Department of Corrections and Rehabilitation - Operations Manual

Chapter 5 – Adult Custody and Security Operations

Article 9 – Display of the United States and State Flags

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51090.1 Policy

  • It is the policy of the Department to display the U.S.United States flag and the flag of the State of California at all CDCRCalifornia Department of Corrections and Rehabilitation public buildings, including institutions, camps, and other CDCRCalifornia Department of Corrections and Rehabilitation facilities under the jurisdiction of the State.

51090.2 Purpose

  • The purpose of this Section is to establish standard procedures throughout CDCRCalifornia Department of Corrections and Rehabilitation for displaying the U.S.United States and State flags and provide procedures and criteria for the raising and lowering of the flag.

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.United States Holiday officially celebrated on the last Monday in May in honor of members of the U.S.United States Armed Forces killed in war.

  • National Flag

    • The U.S.United States flag.

  • Prisoner of War (POW)/Missing in Action (MIAMissing In Action) Flag

    • The National League of Families Prisoner of War (POW)/Missing in Action (MIAMissing In Action) flag is a black and white banner, which symbolizes those members of the U.S.United States Armed Forces listed as POW or MIAMissing In Action. 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 Flag Protocol

  • Employees and visitors to a CDC institution, facility, camp, or State building displaying the U.S.United States 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 Criteria

  • The U.S.United States 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.United States 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.United States 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 Responsibilities

  • Each Warden and RPARegional Parole Administrator shall be responsible for developing a procedure for the raising and lowering of the flag at their facility/region.

  • Each Warden and RPARegional Parole Administrator shall provide for the acquisition of the flags and their installation, display, and maintenance, except for the acquisition of the POW/MIAMissing In Action flag, which shall be provided by CDC Headquarters.

51090.7 Honor or Tributes

  • The U.S.United States 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 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.United States 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.United States

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 Displaying the U.S. and State Flags Together

  • Where the U.S.United States and State Flags are used, they shall be of the same size. If only one flagstaff is used, the U.S.United States 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.United States Flag. At all times, the U.S.United States 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 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/MIAMissing In Action Recognition Day. The Legislature requests all State agencies that fly the U.S.United States and State flags to also fly the POW/MIAMissing In Action 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/MIAMissing In Action 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/MIAMissing In Action flag shall be flown in ascending position of honor, beneath or to the right of the U.S.United States flag and the State flag.

51090.12 Displaying the U.S. Flag at Half‑Staff

  • The U.S.United States flag is only flown at half-staff for the following reasons:

    • As a symbol of honor or respect over the passing away of someone.

    • As a distress signal.

51090.13 Authority Authorizing the U.S. Flag to be Flown at Half‑Staff

  • The President of the U.S.United States is the only person authorized to order flying the U.S.United States flag at half-staff.

51090.14 Procedures for Displaying the U.S. Flag at Half‑Staff

  • When flown at half-staff, the U.S.United States flag shall be first hoisted to the peak of the staff for an instant then lowered to half-staff position.

  • At the end of the day, sunset, the flag shall be raised to the peak of the staff for an instant, before it is lowered for the day. The flag should be hoisted briskly and lowered ceremoniously.

  • When the length of the staff creates a problem, flags are considered to be at half-staff when displayed at a height reasonably below the peak of the staff.

51090.15 Displaying the State Flag at Half‑Staff

  • The State flag is only flown at half-staff for the following reasons:

    • As a symbol of honor or respect over the passing away of someone.

    • As a distress signal.

  • Governor’s Executive Order R29-71 stipulates that the flag at the State Capitol shall be lowered to half-staff for peace officers killed in the line of duty. By practice, this is from the time of notification until after the peace officer’s funeral.

  • The CDC headquarters and each facility shall display the flag at half-staff for the same time period.

  • For non-peace officer employees killed in the line of duty, flags at the facilities and headquarters shall be flown at half-staff from the time of notification until after the funeral.

  • For employees and retired employees whose deaths are not in the line of duty, the Warden or RPARegional Parole Administrator shall determine if it is appropriate to have the facility/region flag flown at half-staff on the day of the funeral.

  • The flag shall be flown at half-staff only for employees and retirees or at the Governor’s order.

51090.16 Authority Authorizing the State Flag to be Flown at Half‑Staff

  • The Governor of the State of California is the only person authorized to order flying the State flag at half-staff.

51090.17 Procedures for Displaying the State Flag at Half‑Staff

  • When flown at half-staff, the State flag shall be first hoisted to the peak of the staff for an instant, then lowered to half-staff position.

  • At the end of the day, sunset, the flag shall be raised to the peak of the staff for an instant, before it is lowered for the day. The flag should be hoisted briskly and lowered ceremoniously.

  • When the length of the staff creates a problem, flags are considered to be at half-staff when displayed at the height reasonably below the peak of the staff.

51090.18 Procedures for Displaying the U.S. and State Flag at Half‑Staff on the Same Flagstaff

  • When flown at half-staff, the U.S.United States flag shall be first hoisted to the peak of the staff for an instant then lowered to half-staff position.

  • The State flag shall then be hoisted to a position directly below the U.S.United States flag yet far enough away so as not to interfere with the U.S.United States flag.

  • At the end of the day, sunset, the State flag shall be lowered first. The State flag should not be raised to the peak of the staff before it is lowered for the day. The State flag should be cased (folded) and secured before lowering the U.S.United States flag. Once the State flag is secured, the U.S.United States flag should be first hoisted to the peak of the staff for an instant, before it is lowered for the day. The flag should be hoisted briskly and lowered ceremoniously.

51090.19 Procedures for Displaying the U.S. and State Flag at Half‑Staff on Separate Flagstaffs

  • When flown at half-staff, the U.S.United States and State flags shall be first hoisted to the peak of the staff for an instant, then lowered to half-staff position. This shall be done simultaneously, manpower permitting. When manpower does not permit the raising of the U.S.United States and State flags together, departmental procedure dictates that the U.S.United States flag is raised first, followed by the State flag.

  • At the end of the day, sunset, the State flag shall be lowered first. The State flag shall be first hoisted to the peak of the staff for an instant before it is lowered for the day. The State flag should be cased (folded) and secured before lowering the U.S.United States flag. Once the State flag is secured, the U.S.United States flag shall be first hoisted to the peak of the staff for an instant, before it is lowered for the day. The flags should be hoisted briskly and lowered ceremoniously.

51090.20 Storing the Flag When Not Being Displayed

  • The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way.

51090.21 Desecration of Flags

  • Pursuant to M&V 614, a person is guilty of a misdemeanor who:

  • In any manner for exhibition or display, places, or causes to appear any work, figure, mark, picture, design, drawing, or any advertisement of any nature upon any flag of the U.S.United States or of this State.

  • Exposes to public view any such flag upon which is printed, painted, or placed or to which is attached, appended, affixed, or annexed any work, figure, mark picture, design, drawing, or any advertisement of any nature.

  • Knowingly casts contempt upon any flag of the U.S.United States or of this State by publicly mutilating, defacing, defiling, burning, or trampling upon it.

51090.22 Wearing the Flag as a Costume or Athletic Uniform

  • No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policeman, and members of patriotic organizations.

51090.23 Disposing of the Flag

  • When the flag is in such condition that it is no longer a fitting emblem for display, it should be destroyed in a dignified way, preferably by burning.

51090.24 Exemption From Raising and Lowering the Flag

  • For those CDC units/offices which are located within a building e.g., State office building, where someone else is responsible for raising and lowering the flag, the CDC units/offices are exempt from these procedures unless one of them has been designated to raise and lower the flag.

51090.25 Revisions

  • The Director, DAIDivision of Adult Institutions (formerly Institutions Division), and the Director, DAPODivision of Adult Parole Operations (formerly P&CSD), or their designees are responsible for ensuring that the contents of this article are kept current and accurate.

51090.26 References

  • Governor’s Executive Order R29-71.

  • 4 USC 6, 7, 8, 9, and 10.

  • 36 USC 902.

  • M&VCVehicle Code § 614 and 1831.

  • Full view of American flag
    Flag Before Folding

  • Three stripes of American flag
    Step 1
    Fold lengthwise. Bring the striped half up over the blue field.

  • American flag folded lengthwise.
    Step 2
    Fold lengthwise again, bringing bottom edge up to meet the top edge. This will place the upper part of the blue field (union) on top.

  • bottom edge folded across American Flag
    Step 3
    Fold lower right-hand corner to the upper edge to form a triangle.

  • edge folded across on American Flag
    Step 4
    Now fold the triangle toward the blue field. The outer point is turned inward on the upper edge of the Flag to form the second triangle.

  • Final step on American flag folded in a triangle
    Step 5
    Continue to fold the Flag in triangles until the entire Length of the Flag is folded.
    last fold of American flag

  • Note: If you have followed the above steps correctly, only the blue field should be visible. No red shows. The Flag will be in the triangular shape of a cocked hat symbolizing the hats worn by the soldiers of the Revolutionary War.

CONDITIONWAY TO DISPLAY
FROM STATIONARY FLAGSTAFFAmerican flag vertically hang on a top of a regular flag
FROM A STAFF PROJECTING FROM A BUILDINGAmerican flag with a pole hanging from a window in a forty-five degree angle
HANGING ACROSS A STREETAmerican flag hanging downwards with a string across
IN THE AUDITORIUMAmerican flag in front of a podium on the right side and the regular flag on the other side
HORIZONTALLY OROffice of Research VERTICALLY ON A WALL OROffice of Research WINDOWTop Horizontal American flag and bottom flag is American flag vertical.
POSITION OF SPEAKER’S PLATFORMAmerican flag behind speaker on podium
CROSSED STAFFSTwo flags, one American flag crossed on top of another blank flag
DISPLAY WITH FLAGS OF OTHER NATIONSAmerican flag o nthe right higher than the other two blank sample flags
AMERICAN FLAG IN A GROUP OF FLAGS (NOT OTHER NATIONS)Five flags on a pole and American Flag is in the middle and rest of the
sample flags cascades lower from the middle.
CARRYING FLAGS AT CEREMONIESTwo man holding flag marching. American flag higher on the right side than the other sample flag.
DRAPED OVER A CASKETAmerican flag on top of casket