§ 5002. — 5002. (Amended by Stats. 2023, Ch. 47, Sec. 18.)

California § 5002.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 7.
• Part 3.: TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM
• Ch. 1.: CHAPTER 1. The Department of Corrections and Rehabilitation

Text

(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.

Legislative History

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