§ 6401. — 6401. (Added by Stats. 2022, Ch. 837, Sec. 2.)

California § 6401.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 7.
• Part 3.: TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM
• Ch. 10.7.: CHAPTER 10.7. Prison Visitation

Text

(a)
(1)
At intake, every incarcerated person shall be asked whom they want covered by the following documents and shall be assisted in completing the necessary paperwork for the following documents:
(A)
Approved visitor list. If the incarcerated person would like to add a visitor, the department shall provide a visitor application form for the incarcerated person to
sign and send to the potential visitor, who may then complete and submit it to the visiting department of the facility.
(B)
Medical release of information form.
(C)
Medical power of attorney form.
(D)
Next of kin form authorizing control over body and possessions in case of death.
(2)
Incarcerated persons shall have the ability
to update the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) at any time. At least once a year, the department shall offer incarcerated persons the opportunity to review and update, as necessary, the forms in subparagraphs (A) to (D), inclusive, of paragraph (1).
(b)
Emergency telephone calls shall be made available to persons outside of the Department of Corrections and Rehabilitation and to incarcerated people, as specified under paragraphs (1) and (2). The department shall allow persons outside the facility to initiate a
telephone call to an incarcerated person in either of the circumstances described in paragraphs (1) and (2).
(1)
When the incarcerated person has been admitted to the hospital for a serious
or critical medical
condition, as defined in subparagraph (A).
(A)
Within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, the department shall inform all
persons covered by the current medical release of information form about the incarcerated person’s health status, and shall facilitate telephone calls between the incarcerated person and those persons if the incarcerated person consents. A serious or critical medical condition may include any of the following:
(i)
A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease.
(ii)
A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment.
(iii)
The incarcerated person has been admitted to a public or community hospital.
(B)
If the incarcerated person has died, the department shall notify all persons covered by the current medical release of information form and next of kin form within 24 hours.
(C)
If the incarcerated person is able to provide knowing and voluntary consent, the department shall, within 24 hours of being admitted to a hospital within a prison, ask the incarcerated person whether
they want to add people to any of the forms included in
subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a). The department shall promptly assist, as able, the incarcerated person in completing the paperwork. The department shall promptly inform the designated persons on the medical release form of the incarcerated person’s condition and facilitate a
telephone call between the incarcerated person and the designated
persons, if one is requested.
(2)
The department shall maintain a telephone line for outside people to call to inform the department that a family member or a person designated in any of the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision
(a) has become critically ill or has died while the incarcerated person has been hospitalized. The department shall attempt to verify the identity of the caller and whether the person has become critically ill or has died, and promptly notify the incarcerated person of these calls upon their receipt.
(c)
Emergency in-person contact visits and video calls shall be made available whenever an incarcerated person is hospitalized
due to a serious or critical medical condition, including imminent danger of dying. If in-person contact visits are unavailable at the facility due to a public health emergency or are inconsistent with the patient’s current medical treatment needs, as determined by their medical provider, video calls shall be made available. Any visitor approval process shall be conducted through an expedited process and any request responded to with an approval or a denial
within 24 hours. If in-person visits are not able to occur within the 24-hour timeframe and the individual is in imminent danger of dying, a video visit shall be offered without clearance. When the incarcerated person is in imminent danger of dying, the department shall allow up to four visitors at one time to visit the incarcerated person.
(d)
For purposes of this section, “hospital” shall include an on-site facility set up to provide hospital-like services during a public health emergency.

Legislative History

Added by Stats. 2022, Ch. 837, Sec. 2. (SB 1139) Effective January 1, 2023. Conditionally operative as prescribed by its own provisions.