall disclose that he or she is a prison
inmate before taking any personal information from anyone.
(c) This section shall not apply to inmates in employment programs
or public service facilities where incidental contact with personal
information may occur.
5072. (a) Notwithstanding any other provision of law, the State
Department of Corrections and Rehabilitation and the State Department
of Health Care Services may develop a process to maximize federal
financial participation for the provision of inpatient hospital
services rendered to individuals who, but for their institutional
status as inmates, are otherwise eligible for Medi-Cal pursuant to
Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of
the Welfare and Institutions Code or for the Coverage Expansion and
Enrollment Demonstration (CEED) Project pursuant to Part 3.6
(commencing with Section 15909) of Division 9 of the Welfare and
Institutions Code.
(b) (1) A CEED project shall reimburse a provider for the delivery
of inpatient hospital services pursuant to this section rendered to
an inmate whose county of last legal residence participates in the
CEED project.
(2) The State Department of Health Care Services may at its
discretion require a CEED Project, as a condition of participation as
a CEED project, to enroll an eligible inmate whose county of last
legal residence participates in that CEED project.
(c) (1) The Secretary of the Department of Corrections and
Rehabilitation, in conjunction with the State Department of Health
Care Services, shall develop a process to compensate CEED projects
for the nonfederal share of the payment they expend for both the
provision of inpatient hospital services rendered to inmates
according to this section and for any administrative costs incurred
in support of those services.
(2) Under the process described in paragraph (1), CEED projects
shall be held harmless for any disallowance or deferral when federal
action is taken due to the implementation of the state's policies,
directions, or requirements for the provision of services under this
section.
(3) Under the process described in paragraph (1), CEED projects
shall not experience any additional net expenditures of county funds
due to the provision of services under this section.
(4) Under the process described in paragraph (1), payments made by
CEED projects to providers for the delivery of hospital inpatient
services under this section shall be based upon the rate of
reimbursement that the department paid prior to the enactment of this
section, as adjusted under state law or department contract.
(5) As part of the process described in paragraph (1), the
department shall compensate a CEED project, in the form of a direct
grant, for uncompensated, allowable costs incurred as a result of
delivering services under this section, including hospital inpatient
services rendered to an inmate by an out-of-network provider.
(6) The state shall indemnify and hold harmless participating
entities that operate CEED projects, including all counties, and all
counties that operate in a consortium that participates as a CEED
project, against any and all losses, including, but not limited to,
claims, demands, liabilities, court costs, judgments, or obligations,
due to the implementation of this section as directed by the
secretary and the State Department of Health Care Services.
(d) (1) Nothing in this section shall be interpreted to restrict
or limit the eligibility or alter county responsibility for payment
of any service delivered to a parolee who has been released from
detention or incarceration and now resides in a county that
participates in the CEED project. If otherwise eligible for the
county's CEED project, the CEED project shall enroll the parolee.
(2) Notwithstanding paragraph (1), at the option of the state, for
enrolled parolees who have been released from detention or
incarceration and now reside in a county that participates in a CEED
project, the CEED project shall reimburse providers for the delivery
of services which are otherwise the responsibility of the state to
provide. Payment for these medical services, including both the state
and federal shares of reimbursement, shall be included as part of
the reimbursement process described in paragraph (1) of subdivision
(c).
(3) Enrollment of individuals in a CEED project under this
subdivision shall be subject to any enrollment limitations described
in subdivision (g) of Section 15910 of the Welfare and Institutions
Code.
(e) The department shall be responsible to the CEED project for
the nonfederal share of any reimbursement made for the provision of
inpatient hospital services rendered to inmates pursuant to this
section who are eligible for and enrolled in that CEED project.
(f) Except as otherwise provided by paragraph (5) of subdivision
(c), and notwithstanding any other provision of law, the inpatient
hospital services eligible for reimbursement under this section shall
be limited to only those services which are subject to funding with
federal financial participation pursuant to Title XIX of the Social
Security Act.
(g) This section shall have no force or effect if there is a final
judicial determination made by any state or federal court that is
not appealed, or by a court of appellate jurisdiction that is not
further appealed, in any action by any party, or a final
determination by the administrator of the federal Centers for
Medicare and Medicaid Services, that limits or affects the department'
s authority to select the hospitals used to provide inpatient
hospital services to inmates.
(h) It is the intent of the Legislature that the implementation of
this section will result in state General Fund savings for the
funding of inpatient hospital services and any related administrative
costs to the inmate population.
(i) Any agreements entered into between the department and any
CEED project to provide for reimbursement of services and
administrative expenditures as described in subdivision (c) shall not
be subject to Part 2 (commencing with Section 10100) of Division 2
of the Public Contract Code.
(j) This section shall be implemented in a manner that is
consistent with federal Medicaid law and regulations. The Director of
the State Department of Health Care Services shall seek any federal
approvals necessary for the implementation of this section. This
section shall be implemented only if and to the extent that any
necessary federal approval is obtained, and only to the extent that
existing levels of federal financial participation are not otherwise
jeopardized.
(k) To the extent that the Director of the State Department of
Health Care Services determines that existing levels of federal
financial participation are jeopardized, this section shall no longer
be implemented.
(l) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the State
Department of Health Care Services may, without taking any further
regulatory action, implement this section by means of all-county
letters, provider bulletins, facility letters, or similar
instructions.
(m) For purposes of this section, the following terms have the
following meanings:
(1) The term "county of last legal residence" means the county in
which the inmate resided at the time of arrest that resulted in
conviction and incarceration in a state prison facility.
(2) The term "inmate" means an adult who is involuntarily residing
in a state prison facility operated, administered, or regulated,
directly or indirectly, by the department.
(3) During the existence of the receivership established in United
States District Court for the Northern District of California, Case
No. CO1-1351 TEH, Plata v. Schwarzenegger, references in this section
to the "secretary" shall mean the receiver appointed in that action,
who shall implement portions of this section that would otherwise be
within the secretary's responsibility.
