Cal. Codes » Government Code / TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA / DIVISION 1. GENERAL / CHAPTER 7. California Emergency Services Act / ARTICLE 17. Privileges and Immunities
California Codes

Cal. Government Code § 8658 (2026)

✓ current as of May 2026
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In any case in which an emergency endangering the lives of inmates of a state, county, or city penal or correctional institution has occurred or is imminent, the person in charge of the institution may remove the inmates from the institution. He shall, if possible, remove them to a safe and convenient place and there confine them as long as may be necessary to avoid the danger, or, if that is not possible, may release them. Such person shall not be held liable, civilly or criminally, for acts performed pursuant to this section.

Notes of Decisions
Cited in 5 cases (5 in the last 5 years), 2022–2024 · leading case: Michael Hampton v. State of California, 83 F.4th 754 (9th Cir. 2023).
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Michael Hampton v. State of California, 83 F.4th 754 (9th Cir. 2023). “15 Compare Cal. Gov. Code § 8658 (“Such person shall not be held liable, civilly or criminally, for acts performed pursuant to this section.”
Hamilton v. Moseley (S.D. Cal. 2022). · cites it 2× “Allegations in the Complaint 27 Plaintiff alleges that Defendant Kathleen Allison, the Secretary of the California 28 Department of Corrections and Rehabilitation (“CDCR”), should have released him from 1 custody pursuant to California Government Code § 8658 when she became…”
Ward v. Koenig (N.D. Cal. 2024). · cites it 2× “24015 requested the following relief: 9 I request that I be tested for the COVID-19 infection, and that I be immediately released under Cal. Gov. Code § 8658 . There is no 10 way for CDCR to protect me from this deadly virus in any prison.”
(PC) Fernandez v. Gamboa (E.D. Cal. 2022). “7 Plaintiff contends that Defendants failed to act responsibly, and each Defendant had the 8 opportunity and the legal authority to release and reduce inmates under emergency legal 9 provisions defined in California Law ( Cal. Gov. Code § 8658 ) to reduce the population either…”
(PC) Butler v. Kelso (E.D. Cal. 2023). “Similarly, California Government Code § 8658 was also argued in defendants’ motion (ECF 17 || No.”
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