2009 California Penal Code - Section 2078-2090 :: Article 2. Wardens

PENAL CODE
SECTION 2078-2090

2078.  It shall be the duty of the department to prosecute all
suits, at law or in equity, that may be necessary to protect the
rights of the State in matters of property connected with the prisons
and their management, such suits to be prosecuted in the name of the
department.

2080.  A copy of the rules and regulations prescribing the duties
and obligations of prisoners shall be furnished to each prisoner in a
state prison or other facility under the jurisdiction of the
Department of Corrections.

2081.  The director shall cause to be kept at each institution a
register of institution violations and what kind of punishments, if
any, are administered to prisoners or inmates; the offense committed;
the rule or rules violated; the nature of punishment administered;
the authority ordering such punishment; the duration of time during
which the offender was subjected to punishment; and the condition of
the prisoner's health.

2081.5.  The Director of Corrections shall keep complete case
records of all prisoners under custody of the department, which
records shall be made available to the Board of Prison Terms at such
times and in such form as the board may prescribe.
   Case records shall include all information received by the
Director of Corrections from the courts, probation officers,
sheriffs, police departments, district attorneys, State Department of
Justice, Federal Bureau of Investigation, and other interested
agencies and persons. Case records shall also include a record of
diagnostic findings, considerations, actions and dispositions with
respect to classification, treatment, employment, training, and
discipline as related to the institutional correctional program
followed for each prisoner.
   The director shall appoint, after consultation with the Board of
Prison Terms, such employees of the various institutions under his
control as may be necessary for the proper performance of the duties
of the Board of Prison Terms, and when requested shall also have in
attendance at hearings of the Board of Prison Terms, psychiatric or
medical personnel. The director shall furnish, after consultation
with the Board of Prison Terms and the Director of General Services,
such hearing rooms and other physical facilities at such institutions
as may be necessary for the proper performance of the duties of the
Board of Prison Terms.

2082.  The Director of Corrections shall within 30 days after
receiving persons convicted of crime and sentenced to serve terms in
the respective prisons under the jurisdiction of the Director of
Corrections, except those cases under juvenile court commitment,
furnish to the Department of Justice two copies of a report
containing the fingerprints and descriptions, including complete
details of marks, scars, deformities, or other peculiarities, and a
statement of the nature of the offense for which the person is
committed. One copy shall be transmitted by the Department of Justice
to the Federal Bureau of Investigation. The director shall notify
the Department of Justice whenever any of the prisoners dies,
escapes, is discharged, released on parole, transferred to or
returned from a state hospital, taken out to court or returned
therefrom, or whose custody is terminated in any other manner. The
Director of Corrections may furnish to the Department of Justice such
other fingerprints and information as may be useful for law
enforcement purposes. Any expenditures incurred in carrying out the
provisions of this section shall be paid for out of the appropriation
made for the support of state's prisons or the Department of
Corrections.

2084.  The department shall provide each prisoner with a bed,
sufficient covering of blankets, and with garments of substantial
material and of distinctive manufacture, and with sufficient plain
and wholesome food of such variety as may be most conducive to good
health.

2085.  The department shall keep a correct account of all money and
valuables upon the prisoner when delivered at the prison, and shall
pay the amount, or the proceeds thereof, or return the same to the
prisoner when discharged.

2085.5.  (a) In any case in which a prisoner owes a restitution fine
imposed pursuant to subdivision (a) of Section 13967 of the
Government Code, as operative prior to September 28, 1994,
subdivision (b) of Section 730.6 of the Welfare and Institutions
Code, or subdivision (b) of Section 1202.4, the Secretary of the
Department of Corrections and Rehabilitation shall deduct a minimum
of 20 percent or the balance owing on the fine amount, whichever is
less, up to a maximum of 50 percent from the wages and trust account
deposits of a prisoner, unless prohibited by federal law, and shall
transfer that amount to the California Victim Compensation and
Government Claims Board for deposit in the Restitution Fund in the
State Treasury. Any amount so deducted shall be credited against the
amount owing on the fine. The sentencing court shall be provided a
record of the payments.
   (b) In any case in which a prisoner owes a restitution order
imposed pursuant to subdivision (c) of Section 13967 of the
Government Code, as operative prior to September 28, 1994,
subdivision (h) of Section 730.6 of the Welfare and Institutions
Code, or subdivision (f) of Section 1202.4, the Secretary of the
Department of Corrections and Rehabilitation shall deduct a minimum
of 20 percent or the balance owing on the order amount, whichever is
less, up to a maximum of 50 percent from the wages and trust account
deposits of a prisoner, unless prohibited by federal law. The
secretary shall transfer that amount to the California Victim
Compensation and Government Claims Board for direct payment to the
victim, or payment shall be made to the Restitution Fund to the
extent that the victim has received assistance pursuant to that
program. The sentencing court shall be provided a record of the
payments made to victims and of the payments deposited to the
Restitution Fund pursuant to this subdivision.
   (c) The secretary shall deduct and retain from the wages and trust
account deposits of a prisoner, unless prohibited by federal law, an
administrative fee that totals 10 percent of any amount transferred
to the California Victim Compensation and Government Claims Board
pursuant to subdivision (a) or (b). The secretary shall deduct and
retain from any prisoner settlement or trial award, an administrative
fee that totals 5 percent of any amount paid from the settlement or
award to satisfy an outstanding restitution order or fine pursuant to
subdivision (j), unless prohibited by federal law. The secretary
shall deposit the administrative fee moneys in a special deposit
account for reimbursing administrative and support costs of the
restitution program of the Department of Corrections and
Rehabilitation. The secretary, at his or her discretion, may retain
any excess funds in the special deposit account for future
reimbursement of the department's administrative and support costs
for the restitution program or may transfer all or part of the excess
funds for deposit in the Restitution Fund.
   (d) In any case in which a parolee owes a restitution fine imposed
pursuant to subdivision (a) of Section 13967 of the Government Code,
as operative prior to September 28, 1994, subdivision (b) of Section
730.6 of the Welfare and Institutions Code, or subdivision (b) of
Section 1202.4, the secretary may collect from the parolee any moneys
owing on the restitution fine amount, unless prohibited by federal
law. The secretary shall transfer that amount to the California
Victim Compensation and Government Claims Board for deposit in the
Restitution Fund in the State Treasury. Any amount so deducted shall
be credited against the amount owing on the fine. The sentencing
court shall be provided a record of the payments.
   (e) In any case in which a parolee owes a direct order of
restitution, imposed pursuant to subdivision (c) of Section 13967 of
the Government Code, as operative prior to September 28, 1994,
subdivision (h) of Section 730.6 of the Welfare and Institutions
Code, or paragraph (3) of subdivision (a) of Section 1202.4, the
secretary may collect from the parolee any moneys owing, unless
prohibited by federal law. The secretary shall transfer that amount
to the California Victim Compensation and Government Claims Board for
direct payment to the victim, or payment shall be made to the
Restitution Fund to the extent that the victim has received
assistance pursuant to that program. The sentencing court shall be
provided a record of the payments made by the offender pursuant to
this subdivision.
   (f) The secretary may deduct and retain from any moneys collected
from parolees an administrative fee that totals 10 percent of any
amount transferred to the California Victim Compensation and
Government Claims Board pursuant to subdivision (d) or (e), unless
prohibited by federal law. The secretary shall deduct and retain from
any settlement or trial award of a parolee an administrative fee
that totals 5 percent of any amount paid from the settlement or award
to satisfy an outstanding restitution order or fine pursuant to
subdivision (j), unless prohibited by federal law. The secretary
shall deposit the administrative fee moneys in a special deposit
account for reimbursing administrative and support costs of the
restitution program of the Department of Corrections and
Rehabilitation. The secretary, at his or her discretion, may retain
any excess funds in the special deposit account for future
reimbursement of the department's administrative and support costs
for the restitution program or may transfer all or part of the excess
funds for deposit in the Restitution Fund.
   (g) When a prisoner has both a restitution fine and a restitution
order from the sentencing court, the Department of Corrections and
Rehabilitation shall collect the restitution order first pursuant to
subdivision (b).
   (h) When a parolee has both a restitution fine and a restitution
order from the sentencing court, the Department of Corrections and
Rehabilitation may collect the restitution order first, pursuant to
subdivision (e).
   (i) If an inmate is housed at an institution that requires food to
be purchased from the institution canteen for unsupervised overnight
visits, and if the money for the purchase of this food is received
from funds other than the inmate's wages, that money shall be exempt
from restitution deductions. This exemption shall apply to the actual
amount spent on food for the visit up to a maximum of fifty dollars
($50) for visits that include the inmate and one visitor, seventy
dollars ($70) for visits that include the inmate and two or three
visitors, and eighty dollars ($80) for visits that include the inmate
and four or more visitors.
   (j) Any compensatory or punitive damages awarded by trial or
settlement to any inmate or parolee in connection with a civil action
brought against any federal, state, or local jail, prison, or
correctional facility, or any official or agent thereof, shall be
paid directly, after payment of reasonable attorney's fees and
litigation costs approved by the court, to satisfy any outstanding
restitution orders or restitution fines against that person. The
balance of any award shall be forwarded to the payee after full
payment of all outstanding restitution orders and restitution fines,
subject to subdivisions (c) and (f). The Department of Corrections
and Rehabilitation shall make all reasonable efforts to notify the
victims of the crime for which that person was convicted concerning
the pending payment of any compensatory or punitive damages.
   (k) (1) Amounts transferred to the California Victim Compensation
and Government Claims Board for payment of direct orders of
restitution shall be paid to the victim within 60 days from the date
the restitution revenues are received by the California Victim
Compensation and Government Claims Board. If the restitution payment
to a victim is less than fifty dollars ($50), then payment need not
be forwarded to that victim until the payment reaches fifty dollars
($50) or until 180 days from the date the first payment is received,
whichever occurs sooner.
   (2) In any case in which a victim cannot be located, the
restitution revenues received by the California Victim Compensation
and Government Claims Board on behalf of the victim shall be held in
trust in the Restitution Fund until the end of the state fiscal year
subsequent to the state fiscal year in which the funds were deposited
or until the time that the victim has provided current address
information, whichever occurs sooner. Amounts remaining in trust at
the end of the specified period of time shall revert to the
Restitution Fund.
   (3) Any victim failing to provide a current address within the
period of time specified in paragraph (2) may provide documentation
to the Department of Corrections and Rehabilitation, which in turn
shall verify that moneys were in fact collected on behalf of the
victim. Upon receipt of that verified information from the Department
of Corrections and Rehabilitation, the California Victim
Compensation and Government Claims Board shall transmit the
restitution revenues to the victim in accordance with the provisions
of subdivision (b) or (e).

2086.  The wardens may make temporary rules and regulations, in case
of emergency, to remain in force until the department otherwise
provides.

2087.  The wardens shall perform such other duties as may be
prescribed by the department.

2090.  The department is hereby authorized to receive from the
Federal Government any federal prisoner and to charge and receive
from the United States, for the use of the State, an amount
sufficient for the support of each such federal prisoner, the cost of
all clothing that may be furnished, and one dollar ($1) per month
for the use of the prisoner. No other or further charges shall be
made by any officer for or on account of such prisoners.


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