The Director of Corrections may transfer persons confined in one state prison institution or facility of the Department of Corrections to another. The Board of Prison Terms may request the Director of Corrections to transfer an inmate who is under its parole-granting jurisdiction if, after review of the case history in the course of routine procedures, such transfer is deemed advisable for the further diagnosis, and treatment of the inmate. The director shall as soon as practicable comply with such request, provided that, if facilities are not available he shall report that fact to the Board of Prison Terms and shall make the transfer as soon as facilities become available;
provided further, that if in the opinion of the Director of Corrections such transfer would endanger security he may report that fact to the Board of Prison Terms and refuse to make such transfer.
When transferring an inmate from one state prison, institution, or facility of the Department of Corrections to another, the director may, as necessary or convenient, authorize transportation via a route that lies partly outside this state.
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 1961–2024 · leading case:
Gray v. Hernandez, 651 F. Supp. 2d 1167 (S.D. Cal. 2009).
Gray v. Hernandez, 651 F. Supp. 2d 1167 (S.D. Cal. 2009).
“Cal.Penal Code § 5080; 15 CCR § 3379. Pursuant to Pratt v.”
People v. Thomas, 65 Cal. App. 3d 854 (Cal. Ct. App. 1976).
“In sentencing the defendant to state prison, the proper procedure is to direct the sheriff to deliver the defendant to the custody of the Department of Corrections at the appropriate reception center. The reception center for the Southern California area is the California…”
People v. Flower, 62 Cal. App. 3d 904 (Cal. Ct. App. 1976).
“” More specifically, Penal Code section 5080 provides that “[t]he Director of Corrections may transfer persons confined in one state prison institution or facility of the Department of Corrections to another.”
Am. Friends Serv. Comm. v. Procunier, 33 Cal. App. 3d 252 (Cal. Ct. App. 1973).
“(Pen. Code, § 5080.) In the event that it and the Director disagree it may file with the Board of Corrections its proposals or recommendations.”
In re Cathey, 361 P.2d 426 (Cal. 1961).
“) He may transfer prisoners from one institution of the Department of Corrections to another (Pen. Code, § 5080) and, particularly, to the Conservation Center (Pen.”
Lucus v. Koenig, No. 5:19-cv-07938 (N.D. Cal. July 21, 2020).
“See Cal Penal Code § 5080; Cal. Code Regs. tit.”
Hill v. Weaver, No. 4:21-cv-03640 (N.D. Cal. Mar. 10, 2022).
“See Cal Penal Code § 5080; Cal. Code 13 Regs.”
(PC) Drumwright v. Pascua, No. 1:20-cv-01055 (E.D. Cal. Aug. 19, 2024).
“9 Penal Code § 5080; Cal. Code Regs. tit. 15, § 3379 ).”
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