Title PEN, California Penal Code

(a) Every person who possesses, manufactures, or disposes of any flammable, or combustible material or substance, or any incendiary device in an arrangement or preparation, with intent to willfully and maliciously use this material, substance, or device to set fire to or burn any…

(a) Every person who violates Section 451 or 452 during and within an area of any of the following, when proclaimed by the Governor, shall be punished by imprisonment in the state prison, as specified in subdivision (b): (1) A state of insurrection pursuant to Section 143 of the …

(a) Any person who willfully and maliciously attempts to set fire to or attempts to burn or to aid, counsel or procure the burning of any structure, forest land or property, or who commits any act preliminary thereto, or in furtherance thereof, is punishable by imprisonment in th…

(a) Upon conviction for any felony violation of this chapter, in addition to the penalty prescribed, the court may impose a fine not to exceed fifty thousand dollars ($50,000) unless a greater amount is provided by law. (b) When any person is convicted of a violation of any provi…

Upon conviction of any person for a violation of any provision of this chapter, the court may order that such person, for the purpose of sentencing, submit to a psychiatric or psychological examination. (Added by renumbering Section 455 by Stats. 1979, Ch. 145.)

(a) As used in this section, “arson” means a violation of Section 451, 451.5, or 453, and attempted arson, which includes, but is not limited to, a violation of Section 455. (b) (1) Every person described in paragraph (2), (3), and (4), for the periods specified therein, shall, w…

The general authority to grant reprieves, pardons and commutations of sentence is conferred upon the Governor by Section 8 of Article V of the Constitution of the State of California. (Amended by Stats. 1969, Ch. 43.)

(a) The Board of Parole Hearings may report to the Governor, from time to time, the names of any and all persons imprisoned in any state prison who, in its judgment, ought to have a commutation of sentence or be pardoned and set at liberty on account of good conduct, or unusual t…

In the case of a person twice convicted of felony, the application for pardon or commutation of sentence shall be made directly to the Governor, who shall transmit all papers and documents relied upon in support of and in opposition to the application to the Board of Parole Heari…

The Governor shall make the application for a pardon and the application for a commutation available on the Governor’s Office Internet Web site and all applications for a direct pardon received by the Governor shall be promptly forwarded to the Board of Parole Hearings for an inv…

When an application is made to the Governor for pardon or commutation of sentence, or when an application has been referred to the Board of Parole Hearings, the Governor or the board may require the judge of the court before which the conviction was had, or the district attorney …

At least 10 days before the Governor acts upon an application for a pardon, written notice of the intention to apply therefor, signed by the person applying, must be served upon the district attorney of the county where the conviction was had, and proof, by affidavit, of the serv…

(a) At least 10 days before the Governor acts upon an application for a commutation of sentence, written notice of the intention to apply therefor, signed by the person applying, shall be served upon the district attorney of the county where the conviction was had, and proof, by …

The provisions of Sections 4804 and 4805 are not applicable: (a) When there is imminent danger of the death of the person convicted or imprisoned. (b) When the term of imprisonment of the applicant is within 10 days of its expiration. (Amended by Stats. 2011, Ch. 437, Sec. 5. (AB…

(a) At the beginning of every regular session of the Legislature, the Governor shall file a written report with the Legislature that shall include each application that was granted for each case of reprieve, pardon, or commutation by the Governor, or his or her predecessor in off…

Every application for pardon or commutation of sentence shall be accompanied by a full statement of any compensation being paid to any person for procuring or assisting in procuring the pardon or commutation or the pardon or commutation shall be denied. (Added by Stats. 1943, Ch.…

Every person who receives or agrees to receive any compensation or who receives any gift for procuring or assisting in procuring a pardon or commutation of sentence for any applicant must file with the Governor a full statement of the amount and character of such compensation or …

(a) The Board of Parole Hearings shall succeed to and shall exercise and perform all powers and duties granted to and imposed upon the Advisory Pardon Board by law. (b) The Advisory Pardon Board is abolished. (c) The report required of the Board of Parole Hearings by Section 4814…

(a) Upon request of the Governor, the Board of Parole Hearings shall investigate and report on all applications for reprieves, pardons, and commutations of sentence and shall make such recommendations to the Governor with reference thereto as it may seem advisable. To that end, t…

In the case of applications of persons twice convicted of a felony, the Board of Parole Hearings, after investigation, shall transmit its written recommendation upon such application to the Governor, together with all papers filed in connection with the application. (Amended by S…

(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 …

(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 l…

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…

(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.…

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) Calif…

(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 c…

(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 t…

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 r…

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 …

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 cou…

(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…

(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…

(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 Wom…

(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 …

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 invest…

(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 esta…

(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, servi…

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. (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 incarcerated person to request, review, or use their medical records. (Added by Stats. 2022, Ch. 837, Sec. 1. (SB 1139) Effective January 1, 2023.)

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 suff…

(a) The Secretary of the Department of Corrections and Rehabilitation shall not charge a fee for durable medical equipment or medical supplies provided to an inmate confined in the state prison as medically necessary to ensure the inmate has equal access to prison services, progr…

The Secretary of the Department of Corrections and Rehabilitation shall deposit any funds of inmates in his or her possession in trust with the Treasurer pursuant to Section 16305.3 of the Government Code. However, the Secretary of the Department of Corrections and Rehabilitation…

Subject to the availability of adequate state funding for these purposes, the Director of Corrections shall provide all inmates at each penal institution and prison facility under the jurisdiction of the department with information about behavior that places a person at high risk…

(a) During the intake medical examination or intake health screening, or while providing general information during intake, the department shall provide all inmates with information on hepatitis C, including, but not limited to, methods of hepatitis C transmission and prevention,…

(a) (1) It is the intent of the Legislature that all prisoners shall be afforded reasonable opportunities to exercise religious freedom. (2) It is the intent of the Legislature that all prisoners shall be afforded religious grooming, clothing, and headwear accommodations in accor…

(a) The Legislature hereby finds and declares that the predominant purpose of exercise in correctional facilities should be for the maintenance of the general health and welfare of inmates and that exercise equipment and programs in correctional facilities should be consistent wi…