| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 553Introduced by Senator CorteseFebruary 20, 2025 An act to amend Section 7460 of, to amend the heading of Chapter 18 (commencing with Section 7460) of Title 7 of Part 3 of, and to add Sections 7468 and 7469 to, the Penal Code, relating to prisons. LEGISLATIVE COUNSEL'S DIGESTSB 553, as introduced, Cortese. Prisons: clearances.Existing law requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates regardless of security level or sentence length. Existing law establishes various clearance levels for program providers in state prisons, including short-term clearance, annual program provider clearance, and statewide program provider clearance, as defined. Existing law establishes a procedure for a program provider to receive one of these clearances and an identification card to gain entry into the state prison and requires the department to provide state prisons with forms for program providers to obtain the clearances.This bill would require the department to create standardized clearance forms for legal professionals to apply for annual clearance to gain approval to provide legal services at all institutions, as specified. The bill would also require the department to, upon request, give a short-term clearance without the requirement to apply for a long-term clearance to specified individuals, including, among others, the Governor and all cabinet members, members of the Legislature and their staff, and current judges of the state.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The heading of Chapter 18 (commencing with Section 7460) of Title 7 of Part 3 of the Penal Code is amended to read: CHAPTER 18. Rehabilitative Program Providers ClearancesSEC. 2. Section 7460 of the Penal Code is amended to read:7460. For purposes of this chapter, the following definitions apply:(a) Annual clearance refers to a clearance allowing a program provider to enter one institution for a full calendar year.(b) Institution refers to a California state prison.(c) Program provider refers to an individual affiliated with a nonprofit organization or a volunteer that originates outside the Department of Corrections and Rehabilitation and provides rehabilitative programming to incarcerated people.(d) Program provider identification card refers to an identification card that allows a program provider to enter a specified institution without a sponsor.(e) Short-term clearance refers to a clearance that allows a program provider to enter an institution for three or fewer days per specific event.(f) Sponsor refers to correctional staff at an institution assigned to escort program providers within the institution.(g) Statewide program provider clearance refers to a clearance status provided to a program provider entering more than three institutions on a routine basis consistent with their program provider status and entitles them to a program provider identification card.(h) (1) Legal professional refers to an attorney or attorney representative.(2) An attorney representative is any of the following:(A) A private investigator licensed by any state and sponsored by the attorney or appointed by the court.(B) An investigator who is employed by a government agency, public agency, or public institution.(C) A law student sponsored by the attorney.(D) A legal paraprofessional sponsored by the attorney or appointed by the court.(E) An employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator.SEC. 3. Section 7468 is added to the Penal Code, to read:7468. (a) The department shall provide standardized clearance forms for legal professionals to apply for annual clearances.(b) A legal professional applying for an annual clearance shall complete a standardized clearance form for approval to provide legal services at all institutions.(c) A legal professional shall renew their clearance annually.(d) The department shall notify all legal professional applicants for annual clearance of the decision to approve or disapprove the application within 30 days of receipt of the application. If the department has not received the applicable information from the Department of Justice after 30 days, the department shall provide an update to the applicant. The department shall notify applicants of the decision to approve or disapprove the application within 30 days of receiving the applicable information from the Department of Justice.SEC. 4. Section 7469 is added to the Penal Code, to read:7469. The following persons shall be granted short-term clearance without the requirement to apply for a clearance for all Department of Corrections and Rehabilitation facilities upon request:(a) The Governor and all cabinet members.(b) Members of the Legislature and legislative staff.(c) Current judges of the State of California. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 553Introduced by Senator CorteseFebruary 20, 2025 An act to amend Section 7460 of, to amend the heading of Chapter 18 (commencing with Section 7460) of Title 7 of Part 3 of, and to add Sections 7468 and 7469 to, the Penal Code, relating to prisons. LEGISLATIVE COUNSEL'S DIGESTSB 553, as introduced, Cortese. Prisons: clearances.Existing law requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates regardless of security level or sentence length. Existing law establishes various clearance levels for program providers in state prisons, including short-term clearance, annual program provider clearance, and statewide program provider clearance, as defined. Existing law establishes a procedure for a program provider to receive one of these clearances and an identification card to gain entry into the state prison and requires the department to provide state prisons with forms for program providers to obtain the clearances.This bill would require the department to create standardized clearance forms for legal professionals to apply for annual clearance to gain approval to provide legal services at all institutions, as specified. The bill would also require the department to, upon request, give a short-term clearance without the requirement to apply for a long-term clearance to specified individuals, including, among others, the Governor and all cabinet members, members of the Legislature and their staff, and current judges of the state.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION |
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| 11 | 11 | | Senate Bill |
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| 12 | 12 | | |
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| 13 | 13 | | No. 553 |
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| 14 | 14 | | |
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| 15 | 15 | | Introduced by Senator CorteseFebruary 20, 2025 |
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| 16 | 16 | | |
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| 17 | 17 | | Introduced by Senator Cortese |
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| 18 | 18 | | February 20, 2025 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to amend Section 7460 of, to amend the heading of Chapter 18 (commencing with Section 7460) of Title 7 of Part 3 of, and to add Sections 7468 and 7469 to, the Penal Code, relating to prisons. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | SB 553, as introduced, Cortese. Prisons: clearances. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates regardless of security level or sentence length. Existing law establishes various clearance levels for program providers in state prisons, including short-term clearance, annual program provider clearance, and statewide program provider clearance, as defined. Existing law establishes a procedure for a program provider to receive one of these clearances and an identification card to gain entry into the state prison and requires the department to provide state prisons with forms for program providers to obtain the clearances.This bill would require the department to create standardized clearance forms for legal professionals to apply for annual clearance to gain approval to provide legal services at all institutions, as specified. The bill would also require the department to, upon request, give a short-term clearance without the requirement to apply for a long-term clearance to specified individuals, including, among others, the Governor and all cabinet members, members of the Legislature and their staff, and current judges of the state. |
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| 30 | 30 | | Existing law requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates regardless of security level or sentence length. Existing law establishes various clearance levels for program providers in state prisons, including short-term clearance, annual program provider clearance, and statewide program provider clearance, as defined. Existing law establishes a procedure for a program provider to receive one of these clearances and an identification card to gain entry into the state prison and requires the department to provide state prisons with forms for program providers to obtain the clearances. |
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| 31 | 31 | | |
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| 32 | 32 | | This bill would require the department to create standardized clearance forms for legal professionals to apply for annual clearance to gain approval to provide legal services at all institutions, as specified. The bill would also require the department to, upon request, give a short-term clearance without the requirement to apply for a long-term clearance to specified individuals, including, among others, the Governor and all cabinet members, members of the Legislature and their staff, and current judges of the state. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 35 | 35 | | |
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| 36 | 36 | | ## Bill Text |
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| 37 | 37 | | |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. The heading of Chapter 18 (commencing with Section 7460) of Title 7 of Part 3 of the Penal Code is amended to read: CHAPTER 18. Rehabilitative Program Providers ClearancesSEC. 2. Section 7460 of the Penal Code is amended to read:7460. For purposes of this chapter, the following definitions apply:(a) Annual clearance refers to a clearance allowing a program provider to enter one institution for a full calendar year.(b) Institution refers to a California state prison.(c) Program provider refers to an individual affiliated with a nonprofit organization or a volunteer that originates outside the Department of Corrections and Rehabilitation and provides rehabilitative programming to incarcerated people.(d) Program provider identification card refers to an identification card that allows a program provider to enter a specified institution without a sponsor.(e) Short-term clearance refers to a clearance that allows a program provider to enter an institution for three or fewer days per specific event.(f) Sponsor refers to correctional staff at an institution assigned to escort program providers within the institution.(g) Statewide program provider clearance refers to a clearance status provided to a program provider entering more than three institutions on a routine basis consistent with their program provider status and entitles them to a program provider identification card.(h) (1) Legal professional refers to an attorney or attorney representative.(2) An attorney representative is any of the following:(A) A private investigator licensed by any state and sponsored by the attorney or appointed by the court.(B) An investigator who is employed by a government agency, public agency, or public institution.(C) A law student sponsored by the attorney.(D) A legal paraprofessional sponsored by the attorney or appointed by the court.(E) An employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator.SEC. 3. Section 7468 is added to the Penal Code, to read:7468. (a) The department shall provide standardized clearance forms for legal professionals to apply for annual clearances.(b) A legal professional applying for an annual clearance shall complete a standardized clearance form for approval to provide legal services at all institutions.(c) A legal professional shall renew their clearance annually.(d) The department shall notify all legal professional applicants for annual clearance of the decision to approve or disapprove the application within 30 days of receipt of the application. If the department has not received the applicable information from the Department of Justice after 30 days, the department shall provide an update to the applicant. The department shall notify applicants of the decision to approve or disapprove the application within 30 days of receiving the applicable information from the Department of Justice.SEC. 4. Section 7469 is added to the Penal Code, to read:7469. The following persons shall be granted short-term clearance without the requirement to apply for a clearance for all Department of Corrections and Rehabilitation facilities upon request:(a) The Governor and all cabinet members.(b) Members of the Legislature and legislative staff.(c) Current judges of the State of California. |
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| 39 | 39 | | |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 43 | 43 | | |
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| 44 | 44 | | SECTION 1. The heading of Chapter 18 (commencing with Section 7460) of Title 7 of Part 3 of the Penal Code is amended to read: CHAPTER 18. Rehabilitative Program Providers Clearances |
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| 45 | 45 | | |
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| 46 | 46 | | SECTION 1. The heading of Chapter 18 (commencing with Section 7460) of Title 7 of Part 3 of the Penal Code is amended to read: |
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| 47 | 47 | | |
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| 48 | 48 | | ### SECTION 1. |
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| 49 | 49 | | |
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| 50 | 50 | | CHAPTER 18. Rehabilitative Program Providers Clearances |
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| 51 | 51 | | |
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| 52 | 52 | | CHAPTER 18. Rehabilitative Program Providers Clearances |
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| 53 | 53 | | |
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| 54 | 54 | | CHAPTER 18. Rehabilitative Program Providers Clearances |
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| 55 | 55 | | |
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| 56 | 56 | | CHAPTER 18. Rehabilitative Program Providers Clearances |
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| 57 | 57 | | |
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| 58 | 58 | | SEC. 2. Section 7460 of the Penal Code is amended to read:7460. For purposes of this chapter, the following definitions apply:(a) Annual clearance refers to a clearance allowing a program provider to enter one institution for a full calendar year.(b) Institution refers to a California state prison.(c) Program provider refers to an individual affiliated with a nonprofit organization or a volunteer that originates outside the Department of Corrections and Rehabilitation and provides rehabilitative programming to incarcerated people.(d) Program provider identification card refers to an identification card that allows a program provider to enter a specified institution without a sponsor.(e) Short-term clearance refers to a clearance that allows a program provider to enter an institution for three or fewer days per specific event.(f) Sponsor refers to correctional staff at an institution assigned to escort program providers within the institution.(g) Statewide program provider clearance refers to a clearance status provided to a program provider entering more than three institutions on a routine basis consistent with their program provider status and entitles them to a program provider identification card.(h) (1) Legal professional refers to an attorney or attorney representative.(2) An attorney representative is any of the following:(A) A private investigator licensed by any state and sponsored by the attorney or appointed by the court.(B) An investigator who is employed by a government agency, public agency, or public institution.(C) A law student sponsored by the attorney.(D) A legal paraprofessional sponsored by the attorney or appointed by the court.(E) An employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator. |
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| 60 | 60 | | SEC. 2. Section 7460 of the Penal Code is amended to read: |
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| 61 | 61 | | |
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| 62 | 62 | | ### SEC. 2. |
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| 64 | 64 | | 7460. For purposes of this chapter, the following definitions apply:(a) Annual clearance refers to a clearance allowing a program provider to enter one institution for a full calendar year.(b) Institution refers to a California state prison.(c) Program provider refers to an individual affiliated with a nonprofit organization or a volunteer that originates outside the Department of Corrections and Rehabilitation and provides rehabilitative programming to incarcerated people.(d) Program provider identification card refers to an identification card that allows a program provider to enter a specified institution without a sponsor.(e) Short-term clearance refers to a clearance that allows a program provider to enter an institution for three or fewer days per specific event.(f) Sponsor refers to correctional staff at an institution assigned to escort program providers within the institution.(g) Statewide program provider clearance refers to a clearance status provided to a program provider entering more than three institutions on a routine basis consistent with their program provider status and entitles them to a program provider identification card.(h) (1) Legal professional refers to an attorney or attorney representative.(2) An attorney representative is any of the following:(A) A private investigator licensed by any state and sponsored by the attorney or appointed by the court.(B) An investigator who is employed by a government agency, public agency, or public institution.(C) A law student sponsored by the attorney.(D) A legal paraprofessional sponsored by the attorney or appointed by the court.(E) An employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator. |
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| 66 | 66 | | 7460. For purposes of this chapter, the following definitions apply:(a) Annual clearance refers to a clearance allowing a program provider to enter one institution for a full calendar year.(b) Institution refers to a California state prison.(c) Program provider refers to an individual affiliated with a nonprofit organization or a volunteer that originates outside the Department of Corrections and Rehabilitation and provides rehabilitative programming to incarcerated people.(d) Program provider identification card refers to an identification card that allows a program provider to enter a specified institution without a sponsor.(e) Short-term clearance refers to a clearance that allows a program provider to enter an institution for three or fewer days per specific event.(f) Sponsor refers to correctional staff at an institution assigned to escort program providers within the institution.(g) Statewide program provider clearance refers to a clearance status provided to a program provider entering more than three institutions on a routine basis consistent with their program provider status and entitles them to a program provider identification card.(h) (1) Legal professional refers to an attorney or attorney representative.(2) An attorney representative is any of the following:(A) A private investigator licensed by any state and sponsored by the attorney or appointed by the court.(B) An investigator who is employed by a government agency, public agency, or public institution.(C) A law student sponsored by the attorney.(D) A legal paraprofessional sponsored by the attorney or appointed by the court.(E) An employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator. |
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| 68 | 68 | | 7460. For purposes of this chapter, the following definitions apply:(a) Annual clearance refers to a clearance allowing a program provider to enter one institution for a full calendar year.(b) Institution refers to a California state prison.(c) Program provider refers to an individual affiliated with a nonprofit organization or a volunteer that originates outside the Department of Corrections and Rehabilitation and provides rehabilitative programming to incarcerated people.(d) Program provider identification card refers to an identification card that allows a program provider to enter a specified institution without a sponsor.(e) Short-term clearance refers to a clearance that allows a program provider to enter an institution for three or fewer days per specific event.(f) Sponsor refers to correctional staff at an institution assigned to escort program providers within the institution.(g) Statewide program provider clearance refers to a clearance status provided to a program provider entering more than three institutions on a routine basis consistent with their program provider status and entitles them to a program provider identification card.(h) (1) Legal professional refers to an attorney or attorney representative.(2) An attorney representative is any of the following:(A) A private investigator licensed by any state and sponsored by the attorney or appointed by the court.(B) An investigator who is employed by a government agency, public agency, or public institution.(C) A law student sponsored by the attorney.(D) A legal paraprofessional sponsored by the attorney or appointed by the court.(E) An employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator. |
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| 72 | 72 | | 7460. For purposes of this chapter, the following definitions apply: |
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| 74 | 74 | | (a) Annual clearance refers to a clearance allowing a program provider to enter one institution for a full calendar year. |
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| 76 | 76 | | (b) Institution refers to a California state prison. |
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| 78 | 78 | | (c) Program provider refers to an individual affiliated with a nonprofit organization or a volunteer that originates outside the Department of Corrections and Rehabilitation and provides rehabilitative programming to incarcerated people. |
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| 80 | 80 | | (d) Program provider identification card refers to an identification card that allows a program provider to enter a specified institution without a sponsor. |
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| 82 | 82 | | (e) Short-term clearance refers to a clearance that allows a program provider to enter an institution for three or fewer days per specific event. |
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| 84 | 84 | | (f) Sponsor refers to correctional staff at an institution assigned to escort program providers within the institution. |
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| 86 | 86 | | (g) Statewide program provider clearance refers to a clearance status provided to a program provider entering more than three institutions on a routine basis consistent with their program provider status and entitles them to a program provider identification card. |
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| 88 | 88 | | (h) (1) Legal professional refers to an attorney or attorney representative. |
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| 90 | 90 | | (2) An attorney representative is any of the following: |
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| 92 | 92 | | (A) A private investigator licensed by any state and sponsored by the attorney or appointed by the court. |
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| 94 | 94 | | (B) An investigator who is employed by a government agency, public agency, or public institution. |
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| 96 | 96 | | (C) A law student sponsored by the attorney. |
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| 98 | 98 | | (D) A legal paraprofessional sponsored by the attorney or appointed by the court. |
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| 100 | 100 | | (E) An employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator. |
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| 101 | 101 | | |
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| 102 | 102 | | SEC. 3. Section 7468 is added to the Penal Code, to read:7468. (a) The department shall provide standardized clearance forms for legal professionals to apply for annual clearances.(b) A legal professional applying for an annual clearance shall complete a standardized clearance form for approval to provide legal services at all institutions.(c) A legal professional shall renew their clearance annually.(d) The department shall notify all legal professional applicants for annual clearance of the decision to approve or disapprove the application within 30 days of receipt of the application. If the department has not received the applicable information from the Department of Justice after 30 days, the department shall provide an update to the applicant. The department shall notify applicants of the decision to approve or disapprove the application within 30 days of receiving the applicable information from the Department of Justice. |
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| 104 | 104 | | SEC. 3. Section 7468 is added to the Penal Code, to read: |
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| 105 | 105 | | |
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| 106 | 106 | | ### SEC. 3. |
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| 108 | 108 | | 7468. (a) The department shall provide standardized clearance forms for legal professionals to apply for annual clearances.(b) A legal professional applying for an annual clearance shall complete a standardized clearance form for approval to provide legal services at all institutions.(c) A legal professional shall renew their clearance annually.(d) The department shall notify all legal professional applicants for annual clearance of the decision to approve or disapprove the application within 30 days of receipt of the application. If the department has not received the applicable information from the Department of Justice after 30 days, the department shall provide an update to the applicant. The department shall notify applicants of the decision to approve or disapprove the application within 30 days of receiving the applicable information from the Department of Justice. |
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| 110 | 110 | | 7468. (a) The department shall provide standardized clearance forms for legal professionals to apply for annual clearances.(b) A legal professional applying for an annual clearance shall complete a standardized clearance form for approval to provide legal services at all institutions.(c) A legal professional shall renew their clearance annually.(d) The department shall notify all legal professional applicants for annual clearance of the decision to approve or disapprove the application within 30 days of receipt of the application. If the department has not received the applicable information from the Department of Justice after 30 days, the department shall provide an update to the applicant. The department shall notify applicants of the decision to approve or disapprove the application within 30 days of receiving the applicable information from the Department of Justice. |
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| 112 | 112 | | 7468. (a) The department shall provide standardized clearance forms for legal professionals to apply for annual clearances.(b) A legal professional applying for an annual clearance shall complete a standardized clearance form for approval to provide legal services at all institutions.(c) A legal professional shall renew their clearance annually.(d) The department shall notify all legal professional applicants for annual clearance of the decision to approve or disapprove the application within 30 days of receipt of the application. If the department has not received the applicable information from the Department of Justice after 30 days, the department shall provide an update to the applicant. The department shall notify applicants of the decision to approve or disapprove the application within 30 days of receiving the applicable information from the Department of Justice. |
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| 116 | 116 | | 7468. (a) The department shall provide standardized clearance forms for legal professionals to apply for annual clearances. |
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| 118 | 118 | | (b) A legal professional applying for an annual clearance shall complete a standardized clearance form for approval to provide legal services at all institutions. |
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| 120 | 120 | | (c) A legal professional shall renew their clearance annually. |
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| 122 | 122 | | (d) The department shall notify all legal professional applicants for annual clearance of the decision to approve or disapprove the application within 30 days of receipt of the application. If the department has not received the applicable information from the Department of Justice after 30 days, the department shall provide an update to the applicant. The department shall notify applicants of the decision to approve or disapprove the application within 30 days of receiving the applicable information from the Department of Justice. |
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| 124 | 124 | | SEC. 4. Section 7469 is added to the Penal Code, to read:7469. The following persons shall be granted short-term clearance without the requirement to apply for a clearance for all Department of Corrections and Rehabilitation facilities upon request:(a) The Governor and all cabinet members.(b) Members of the Legislature and legislative staff.(c) Current judges of the State of California. |
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| 125 | 125 | | |
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| 126 | 126 | | SEC. 4. Section 7469 is added to the Penal Code, to read: |
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| 127 | 127 | | |
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| 128 | 128 | | ### SEC. 4. |
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| 129 | 129 | | |
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| 130 | 130 | | 7469. The following persons shall be granted short-term clearance without the requirement to apply for a clearance for all Department of Corrections and Rehabilitation facilities upon request:(a) The Governor and all cabinet members.(b) Members of the Legislature and legislative staff.(c) Current judges of the State of California. |
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| 131 | 131 | | |
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| 132 | 132 | | 7469. The following persons shall be granted short-term clearance without the requirement to apply for a clearance for all Department of Corrections and Rehabilitation facilities upon request:(a) The Governor and all cabinet members.(b) Members of the Legislature and legislative staff.(c) Current judges of the State of California. |
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| 134 | 134 | | 7469. The following persons shall be granted short-term clearance without the requirement to apply for a clearance for all Department of Corrections and Rehabilitation facilities upon request:(a) The Governor and all cabinet members.(b) Members of the Legislature and legislative staff.(c) Current judges of the State of California. |
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| 138 | 138 | | 7469. The following persons shall be granted short-term clearance without the requirement to apply for a clearance for all Department of Corrections and Rehabilitation facilities upon request: |
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| 140 | 140 | | (a) The Governor and all cabinet members. |
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| 142 | 142 | | (b) Members of the Legislature and legislative staff. |
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| 144 | 144 | | (c) Current judges of the State of California. |
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