Department Operations Manual

51070.18.3 Camps and in Transit If a death occurs in a camp, while fighting fires, or while in transit between institutions, the Department's officer in charge will take the following actions: • Proper custodial support will be summoned as appropriate to the situation. • The nearest available doctor will be called to pronounce death. • The local coroner must be notified and their instructions followed. • The Warden of the parent institution shall be notified by telephone or email and further instructions requested. • Pending receipt of instructions, the body shall be turned over to a licensed mortuary/undertaker in the community where the death occurred. • Notification of appropriate authorities as outlined in DOM 51070.9 shall be directed by the Warden or designee. • A complete final report containing circumstances, investigations, arrangements, etc., will be submitted to the Warden of the parent institution without delay. 51070.19

51070.19 Revisions The Director, DAI, or designee shall ensure that the content of this Article is accurate and current. 51070.20

51070.20 References CCR, § 3357. PC §§ 3058.8, 5021, 5022 5061 and 11155(b). H&SC §§ 7200, 10203, and 10250. GC §§ 12525 and 27491. A RTICLE 8 — I NMATE C IVIL R IGHTS Revised December 20, 2021 51080.1

51080.1 Policy Inmates under the custody of the Department shall not be granted any rights or privileges that are not required by the United States Constitution or by the laws of California. A person sentenced to imprisonment in a state prison may, during that period of confinement, be deprived of such rights, and only such rights, as are reasonably related to legitimate penological interests. 51080.2

51080.2 Purpose The policy, procedural, and operational instructions of the Department and its institutions shall be promulgated to meet the requirements of Penal Code (PC) 2600 and 2601. 51080.3

51080.3 Inmate’s Right to Refuse Treatment Health care treatments, including medications and tests, shall not be forced over the objections of a mentally competent inmate, except when permitted by law to prevent infectious diseases or unless the procedures set forth in DOM 91090 (Involuntary Psychotropic Medications) are followed. When an inmate is unable to make an informed decision due to a medical emergency, all immediately necessary actions shall be taken. An emergency exists when there is a sudden marked change in the prisoner’s condition so that action is immediately necessary for the preservation of life or the prevention of serious bodily harm to the patient or others and it is impracticable to first obtain consent. If medical care requiring informed consent is believed necessary and the inmate cannot make health care decisions in non-emergency situations, the determination on care and treatment will be based on the inmate’s health care directive; a surrogate decision maker, including the patient’s conservator, guardian, or responsible relative; or through the procedures set forth in Probate Code 3200 et seq. (Authorization of Medical Treatment for an Adult Without a Conservator).

51080.4 Right to Vote Inmates are disqualified from voting while serving a prison term for the conviction of a felony. Upon completion of the prison term, their right to vote is restored. 51080.5

51080.5 Inmate Civil Rights PC 2601 specifies that inmates shall have the following civil rights: Inmate Real or Personal Property • To inherit, own, sell, or convey real or personal property, including all written and artistic material produced or created by such person during the period of imprisonment. However, to the extent authorized in PC 2600, CDCR may restrict or prohibit sales or conveyances that are made for business purposes. Confidential Correspondence • To correspond, confidentially, with any member of the State Bar of California or holder of public office, provided that the prison authorities may open and inspect incoming mail, in the presence of the addressee, to search for contraband. Confidential correspondence shall be processed in accordance with CCR 3141 through 3145. Inmate Mail • To purchase, receive, and read any and all newspapers, periodicals, and books accepted for distribution by the USPS. Disapproved mail shall be handled in accordance with CCR 3136. Pursuant to this section, prison authorities may exclude any of the following matter: • Obscene publications or writings, and mail containing information concerning where, how, and from whom this matter may be obtained. • Any manner of contraband as described in CCR 3006. • Any matter concerning gambling or a lottery. Nothing in this section shall be construed as limiting the right of prison authorities to open and inspect any and all packages received by an inmate. Inmates may possess a reasonable number of publications, including books, magazines, and newspapers, as directed by the Authorized Personal Property Schedule in DOM 54030.17. Publications addressed to inmates shall be processed in accordance with CCR 3134.1. Other Rights • To initiate civil actions, subject to a $3 filing fee to be collected by CDCR in accordance with the procedures set forth in DOM 14010.19.1. • To marry, subject to the procedures provided under DOM 101070. • To create a power of appointment. • To make a will. • To receive all benefits provided for in Labor Code 3370 and 3371 (Worker’s Compensation Benefits for Inmates) and in PC 5069 (Rehabilitative Programs for Injured Inmates). 51080.6

51080.6 Restoration of Civil Rights Application for restoration of the above-stated civil rights is not required. However, full civil rights may also be restored upon application and grant of a pardon by the Governor, pursuant to PC 4800 et seq. (Reprieves, Pardons, and Commutations), and 4853 (Restoration of Rights). 51080. 7 Revisions The General Counsel, Office of Legal Affairs, or designee shall be responsible for ensuring that the contents of this Article are kept current and accurate. References Penal Code §§ 2600, 2601, 4800 et seq., 4853, and 5069. Probate Code §§ 3200 et seq. Labor Code §§ 3370 and 3371. California Constitution, Article I, § 28(a)(5). California Constitution, Article II, § 2. California Constitution, Article II, § 4. CCR (15) (3) §§ 3006, 3134.1, 3136, 3141 - 3145, and 3351. DOM §§ 14010.19.1, 54030.17, 90109, 101070. Revision History Revised: September 10, 2010. Revised: December 20, 2021. A RTICLE 9 — D ISPLAY OF THE U NITED S TATES AND S TATE F LAGS Effective October 25, 1999 51090.1

51090.1 Policy It is the policy of the Department to display the U.S. flag and the flag of the State of California at all CDCR public buildings, including institutions, camps, and other CDCR facilities under the jurisdiction of the State. 51090.2

51090.2 Purpose The purpose of this Section is to establish standard procedures throughout CDCR for displaying the U.S. and State flags and provide procedures and criteria for the raising and lowering of the flag. 51090.3

51090.3 Definitions All-Weather Flag A specially treated flag capable of being flown in all kinds of weather or conditions with little or no worry of the flag being torn, damaged, or soiled. Base Flag The largest official flag. The Base flag is only flown in fair weather from sunrise to sunset. However, on special patriotic occasions, the Base flag may be displayed all night if proper lighting is available. Custom An act or ceremony, stemming from tradition, which is enforceable as an unwritten law. Flagstaff A pole on which a flag is raised. Half-Staff The position of the flag when it is one-half the distance between the top and bottom of the staff. A flag is flown half-staff as a symbol of mourning for the dead or as a signal of distress. Memorial Day A U.S. Holiday officially celebrated on the last Monday in May in honor of members of the U.S. Armed Forces killed in war. National Flag The U.S. flag. Prisoner of War (POW)/Missing in Action (MIA) Flag The National League of Families Prisoner of War (POW)/Missing in Action (MIA) flag is a black and white banner, which symbolizes those members of the U.S. Armed Forces listed as POW or MIA. The flag is officially recognized by Congress. State Flag The flag of the State of California. Sunrise The event or time of the daily first appearance of the sun above the eastern horizon. Sunset The event or time of the daily disappearance of the sun below the western horizon. 51090.4

51090.4 Flag Protocol Employees and visitors to a CDC institution, facility, camp, or State building displaying the U.S. Flag shall not show any disrespect to the flag. Failure to do so shall render the visitor subject to exclusion from the facility. Wardens and RPAs may prohibit displays or representations of the flag on a CDC facility that would belittle the mission or detract from good order, discipline, or morale of CDC staff and visitors. 51090.5

51090.5 Criteria The U.S. flag that is flown on State Buildings should be either: • A Base flag. • An All-Purpose flag. (Sometimes referred to as the All-Weather flag.) The U.S. Base flag (measuring approximately 17 feet long by 8 feet wide) is displayed in fair weather from sunrise to sunset. However, on special patriotic occasions, the flag may be displayed all night if proper lighting is available. The U.S. All-Purpose flag (measuring approximately 9 feet six inches long by 5 feet wide) replaces the Base flag during inclement weather. It is made of lightweight nylon bunting material. 51090.6

51090.6 Responsibilities Each Warden and RPA shall be responsible for developing a procedure for the raising and lowering of the flag at their facility/region. Each Warden and RPA shall provide for the acquisition of the flags and their installation, display, and maintenance, except for the acquisition of the POW/MIA flag, which shall be provided by CDC Headquarters. 51090.7

51090.7 Honor or Tributes The U.S. Flag shall not be: • Dipped to any person or thing. (State flags are dipped as a mark of honor.) • Displayed with the union down except as a signal of dire distress in instances of extreme danger to life or property. • Permitted to touch anything beneath it, such as the ground, the floor, merchandise, and so forth. • Festooned, but allowed to fall and hang free. • Used as a drapery of any sort. • Used as a covering for a ceiling. • Used as a receptacle for receiving, holding, carrying, or delivering anything. • Used as the covering for a statue or monument. (However, it may form a distinctive feature of the ceremony of unveiling a statue or monument.) • Used for advertising purposes in any manner whatsoever. • Draped over the hood, top, sides, or back of a vehicle, railroad train, or a boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender. • Fastened, displayed, used, or stored in a manner that permits it to be easily torn, soiled, or damaged in any way. • Worn or used as an article of clothing. • Marked on, or have placed on it or attached to it, any mark, insignia, letter, word, figure, design, picture, or drawing of any kind. 51090.8

51090.8 Displaying the Flag 4 USC 6(a), permits the display of the flag for 24 hours a day to produce a patriotic effect if properly illuminated during the hours of darkness. The CDC will follow the custom of flying the flag from sunrise to sunset where personnel reside or are on duty at the time necessary to raise and lower the flag. The flag may be displayed 24 hours a day if properly illuminated during the hours of darkness, thus permitting night display of the flag on special occasions when it is desired to produce a patriotic effect. Otherwise, the flying of the flag shall be from sunrise to sunset on buildings and on stationary flagstaffs in the open. The flag should be displayed daily, weather permitting, on or near the main administration building of every public institution, except when an All-Weather Flag is displayed. The flag shall be flown especially on: • National holidays. • On Memorial Day, the U.S. Flag shall be flown at half-staff from sunrise to 1200 hours. • State Holidays. • Any other days proclaimed by the President of the U.S. 51090.9

51090.9 Displaying the Flag During Inclement Weather The flag shall not be flown in inclement weather unless an All-Weather Flag is displayed. The Watch Commander, the Unit Supervisor at parole offices, and the senior ranking custody person on duty at the Community Correctional Facilities shall determine the weather conditions for the displaying of the flag if the flag is not an All-Weather Flag. The possibility of damage by rain or wind shall be the criteria for lowering the flag during inclement weather. 51090.10

51090.10 Displaying the U.S. and State Flags Together Where the U.S. and State Flags are used, they shall be of the same size. If only one flagstaff is used, the U.S. flag shall be above the State flag and the State flag shall be hung in such a manner as not to interfere with any part of the U.S. Flag. At all times, the U.S. flag, when displayed outdoors with other flags, shall be placed in the position of first honor which is normally the extreme left position as the flags are most frequently viewed. 51090.11

51090.11 Displaying the POW/MIA Flag on Specified Holidays The Governor of the State of California annually proclaims the third Friday of September to be known as POW/MIA Recognition Day. The Legislature requests all State agencies that fly the U.S. and State flags to also fly the POW/MIA flag, to the extent it is structurally feasible on the following holidays: Armed Forces Day, the third Saturday in May; Memorial Day, the last Monday in May; Flag Day, June 14; Independence Day, July 4; National POW/MIA Recognition Day, the third Friday in September; and Veterans Day, November 11. If June 14, July 4, or November 11 fall upon a Saturday, the flag shall be flown on the Friday preceding. If any of the aforementioned dates fall on a Sunday, the flag shall be flown on the following Monday. The POW/MIA flag shall be flown in ascending position of honor, beneath or to the right of the U.S. flag and the State flag. 51090.12