Chapter 1 - The Department of Corrections and Rehabilitation

California Penal Code — §§ 5000-5035

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Sections (48)

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

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

(b)The primary objective of adult incarceration in the Department of Corrections and Rehabilitation shall be to facilitate the successful reintegration of the individuals in the department’s care back to their communities equipped with the tools to be drug-free, healthy, and employable members of society by providing education, treatment, and rehabilitative and restorative justice programs, all in a safe and humane

environment to promote personal growth for all residents, as set forth in the findings and declarations set forth in Sections 1170 and 5000.5. In implementing this objective, the Department of Corrections and Rehabilitation is encouraged to allow all incarcerated persons the opportunity to enroll in programs that promote successful return to the community.

§ 5000.5

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

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

(b)The Legislature recognizes that life in prison can never be the same as life in a free society. However, active steps should be taken to make conditions in prison as close to normal

life as possible, aside from loss of liberty, and to ensure that this normalization does not lead to inhumane prison conditions.

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

close to life outside of prison as possible, and should prepare incarcerated persons to be productive and contributing members of society upon their release.

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

§ 5001

Amended by Stats. 2006, Ch. 538, Sec. 519. Effective January 1, 2007.

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

§ 5002

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

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

(1)The Department of Penology.

(2)The State Board of Prison Directors.

(3)The Bureau of Paroles.

(4)The warden and the clerk of the

San Quentin Rehabilitation Center.

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

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

(7)The California Crime Commission.

(b)Whenever any designation of any of the departments, boards, bureaus, commissions, or officers mentioned in subdivision (a) is contained in any provision of law and this designation is expressly made to refer to the Department of

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

(c)The powers and duties of the State Board of Prison Directors and of the clerks of the state prisons and the California Institution for Men are transferred to and shall be exercised and performed by the Department of

Corrections and Rehabilitation, except as may be otherwise expressly provided by law.

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

Corrections and Rehabilitation.

When the designation of warden is expressly made to refer to the Department of Corrections and Rehabilitation, the department shall exercise the power and perform the duty exercised or performed by the warden.

(e)The Board of Parole Hearings shall succeed to and is hereby vested with all of the powers and duties

exercised and performed by the following boards when such powers and duties are not otherwise vested by law:

(1)The Board of Prison Terms and Paroles.

(2)The Advisory Pardon Board.

(3)The Adult Authority.

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

(5)The Community Release Board.

§ 5003

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

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

(a)Avenal State Prison.

(b)California Correctional Institution.

(c)California Health Care Facility, Stockton.

(d)California Institution for Men.

(e)California Institution for Women.

(f)California Men’s Colony.

(g)California Medical Facility.

(h)California Rehabilitation Center.

(i)California State Prison, Corcoran.

(j)California State Prison, Los Angeles County.

(k)California State Prison, Sacramento.

(l)California State Prison, Solano.

(m)California State Prison, Centinela.

(n)Calipatria State Prison.

(o)Central California Women’s Facility.

(p)Chuckawalla Valley State Prison.

(q)Correctional Training Facility.

(r)Folsom State Prison.

(s)High Desert State Prison.

(t)Ironwood State Prison.

(u)Kern Valley State Prison.

(v)Mule Creek State Prison.

(w)North Kern State Prison.

(x)Pelican Bay State Prison.

(y)Pleasant Valley State Prison.

(z)Richard J. Donovan Correctional Facility.

(aa) Salinas Valley State Prison.

(ab) San Quentin Rehabilitation Center.

(ac) Sierra Conservation Center.

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

(ae) Valley State Prison.

(af) Wasco State Prison.

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

§ 5003.1

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

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

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

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

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

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

§ 5003.2

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

(a)The Secretary of the Department of Corrections and Rehabilitation, or his or her designee, shall provide written notification to any county impacted by the opening, closing, or changing of location of any reception center that accepts prisoners from county facilities, or by the opening, closing, or changing of the location of a parole office. Written notification of these changes shall also be provided to the California State Association of Counties, the

California State Sheriffs’ Association, and the Chief Probation Officers of California at least 90 days prior to the proposed change.

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

§ 5003.5

Amended by Stats. 2005, Ch. 10, Sec. 34. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.

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

information and advice.

§ 5004

Added by Stats. 1949, Ch. 870.

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

§ 5004.5

Added by Stats. 1984, Ch. 608, Sec. 1. Effective July 19, 1984.

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

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

community.

§ 5004.7

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

(a)The department shall establish a statewide policy on operational procedures for the handling of threats made by inmates or wards, and threats made by family members of inmates or wards, against department staff. The policy shall include methods to ensure that department staff members are advised of threats made against them by inmates, wards, or family members of inmates or wards, and shall require that all threats against department staff made by inmates,

wards, or family members of inmates or wards are thoroughly investigated. A copy of the statewide policy shall be accessible to members of the public upon request.

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

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

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

§ 5005

Current Version

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

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

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

(c)The canteen operations at any prison or institution referred to in this section shall be audited biennially by the Department of Finance, and at the end of

each intervening fiscal year, each prison or institution shall prepare a statement of operations. At least one copy of any audit report or statement of operations shall be posted at the canteen and at least one copy shall be available to incarcerated persons at the library of each prison or institution.

(d)This section shall remain in effect only until January 1,

2028, and as of that date is repealed.

Future Version

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

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

(b)The department shall undertake to insure against damage or

loss of canteen and handicraft materials, supplies, and equipment owned by the Inmate Welfare Fund as provided in Section 5006.

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

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

§ 5006

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

(a)(1) All moneys now held for the benefit of inmates currently housed in Department of Corrections and Rehabilitation facilities including those known as the Inmate Canteen Fund of the California Institution for Men; the Inmate Welfare Fund of the California Institution for Women; the Trust Contingent Fund of the California State Prison at Folsom; the S.P.L. Commissary, Canteen Account, Hobby Association, Camp Account, Library Fund, News Agency of the San Quentin Rehabilitation Center, the Prisoners’ Fund; and the Prisoners’ Employment Fund, shall be deposited in the Inmate

Welfare Fund of the Department of Corrections and Rehabilitation, in the State Treasury, which is hereby created. The money in the fund shall be used solely for the benefit and welfare of inmates of prisons and institutions under the jurisdiction of the Department of Corrections and Rehabilitation, including the following:

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

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

(C) Educational programs, hobby and recreational programs, which may include physical education activities and hobby craft classes, inmate family

visiting services, leisure-time activities, and assistance with obtaining photo identification from the Department of Motor Vehicles.

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

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

of the Legislature that the funds only be expended on services other than those that the department is required to provide to inmates.

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

(c)The Department of Finance shall conduct a biennial audit of the Inmate Welfare Fund to include an audit report

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

§ 5006.1

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

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

(1)Overtime for staff coverage of special events.

(2)Television repair.

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

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

§ 5007

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

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

§ 5007.3

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

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

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

(A)The steering committee shall prioritize the continuation, expansion, or replication of rehabilitative programs that have

previously demonstrated success with incarcerated individuals within a correctional environment. This subparagraph does not disqualify a relatively new CBO that has programming that shows promise from applying for, or receiving, a grant.

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

(i)Increasing empathy and mindfulness.

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

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

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

(v)Victim impacts and understanding.

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

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

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

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

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

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

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

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

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

(d)To the extent amendments are made to a contract, after the

contract is awarded, that result in a significant change in the level of service provided by a grantee, the department shall submit the contract amendment to the steering committee for approval prior to executing the amendment.

(e)Each member of the steering committee shall receive one hundred dollars ($100) for each day in which that committee member is engaged in the performance of official duties. The performance of official duties includes all meetings, reviewing draft application and scoring documents, reading and evaluating grant applications, and any prison visits agreed to by the committee to review grantee programs. Total compensation shall not exceed five thousand dollars ($5,000) per committee member, per year. A government employee who is participating in the committee as part of their job and is continuing to receive their regular salary is not eligible for compensation. In addition to the compensation, all members of the

committee shall be reimbursed for necessary traveling and other expenses incurred in the performance of official duties. Any costs pursuant to this subdivision will be paid from CARE grant funding appropriated in the annual Budget Act.

§ 5007.4

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

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

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

(B)The foundation shall be aware of, and comply with, all federal and state statutes, rules, regulations, and department policies and directives. Notwithstanding subdivision (b), department policies and directives shall include,

but are not limited to, the California Correctional Health Care Services Health Care Department Operations Manual, Title 15 of the California Code of Regulations, policy memoranda issued by the Secretary of the Department of Corrections and Rehabilitation or jointly with the receiver of the California Correctional Health Care Services, and any similar departmentwide guidance issued by proper authority, of which the foundation has been informed by the department or that has been published on the department’s public internet website.

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

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

(2)Section 2807.

(3)The Public

Contract Code.

(4)The State Contracting Manual.

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

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

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

§ 5007.5

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

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

§ 5007.6

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

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

§ 5007.7

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

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

§ 5007.9