(a)Persons committed on criminal process and detained for trial, persons convicted and under sentence, and persons committed upon civil process, shall not be kept or put in the same room, nor shall male and female prisoners, except spouses, sleep, dress or undress, bathe, or perform eliminatory functions in the same room. However, persons committed on criminal process and detained for trial may be kept or put in the same room with persons convicted and under sentence for the purpose of participating in supervised activities and for the purpose of housing, provided, that the housing occurs as a result of a classification procedure that is based upon objective criteria, including consideration of criminal sophistication, seriousness of crime
charged, presence or absence of assaultive behavior, age, and other criteria that will provide for the safety of the prisoners and staff.
(b)Inmates who are held pending civil process under the sexually violent predator laws shall be held in administrative segregation. For purposes of this subdivision, administrative segregation means separate and secure housing that does not involve any deprivation of privileges other than what is necessary to protect the inmates and staff. Consistent with Section 1610, to the extent possible, the person shall continue in his or her course of treatment, if any. An alleged sexually violent predator held pending civil process may waive placement in secure housing by petitioning the court for a waiver. In order to grant the waiver, the court must find that the waiver is voluntary and intelligent, and that granting the waiver would not interfere with any treatment programming for the person requesting the waiver.
A person granted a waiver shall be placed with inmates charged with similar offenses or with similar criminal histories, based on the objective criteria set forth in subdivision (a).
(c)Nothing in this section shall be construed to impose any requirement upon a county to confine male and female prisoners in the same or an adjoining facility or impose any duty upon a county to establish or maintain programs which involve the joint participation of male and female prisoners.
Notes of Decisions
Cited in
12
cases (
2 in the last 5 years), 1979–2025 · leading case:
People v. Ciancio, 134 Cal. Rptr. 2d 531 (Cal. Ct. App. 2003).
People v. Ciancio, 134 Cal. Rptr. 2d 531 (Cal. Ct. App. 2003).
· cites it 4× “” (Pen. Code, § 4002, subd. (b); fn. 2, ante.”
Hubbs v. Cnty. of San Bernardino, CA, 538 F. Supp. 2d 1254 (C.D. Cal. 2008).
“" Plaintiff also seeks: to enjoining defendant Penrod from housing him in any "facility designed for prisoners which does not afford all conditions and treatment options found in California Penal Code Section 4002 ...”; require special transportation to and from ASH; require…”
Munoz v. Kolender, 208 F. Supp. 2d 1125 (S.D. Cal. 2002).
“The record presented substantiates state law and a County Jail housing policy called for the administrative segregation of SVPs and was ordered for Munoz while he was temporarily confined in County Jail.”
Molar v. Gates, 12 A.L.R. 4th 1197 (Cal. Ct. App. 1979).
“3 Penal Code section 4002 provides: “Persons committed on criminal process and detained for trial, persons convicted and under sentence, and persons committed upon civil process, must not be kept or put in the same room, nor shall male and female prisoners (except husband and…”
Phillip Harmon v. Tim Anderson, 384 F. App'x 673 (9th Cir. 2010).
“Although Harmon had a right under state law to be housed separately from sentenced prisoners, Cal.Penal Code § 4002, it was not clearly established that he had a similar federal right, which is required for § 1983 liability.”
Cerniglia v. Cnty. of Sacramento, 566 F. Supp. 2d 1034 (E.D. Cal. 2008).
“Cal. Pen.Code § 4002 (1982). ("Persons committed on criminal process and detained for ’ trial, persons convicted and under sentence, and persons committed upon civil process, shall not be kept or put in the same room .”
(PC) Hall v. Cnty. of Fresno (E.D. Cal. 2020).
· cites it 2× “According to Cal. Pen. Code § 4002 , 22 Plaintiff could only be housed with criminal detainees if he signed a waiver in front of a Judge.”
Martinez v. Napa State Hosp. (N.D. Cal. 2025).
· cites it 2× “Penal Code Section 4002 17 California Penal Code section 4002 states, in relevant part: 18 Persons committed on criminal process and detained for trial, persons convicted and under sentence, and persons committed upon civil 19 process, shall not be kept or put in the same room,…”
(PC) Forster v. Clendenin (E.D. Cal. 2023).
“Penal Code § 5 1610 (providing that persons confined under this section, which includes SVPs, may be housed in 6 accordance with California Penal Code § 4002 and have a right to “an explanation of rights in the 7 manner prescribed in Section 5325 of the Welfare and Institutions…”
Meyers v. Pope, 303 F. App'x 513 (9th Cir. 2008).
“Under California Penal Code § 4002(b), a person held under the sexually violent predator laws during the specified semiannual hearings “shall be held in administrative segregation” which means “separate and secure housing that does not involve any deprivation of privileges other…”
Meyers v. Pope, 303 F. App'x 513 (9th Cir. 2008).
“Under California Penal Code § 4002(b), a person held under the sexually violent predator laws during the specified semiannual hearings “shall be held in administrative segregation” which means “separate and secure housing that does not involve any deprivation of privileges other…”
— Cal. Penal Code § 4002(a) — 1 case
— Cal. Penal Code § 4002(b) — 2 cases
Meyers v. Pope, 303 F. App'x 513 (9th Cir. 2008).
“Under California Penal Code § 4002(b), a person held under the sexually violent predator laws during the specified semiannual hearings “shall be held in administrative segregation” which means “separate and secure housing that does not involve any deprivation of privileges other…”
Meyers v. Pope, 303 F. App'x 513 (9th Cir. 2008).
“Under California Penal Code § 4002(b), a person held under the sexually violent predator laws during the specified semiannual hearings “shall be held in administrative segregation” which means “separate and secure housing that does not involve any deprivation of privileges other…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.