§ 5058.2. — 5058.2. (Added by Stats. 2001, Ch. 141, Sec. 3.)

California § 5058.2.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 7.
• Part 3.: TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM
• Ch. 2.: CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation

Text

(a)
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to a department action or policy implementing an action, that is based on a determination by the director that there is a compelling need for immediate action, and that unless the action is taken, serious injury, illness, or death is likely to result. The action, or the policy implementing the action, may be taken provided that the following conditions shall subsequently be met:
(1)
A written determination of imminent danger shall be issued describing the compelling need and why the specific action or actions must be taken to address the compelling need.
(2)
The written determination of imminent danger shall be mailed within 10 working days to every person who has filed a request for notice of regulatory actions with the department and to the Chief Clerk of the Assembly and the Secretary of the Senate for referral to the appropriate policy committees.
(b)
Any policy in effect pursuant to a determination of imminent danger shall lapse by operation of law 15 calendar days after the date of the written determination of imminent danger unless an emergency regulation is filed with the Office of Administrative Law pursuant to Section 5058.3. This section shall in no way exempt the department from
compliance with other provisions of law related to fiscal matters of the state.

Legislative History

Added by Stats. 2001, Ch. 141, Sec. 3. Effective January 1, 2002.