SB 553, Standardize the process for obtaining gate clearances
Effective January 1, 2026, Senate Bill (SB) 553 amended existing Penal Code (PC) 7460 through 7467 to standardize the process for obtaining gate clearances within the California Department of Corrections and Rehabilitation (CDCR) prisons. These changes outline the gate clearance process for legal professionals and specified public officials and expand the definition of institutions to include fire camps and reentry facilities.
These statutes require CDCR to use a standardized gate-clearance packet and require that eligibility determinations be completed within 30 days of receipt or within 30 days of receiving Department of Justice (DOJ) background information.
Statewide Gate Clearances
These statutes further determine eligibility for statewide gate clearance. Legal professionals who enter more than three institutions on a routine basis are eligible to apply for statewide gate clearance. Pursuant to Penal Code section 7460 , legal professionals are defined as an attorney or attorney representative (i.e. investigator or private investigator).
Legal professionals meeting the eligibility requirements for statewide gate clearance must coordinate with a local institution and submit fingerprint images (Live Scan) to the DOJ.
Annual Gate Clearances
Legal professionals who do not meet the eligibility requirements for statewide gate clearance may request an annual gate clearance, granting them access to one institution for a full calendar year. Annual gate clearance requires legal professionals to coordinate with a local institution and submit fingerprint images (Live Scan) to the DOJ.
Attorney support personnel (i.e. law student, paraprofessional, employee of an attorney) may request an annual gate clearance, granting them access to one institution for a full calendar year. Annual gate clearance requires attorney support personnel to coordinate with a local institution and submit fingerprint images (Live Scan) to the DOJ. Pursuant to Penal Code section 7460 , attorney support personnel are ineligible for statewide gate clearance.
Short-Term Gate Clearances
Legal professionals and attorney support personnel may request a short-term gate clearance, which would allow them to enter an institution for specific dates and times, as approved by the Warden or designee, not to exceed 30 days. Short-term gate clearances do not require the submission of fingerprint images (Live Scan) to the DOJ.
In response to these changes, the Division of Adult Institutions (DAI) is updating its current practices to align with Penal Code and is updating the gate clearance packet. In the interim, legal professionals who are requesting statewide or annual clearance, and attorney support personnel requesting annual clearance, will continue to complete a security clearance through the California Law Enforcement Telecommunications System (CLETS).
Frequently Asked Questions: Legal Professional and Attorney Support Personnel Access to Clients in CDCR Institutions
Effective January 1, 2026, Senate Bill 553 amended Penal Code sections 7460 through 7467 to standardize the process for obtaining gate clearances within the California Department of Corrections and Rehabilitation (CDCR). These changes establish requirements for legal professionals and specified public officials seeking access to CDCR institutions and expand the definition of institutions to include fire camps and reentry facilities.
These requirements apply to legal professionals and attorney support personnel seeking access to CDCR institutions, including fire camps, and reentry facilities.
For purposes of CDCR gate clearances, a legal professional is an attorney or an attorney representative, such as an investigator or private investigator.
Attorney support personnel may include a law student, paraprofessional, or employee of an attorney.
CDCR offers three types of gate clearances for eligible legal professionals and attorney support personnel:
- Statewide gate clearance
- Annual gate clearance
- Short-term gate clearance
A statewide gate clearance authorizes an eligible legal professional to access multiple CDCR institutions without obtaining a separate annual clearance for each institution.
Legal professionals who routinely enter more than three CDCR institutions may be eligible to apply for a statewide gate clearance.
Attorney support personnel are not eligible for a statewide gate clearance under Penal Code section 7460.
An annual gate clearance authorizes access to one CDCR institution for one calendar year.
An annual gate clearance may be requested by:
- Legal professionals who do not meet the eligibility requirements for a statewide gate clearance
- Attorney support personnel seeking access to one institution for one calendar year
A short-term gate clearance allows legal professionals and attorney support personnel to enter a CDCR institution for specific dates and times approved by the Warden or designee, for a period not to exceed 30 days.
Legal professionals and attorney support personnel may request a short-term gate clearance.
A short-term gate clearance may be appropriate if you:
- Need to visit a client on limited or specific dates
- Do not routinely enter CDCR institutions
- Need institutional access while an annual or statewide gate-clearance request is pending
Applying for Gate Clearance
Individuals seeking a statewide or annual gate clearance should contact the institution where they intend to visit, or where their client is housed, to obtain the current gate-clearance packet and instructions for submission. Individuals seeking a short-term gate clearance should contact the Litigation Coordinator’s office at institution where their client is housed to request access for the applicable dates and times.
Depending on the type of clearance requested, applicants may be required to complete a gate-clearance packet and provide information necessary for CDCR to evaluate eligibility. Additional instructions will be provided by the institution processing the request.
Applicants should follow the instructions provided by the institution processing the request. CDCR is currently updating its gate-clearance packet and related procedures to align with Senate Bill 553 and will provide applicants with the required submission instructions. Until these procedures are in place, applicants will continue to complete a security clearance through the California Law Enforcement Telecommunications System.
No. Short-term gate clearances do not require submission of fingerprint images through Live Scan.
Pursuant to Penal Code sections 7460 through 7467, CDCR is required to complete eligibility determinations within 30 days of receipt of the request, or within 30 days of receiving Department of Justice background information, as applicable.
No. An annual gate clearance is limited to one institution for one calendar year. Legal professionals who routinely enter more than three institutions may be eligible to request a statewide gate clearance.
Visiting a Client Without a Statewide or Annual Gate Clearance/Other Ways to Communicate with a Client
Yes. Legal professionals and attorney support personnel may request a short-term gate clearance for specific dates and times, subject to approval by the Warden or designee.
You should contact the institution’s Litigation Coordinator’s office where your client is housed as soon as possible and request the appropriate form of institutional access, which may include a short-term gate clearance, legal phone call, legal video visitation, or other institution-approved method of communication, depending on the circumstances.
Yes. Depending on the institution and the nature of the request, legal professionals may be able to communicate with a client through other authorized methods, including legal phone calls and legal video visitation.
Requests for legal phone calls should be directed to the institution’s Litigation Coordinator’s office where the client is housed. Institutions maintain local procedures for scheduling confidential legal calls and can provide instructions regarding the request process.
Requests for legal video visitation should be directed to the institution’s Litigation Coordinator’s office where the client is housed. Availability and scheduling procedures may vary by institution.
Legal professionals and attorney support personnel should contact the institution’s Litigation Coordinator’s office where the client is housed for guidance on the requirements for legal phone calls and legal video visitation, including any identity verification or institutional approval requirements that may apply.
Institutional Contacts and Getting Started/Interim Process
You should contact the institution’s Litigation Coordinator’s office where you intend to visit or where your client is housed. The institution can provide the current gate-clearance packet, submission instructions, and local points of contact.
You should contact the institution’s Litigation Coordinator’s office where your client is housed. The institution can provide direction regarding available legal access options and the appropriate process for requesting access.
You should confirm the client’s current housing location before requesting institutional access. Once you know the institution where the client is housed, contact that institution’s Litigation Coordinator’s office directly for gate-clearance or legal-access assistance.
CDCR will provide gate-clearance forms, instructions, and related information through its established institutional processes and public-facing resources as implementation of Senate Bill 553 continues.
Yes. CDCR’s Division of Adult Institutions is updating its gate-clearance packet and related practices to align with Senate Bill 553.
Applicants should continue to work directly with the institution’s Litigation Coordinator’s office where they intend to visit or where their client is housed. The institution will provide the current process, required forms, and instructions for requesting legal access.