Department of Corrections and Rehabilitation - Operations Manual

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Chapter 1 – General Administration

Article 13 – Public/Media Information

Updated June 3, 2025

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13010.18 Legislative Hearings

Revised April 11, 2023

  • Institutions shall allow legislative hearings to be held at predetermined locations as approved by the Secretary.  The areas within an institution where legislative hearings can be held shall be determined according to the number of anticipated attendees, security needed for testifying incarcerated people, and logistics.

  • Some authorized areas include visiting rooms, ISTIn-Service Training classrooms, visitors’ processing centers, conference rooms, boardrooms, gymnasiums, chapels, libraries, and education facilities. The area of the legislative hearing shall be approved by the warden of the institution.

  • The hearing shall be held during a time and day approved by the warden of the institution.

  • Cessation of some institution programs may be necessary depending upon the area scheduled for the hearing.  When suspension of visiting is required, the incarcerated population of the institution involved shall be notified in writing as far in advance as possible.

  • Preparation and Processing

    • Once a legislative hearing at an institution is approved, the Office of Legislation shall coordinate the hearing with the contact designated by the legislative committee initiating the request.

    • CDCRCalifornia Department of Corrections and Rehabilitation requires that any request for a CDCRCalifornia Department of Corrections and Rehabilitation report, file, or other data needed at the hearing be made in writing to the CDCRCalifornia Department of Corrections and Rehabilitation Office of Legislative Affairs. The legislative contact shall also provide the Office of Legislation with the names of legislators, consultants, staff, and witnesses who will be in attendance to ensure gate clearances are processed.

    • The Office of Legislation shall provide the legislative contact a copy of any pertinent, public CDCRCalifornia Department of Corrections and Rehabilitation regulations and guidelines relative to security and logistical matters, including attire on institution grounds and the capacity of the designated hearing area to be used.

    • The institution shall make every reasonable effort to assist with the setup of seating, but is not obligated to furnish equipment, props, staff resources (other than security), or make any physical plant modifications for the hearing.

    • During the hearing, the Office of Legislation shall coordinate all activities with the institution head or a designee. The institution head or designee shall have the authority and responsibility for all matters relating to security and visitor processing.

    • If the hearing requires testimony from incarcerated people, the hearing shall be scheduled in an area that will provide reasonable access to and from their housing unit. If the hearing requires the presence of incarcerated people housed in a Level IVIntravenous restricted housing unit, the hearing shall be held in an approved area that provides the highest degree of security.

  • Classification and Processing of Attendees

    • The number of attendees shall never be allowed to exceed the established occupancy capacity of the designated hearing area, including CDCRCalifornia Department of Corrections and Rehabilitation staff who are required to be in attendance.

    • All hearings and tours of an institution shall be conducted in accordance with DOMDepartment Operations Manual, Chapter 1, Article 14.

    • Prospective attendees shall be classified in one of the following categories and processed accordingly:

      • ELECTED OFFICIALS–Includes the Governor, Lieutenant Governor, Attorney General, United States Senators, and members of the United States House of Representatives, as well as State Legislators and other California Constitutional Officers.  Elected officials shall:

        • Be processed promptly upon their arrival as described in the CCRCalifornia Code of Regulations Title 15 section 3267.

        • Be afforded, upon request, access to any portion of the facility provided they are escorted. No arrest history inquiries shall be done for dignitaries.

        • Be required to sign the visitors’ register and present an official photo identification card when entering and leaving the institution, and shall be accompanied by sworn staff at all times.

        • In cases of immediate need, and upon notification by the Secretary in writing, any prohibitions within this Article regarding elected officials may be suspended in the interest of public understanding of the CDCRCalifornia Department of Corrections and Rehabilitation operations and responsibilities

      • MEDIA REPRESENTATIVES: 

        • Shall be required to sign the visitors’ register and present verification of their employment.

        • Shall be processed in accordance with the same rules and procedures pertaining to visitors of incarcerated people.

        • Shall be subject to reasonable limitations as determined by the institution head pursuant to the CCRCalifornia Code of Regulations Title 15 section 3261 and 3261.5 The type, size, or amount of equipment allowed may be restricted if the institution head determines that such equipment would threaten the safety of the institution or any person, or would unduly impede normal operations. All equipment shall be searched for contraband.

        • Shall be instructed, including their photographers and camera operators, as to what cannot be filmed, photographed, or otherwise recorded prior to entering an institution. Prohibitions include photographing staff or incarcerated people without their written consent and any procedure, equipment, or structure that may compromise security.

        • May be granted a limited tour of nonsecure areas of the institution provided they have been cleared by an arrest history inquiry, do not tour with the elected officials, and are escorted by available institution staff.

      • LEGISLATIVE STAFF–Includes any transcriber(s) of the proceedings, individuals affiliated with the elected officials in an official capacity, and the sergeant(s)-at-arms.  Legislative staff: 

        • Shall be required to sign the visitors’ register and present verification of their employment.

        • Shall be processed in accordance with the same rules and procedures pertaining to visitors of incarcerated people.

        • May accompany the officials by whom they are employed on any tour of the institution in all areas approved for tour by the institution head or not otherwise prohibited by CDCRCalifornia Department of Corrections and Rehabilitation regulations or policies, or may tour any areas of the institution separately from the officials as approved by the institution head, and escorted by available institution staff.

      • WITNESSES–Witnesses are those incarcerated people, parolees, formerly incarcerated, or other persons who have been subpoenaed or invited by the legislative committee. Witnesses may include family members including spouses or registered domestic partners, victims of crimes, expert or technical advisors, and past or present employees of CDCRCalifornia Department of Corrections and Rehabilitation, all of whom must have received written verification of the committee’s directive to appear.  Witnesses are subject to the following: 

        • Witnesses who have been subpoenaed to testify shall be allowed to attend.  The institution head shall decide the appropriateness and degree of restraint and security needed for incarcerated people.  For those incarcerated individuals who would pose a clear threat to the safety of those attending the hearing, the institution head may approve use of the two-way audio and video communication system in lieu of their in-person appearance.

        • Incarcerated people who have been subpoenaed to testify shall not be allowed into the hearing area until the time they have been scheduled to appear. Prior to entering the hearing room, all incarcerated people shall be searched and be properly attired in  State-issued clothing. Incarcerated people shall have no contact with other people in attendance, be closely supervised, and be strictly limited to the waiting area at all times.

        • All witnesses except current CDCRCalifornia Department of Corrections and Rehabilitation employees shall be processed in accordance with the same rules and procedures pertaining to visitors of incarcerated people.

      • INTERESTED PERSONS–All others not mentioned above shall be considered interested persons and shall be subject to the following: 

        • Interested persons shall be allowed to attend unless there are circumstances to indicate they would pose an imminent threat to the safety and security of the facility.

        • Interested persons attending the hearing shall not be allowed to tour the facility nor have contact with any incarcerated person.  Interested persons shall be processed in accordance with the same rules and procedures pertaining to other visitors to the facility pursuant to CCRCalifornia Code of Regulations 3170 through 3179.

  • Exclusions

    • Because access must be restricted due to the established occupancy capacity, exclusions, if necessary, shall be made, first on a voluntary basis.  If further measures are required, access shall be denied to those individuals identified as interested persons.  When the hearing involves public comment, the institution head may prioritize access by interested persons over media representatives and may designate one or a limited number of accredited pool reporters to cover the event.