2009 California Penal Code - Section 6024-6031.6 :: Article 1. General Provisions

PENAL CODE
SECTION 6024-6031.6

6024.  Commencing July 1, 2005, there is hereby established within
the Department of Corrections and Rehabilitation the Corrections
Standards Authority. As of July 1, 2005, any reference to the Board
of Corrections refers to the Corrections Standards Authority. As of
that date, the Board of Corrections is abolished.

6025.  (a)  Commencing July 1, 2005, the Corrections Standards
Authority shall be composed of 19 members, one of whom shall be the
Secretary of the Department of Corrections and Rehabilitation, or his
or her designee, who shall be designated as the chairperson, and
four of whom shall be subordinate officers of the secretary. At least
one subordinate officer shall be a manager or administrator of a
state correctional facility for adult offenders, and at least one
subordinate officer shall be a manager or administrator of a state
correctional facility for juvenile offenders. The remaining 14
members shall be appointed by the Governor after consultation with,
and with the advice of, the secretary, and with the advice and
consent of the Senate. The gubernatorial appointments shall include
all of the following:
   (1) A county sheriff in charge of a local detention facility which
has a Corrections Standards Authority rated capacity of 200 or less
inmates.
   (2) A county sheriff in charge of a local detention facility which
has a Corrections Standards Authority rated capacity of over 200
inmates.
   (3) A county supervisor or county administrative officer.
   (4) A chief probation officer from a county with a population over
200,000.
   (5) A chief probation officer from a county with a population
under 200,000.
   (6) A manager or administrator of a county local detention
facility.
   (7) An administrator of a local community-based correctional
program.
   (8) Two public members, at least one of whom shall represent the
interests of crime victims.
   (9) Four rank and file representatives: one juvenile probation
officer who is a first-line supervisor or lower rank, with a minimum
of five years of experience as a juvenile probation officer; one
deputy sheriff who is a sergeant or lower rank, with a minimum of
five years of experience in an adult correctional facility; one state
parole officer or parole agent; and one person with a minimum of
five years experience working in a state adult correctional facility.
   (10) A representative of a community-based youth service
organization.
   (b) The terms of the members appointed by the Governor shall
expire as follows: seven on July 1, 2007, and seven on July 1, 2008.
Successor members shall hold office for terms of three years, each
term to commence on the expiration date of the predecessor. Any
appointment to a vacancy that occurs for any reason other than
expiration of the term shall be for the remainder of the unexpired
term. Members are eligible for reappointment.
   (c) The authority shall select a vice chairperson from among its
members. Ten members of the board shall constitute a quorum.
   (d) When the authority is hearing charges against any member, the
individual concerned shall not sit as a member of the board for the
period of hearing of charges and the determination of recommendations
to the Governor.
   (e) If any appointed member is not in attendance for three
consecutive meetings the authority may recommend to the Governor that
the member be removed and the Governor may make a new appointment,
with the advice and consent of the Senate, for the remainder of the
term.

6025.1.  Members of the board shall receive no compensation, but
shall be reimbursed for their actual and necessary travel expenses
incurred in the performance of their duties. For purposes of
compensation, attendance at meetings of the board shall be deemed
performance by a member of the duties of his state or local
governmental employment.

6025.5.  The Director of Corrections, Board of Prison Terms, the
Youthful Offender Parole Board, and the Director of the Youth
Authority shall file with the Board of Corrections for information of
the board or for review and advice to the respective agency as the
board may determine, all rules, regulations and manuals relating to
or in implementation of policies, procedures, or enabling laws.

6025.6.  The Board of Corrections may delegate any ministerial
authority or duty conferred or imposed upon the board to a
subordinate officer subject to those conditions as it may choose to
impose.

6026.  The Corrections Standards Authority shall be the means
whereby the Department of Corrections and Rehabilitation may
correlate its individual programs for adults and youths under its
jurisdiction.

6027.  It shall be the duty of the Board of Corrections to make a
study of the entire subject of crime, with particular reference to
conditions in the State of California, including causes of crime,
possible methods of prevention of crime, methods of detection of
crime and apprehension of criminals, methods of prosecution of
persons accused of crime, and the entire subject of penology,
including standards and training for correctional personnel, and to
report its findings, its conclusions and recommendations to the
Governor and the Legislature at such times as they may require.

6028.  Upon request of the Board of Corrections or upon his own
initiative, the Governor from time to time may create by executive
order one or more special commissions to assist the Board of
Corrections in the study of crime pursuant to Section 6027. Each such
special commission shall consist of not less than three nor more
than five members, who shall be appointed by the Governor. The
members of any such special commission shall serve without
compensation, except that they shall receive their actual and
necessary expenses incurred in the discharge of their duties.
   The executive order creating each special commission shall specify
the subjects and scope of the study to be made by the commission,
and shall fix a time within which the commission shall make its final
report. Each commission shall cease to exist when it makes its final
report.

6028.1.  Each such special commission may investigate any and all
matters relating to the subjects specified in the order creating it.
In the exercise of its powers the commission shall be subject to the
following conditions and limitations:
   (a) A witness at any hearing shall have the right to have present
at such hearing counsel of his own choice, for the purpose of
advising him concerning his constitutional rights.
   (b) No hearing shall be televised or broadcast by radio, nor shall
any mechanical, photographic or electronic record of the proceedings
at any hearing be televised or broadcast by radio.

6028.2.  The Secretary of the Youth and Adult Correctional Agency
may furnish for the use of any such commission such facilities,
supplies, and personnel as may be available therefor.

6028.3.  All such special commissions shall make all their reports
and recommendations to the Board of Corrections. The Board of
Corrections shall consider such reports and recommendations, and
shall transmit them to the Governor and the Legislature, together
with its own comments and recommendations on the subject matter
thereof, within the first 30 days of the next succeeding general or
budget session of the Legislature. The Board of Corrections shall
also file copies of such reports with the Attorney General, the State
Library and such other state departments as may appear to have an
official interest in the subject matter of the report or reports in
question.

6028.4.  The Governor shall report to each regular session of the
Legislature the names of any persons appointed under Section 6028
together with a statement of expenses incurred.

6029.  (a) The plans and specifications of every jail, prison, or
other place of detention of persons charged with or convicted of
crime or of persons detained pursuant to the Juvenile Court Law
(Chapter 2 (commencing with Section 200) of Division 2 of the Welfare
and Institutions Code) or the Youth Authority Act (Chapter 1
(commencing with Section 1700) of Division 2.5 of the Welfare and
Institutions Code), if those plans and specifications involve
construction, reconstruction, remodeling, or repairs of an aggregate
cost in excess of fifteen thousand dollars ($15,000), shall be
submitted to the board for its recommendations. Upon request of any
city, city and county, or county, the board shall consider the entire
program or group of detention facilities currently planned or under
consideration by the city, city and county, or county, and make a
study of the entire needs of the city, city and county, or county
therefor, and make recommendations thereon. No state department or
agency other than the board shall have authority to make
recommendations in respect to plans and specifications for the
construction of county jails or other county detention facilities or
for alterations thereto, except such recommendations as the board may
request from any such state department or agency.
   (b) As used in this section, "place of detention" includes, but is
not limited to, a correctional treatment center, as defined in
subdivision (k) of Section 1250 of the Health and Safety Code, which
is operated by a city, city and county, or county.

6029.1.  (a) There is hereby created the County Jail Capital
Expenditure Fund. Moneys in the County Jail Capital Expenditure Fund
shall be expended by the Board of Corrections as specified in this
section to assist counties to finance jail construction. Moneys in
the County Jail Capital Expenditure Fund shall be available for
encumbrance without regard to fiscal years, and notwithstanding any
other provision of law, shall not revert to the General Fund or be
transferred to any other fund or account in the State Treasury except
for purposes of investment as provided in Article 4 (commencing with
Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of
the Government Code. All interest or other increment resulting from
such investment shall be deposited in the County Jail Capital
Expenditure Fund, notwithstanding Section 16305.7 of the Government
Code.
   (b) As used in this section, "construction" shall include, but not
be limited to, reconstruction, remodeling, replacement of
facilities, and the performance of deferred maintenance activities on
facilities pursuant to rules and regulations regarding such
activities as shall be adopted by the Board of Corrections.
   (c) The Board of Corrections shall provide financial assistance to
counties from the County Jail Capital Expenditure Fund according to
policies, criteria, and procedures adopted by the board pursuant to
recommendations made by the appropriate subcommittees of the Senate
Committee on Criminal Procedure and the Assembly Committee on Public
Safety and after consulting with a representative sample of county
boards of supervisors and sheriffs.
   (d) In performing the duties set forth in this section, the Board
of Corrections and the policy committees of the Legislature shall
consider the following:
   (1) The extent to which the county requesting aid has exhausted
all other available means of raising the requested funds for the
capital improvements and the extent to which the funds from the
County Jail Capital Expenditure Fund will be utilized to attract
other sources of capital financing for county jail facilities;
   (2) The extent to which a substantial county match shall be
required and any circumstances under which the county match may be
reduced or waived;
   (3) The extent to which the county's match shall be based on the
county's previous compliance with Board of Corrections standards;
   (4) The extent to which the capital improvements are necessary to
the life or safety of the persons confined or employed in the
facility or the health and sanitary conditions of the facility;
   (5) The extent to which the county has utilized reasonable
alternatives to pre- and post-conviction incarceration, including,
but not limited to, programs to facilitate release upon one's own
recognizance where appropriate to individuals pending trial,
sentencing alternatives to custody, and civil commitment or diversion
programs consistent with public safety for those with drug- or
alcohol-related problems or mental or developmental disabilities.

6029.5.  The Board of Corrections is authorized to expend money from
the County Jail Capital Expenditure Fund, created pursuant to
Sections 4412 and 6029.1, on joint use correctional facilities
housing county and state or federal prisoners or any combination
thereof in proportion to the county benefit.

6030.  (a) The Corrections Standards Authority shall establish
minimum standards for state and local correctional facilities. The
standards for state correctional facilities shall be established by
January 1, 2007. The authority shall review those standards
biennially and make any appropriate revisions.
   (b) The standards shall include, but not be limited to, the
following: health and sanitary conditions, fire and life safety,
security, rehabilitation programs, recreation, treatment of persons
confined in state and local correctional facilities, and personnel
training.
   (c) The standards shall require that at least one person on duty
at the facility is knowledgeable in the area of fire and life safety
procedures.
   (d) The standards shall also include requirements relating to the
acquisition, storage, labeling, packaging, and dispensing of drugs.
   (e) The standards shall require that inmates who are received by
the facility while they are pregnant are provided all of the
following:
   (1) A balanced, nutritious diet approved by a doctor.
   (2) Prenatal and postpartum information and health care,
including, but not limited to, access to necessary vitamins as
recommended by a doctor.
   (3) Information pertaining to childbirth education and infant
care.
   (4) A dental cleaning while in a state facility.
   (f) The standards shall provide that at no time shall a woman who
is in labor be shackled by the wrists, ankles, or both including
during transport to a hospital, during delivery, and while in
recovery after giving birth, except as provided in Section 5007.7.
   (g) In establishing minimum standards, the authority shall seek
the advice of the following:
   (1) For health and sanitary conditions:
   The State Department of Health Services, physicians,
psychiatrists, local public health officials, and other interested
persons.
   (2) For fire and life safety:
   The State Fire Marshal, local fire officials, and other interested
persons.
   (3) For security, rehabilitation programs, recreation, and
treatment of persons confined in correctional facilities:
   The Department of Corrections and Rehabilitation, state and local
juvenile justice commissions, state and local correctional officials,
experts in criminology and penology, and other interested persons.
   (4) For personnel training:
   The Commission on Peace Officer Standards and Training,
psychiatrists, experts in criminology and penology, the Department of
Corrections and Rehabilitation, state and local correctional
officials, and other interested persons.
   (5) For female inmates and pregnant inmates in local adult and
juvenile facilities:
   The California State Sheriffs' Association and Chief Probation
Officers' Association of California, and other interested persons.

6031.  (a) The Board of Corrections shall inspect each local
detention facility in the state biennially.
   (b) This section shall become operative on July 1, 1997.

6031.1.  Inspections of local detention facilities shall be made
biennially. Inspections of privately operated work furlough
facilities and programs shall be made biennially unless the work
furlough administrator requests an earlier inspection. Inspections
shall include, but not be limited to, the following:
   (a) Health and safety inspections conducted pursuant to Section
101045 of the Health and Safety Code.
   (b) Fire suppression preplanning inspections by the local fire
department.
   (c) Security, rehabilitation programs, recreation, treatment of
persons confined in the facilities, and personnel training by the
staff of the Board of Corrections.
   Reports of each facility's inspection shall be furnished to the
official in charge of the local detention facility or, in the case of
a privately operated facility, the work furlough administrator, the
local governing body, the grand jury, and the presiding judge of the
superior court in the county where the facility is located. These
reports shall set forth the areas wherein the facility has complied
and has failed to comply with the minimum standards established
pursuant to Section 6030.

6031.2.  The Board of Corrections shall file with the Legislature on
December 30, in each even-numbered year, reports to the Legislature
which shall include information on all of the following:
   (a) Inspection of those local detention facilities that have not
complied with the minimum standards established pursuant to Section
6030. The reports shall specify those areas in which the facility has
failed to comply and the estimated cost to the facility necessary to
accomplish compliance with the minimum standards.
   (b) Information regarding the progress and effectiveness of the
standards and training program contained in Sections 6035 to 6037,
inclusive.
   (c) Status of funds expended, interest earned, actions
implementing the prerequisites for funding, any reallocations of
funds pursuant to Sections 4497.04 to 4497.16, inclusive, and a
complete listing of funds allocated to each county.
   (d) Inmate accounting system data to be maintained on an annual
basis by the sheriff, chief of police, or other official in charge of
operating the adult detention system in a county or city, including
all of the following:
   (1) Average daily population of sentenced and unsentenced
prisoners classified according to gender and juvenile status.
   (2) Jail admissions of sentenced and unsentenced prisoners,
booking charge, date and time of booking, date and time of release,
and operating expenses.
   (3) Detention system capital and operating expenses.

6031.3.  The Board of Corrections is authorized to apply for any
funds that may be available from the federal government to further
the purposes of Sections 6030 to 6031.2, inclusive.

6031.4.  (a) For the purpose of this title, "local detention
facility" means any city, county, city and county, or regional
facility used for the confinement for more than 24 hours of adults,
or of both adults and minors, but does not include that portion of a
facility for the confinement of both adults and minors which is
devoted only to the confinement of minors.
   (b) In addition to those provided for in subdivision (a), for the
purposes of this title, "local detention facility" also includes any
city, county, city and county, or regional facility, constructed on
or after January 1, 1978, used for the confinement, regardless of the
length of confinement, of adults or of both adults and minors, but
does not include that portion of a facility for the confinement of
both adults and minors which is devoted only to the confinement of
minors.
   (c) "Local detention facility" also includes any adult detention
facility, exclusive of any facility operated by the California
Department of Corrections or any facility holding inmates pursuant to
Section 2910.5, Chapter 4 (commencing with Section 3410) of Title 2
of, Chapter 9.2 (commencing with Section 6220) of Title 7 of, Chapter
9.5 (commencing with Section 6250) of Title 7 of, or Chapter 9.6
(commencing with Section 6260) of Title 7 of, Part 3, that holds
local prisoners under contract on behalf of cities, counties, or
cities and counties. Nothing in this subdivision shall be construed
as affecting or authorizing the establishment of private detention
facilities.
   (d) For purposes of this title, a local detention facility does
not include those rooms that are used for holding persons for
interviews, interrogations, or investigations, and are either
separate from a jail or located in the administrative area of a law
enforcement facility.

6031.5.  For the purposes of this chapter, the term "correctional
personnel" means either of the following:
   (1) Any person described by subdivision (a) or (b) of Section
830.5, 830.55, 831, or 831.5.
   (2) Any class of persons who perform supervision, custody, care,
or treatment functions and are employed by the Department of
Corrections, the Department of the Youth Authority, any correctional
or detention facility, probation department, community-based
correctional program, or other state or local public facility or
program responsible for the custody, supervision, treatment, or
rehabilitation of persons accused of, or adjudged responsible for,
criminal or delinquent conduct.

6031.6.  (a) Any privately operated local detention facility
responsible for the custody and control of any local prisoner shall,
as required by subdivision (a) of Section 1208, operate pursuant to a
contract with the city, county, or city and county, as appropriate.
   (b) (1) Each contract shall include, but not be limited to, a
provision whereby the private agency or entity agrees to operate in
compliance with all appropriate state and local building, zoning,
health, safety, and fire statutes, ordinances, and regulations, and
with the minimum jail standards established by regulations adopted by
the Board of Corrections, as set forth in Subchapter 4 (commencing
with Section 1000) of Chapter 1 of Division 1 of Title 15 of the
California Code of Regulations.
   (2) The private agency or entity shall select and train its
personnel in accordance with selection and training requirements
adopted by the Board of Corrections as set forth in Subchapter 1
(commencing with Section 100) of Chapter 1 of Division 1 of Title 15
of the California Code of Regulations.
   (3) The failure of a privately operated local detention facility
to comply with the appropriate health, safety, and fire laws, or with
the minimum jail standards adopted by the Board of Corrections, may
constitute grounds for the termination of the contract.
   (c) Upon the discovery of a failure of a privately operated local
detention facility to comply with the requirements of subdivision
(b), the local governmental entity shall notify the director of the
facility that sanctions shall be applied or the contract shall be
canceled if the specified deficiencies are not corrected within 60
days.

Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.