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Ex. AGY-ST-CORRECTIONS-EMA-GUARD-001 Order Primary source read

Executive Order N-36-20

Executive Order on State Prisons and Juvenile Facilities (suspension of intake into CDCR and DJJ for 30 days; parole hearings by videoconference; in-person parole hearings ceased for 60 days)

Governor Gavin Newsom · California (Governor; California Department of Corrections and Rehabilitation and Board of Parole Hearings); State level (State)

Open exhibit (PDF, 407 KB)Source (opens in a new tab)
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The record

Jurisdiction
California (Governor; California Department of Corrections and Rehabilitation and Board of Parole Hearings); State level · California
Level
State
Authority
Gov't Code §§ 8567, 8571, 8627; Penal Code § 2900(b)
Issued
2020-03-24 Mar. 24, 2020
Effective
2020-03-24 (immediately) (read as 2020-03-24)
End
Intake suspension 30 days, extendable in 30-day increments by the Secretary (extended; CDCR resumed limited intake from county jails in late August 2020 per its own chronology); in-person parole hearing prohibition 60 days, extendable (read as 2020-09-30)
In force
Mar. 24, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitation types
Gathering capHealth care ordersCourts and public officesOther
Addressees
  • Secretary of CDCR
  • Board of Parole Hearings
  • county jails holding persons sentenced to State prison
  • parole hearing participants (counsel, victims, representatives)
Functions reached
  • CB county jails and their contractors (population held back in county custody)
  • OP transport, intake and reception operations of the State prisons
  • CR attorneys, victim representatives and hearing participants moved to video
  • SC correctional supply and food-service vendors (population shifts between county and State facilities)
Collection
State corrections, emergency management and Guard AGY-ST-CORRECTIONS-EMA-GUARD

Operative words

I direct the Secretary of CDCR to use his emergency authority under California Penal Code section 2900(b) to suspend intake into state facilities for 30 days by directing that all persons convicted of felonies shall be received, detained, or housed in the jail or other facility currently detaining or housing them for that period.... I further order the Secretary to suspend intake into Division of Juvenile Justice (DJJ) facilities for 30 days.... the Board of Parole Hearings is directed to cease conducting in-person parole hearings for 60 days and shall postpone any scheduled parole hearings until April 13, 2020, or an earlier date at which it is able to accommodate conducting parole hearings by video conference.

Enforcement

Gov't Code § 8665 (misdemeanor for violation of orders under the Emergency Services Act); order suspends statutes requiring DJJ to accept juveniles

Notes

Reached the commerce of correctional-transport contractors, county-jail food and medical vendors (populations retained in county jails), CDCR reception-center vendors, and the law firms and victim-service organizations whose in-person hearing attendance ceased. The Governor's own release (Mar. 24, 2020) states that inmates and youth 'will remain in county custody for the next 30 days' and that the order 'directs videoconferencing of all scheduled parole suitability hearings starting next month.'

Retrieval note

Scanned image PDF; operative text quoted from the OCR of the order itself and checked against the Governor's release.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.