CHAPTER 18. Clearances [7460. - 7468.]

Cal. Penal Code - PEN 18.

in effect

Cal. Penal Code - PEN § 7460. Section 7460.

For purposes of this chapter, the following definitions apply: (a) “Annual gate clearance” refers to a clearance status allowing a program provider or legal professional to enter one institution for a full calendar year. (b) “Institution” refers to a California state prison or facility, including community reentry programs and fire camps under the jurisdiction of the Department of Corrections and Rehabilitation. (c) “Program provider” refers to an individual affiliated with a nonprofit organization or a volunteer that originates outside the Department of Corrections and Rehabilitation and provides rehabilitative programming to incarcerated people. (d) “Program provider identification card” refers to an identification card that allows a program provider with an annual or statewide gate clearance to enter specified institutions without a sponsor. (e) “Short-term gate clearance” refers to a clearance status that allows a program provider, legal professional, or attorney support personnel to enter an institution for the specific dates and times, as approved by the hiring authority or designee, and shall not exceed 30 days. (f) “Sponsor” refers to staff at an institution assigned to escort program providers, legal professionals, or attorney support personnel, within the institution. (g) “Statewide gate clearance” refers to a clearance status provided to a program provider or legal professional entering more than three institutions on a routine basis. (h) (1) “Legal professional” refers to an attorney or attorney representative. (2) An attorney representative is any of the following: (A) A private investigator licensed by any state and sponsored by the attorney or appointed by the court. (B) An investigator who is employed by a government agency, public agency, or public institution. (3) An attorney support personnel is any of the following: (A) A law student sponsored by the attorney. (B) A legal paraprofessional sponsored by the attorney or appointed by the court. (C) An employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator.

Cal. Penal Code - PEN § 7461. Section 7461.

(a) The department shall provide forms to the institution for short-term gate clearances. The institution shall only use the forms provided by the department to process the short-term gate clearance. The forms should reflect the limited nature of this clearance and shall not be overly burdensome. An institution shall not require additional institution-specific “local” forms. (b) The department shall not require a fingerprint-based background check from an applicant applying for a short-term gate clearance. (c) The department shall not limit the number of short-term gate clearances an applicant can receive. (d) The department shall notify all short-term gate clearance applicants of the decision to approve or disapprove the application consistent with the timeframes identified in the department’s criminal history security screening form.

Cal. Penal Code - PEN § 7462. Section 7462.

(a) The department shall provide a standardized clearance packet to the institution for annual gate clearances. The institution shall only use the clearance packet provided by the department, composed only of approved forms, which allows an applicant to use the same packet for different institutions. An institution shall not require additional institution-specific “local” forms. (b) (1) An applicant applying for an annual gate clearance shall complete a standardized clearance packet. (2) A program provider applying for this clearance shall be subject to a fingerprint-based background check. The clearance application process shall be initiated prior to any fingerprint-based background check. Completion of the background check shall occur concurrently with the department’s processing of the annual gate clearance application. If the program provider has already provided fingerprints to an institution or the department, a clearance application shall be submitted to the additional institution, noting where the fingerprints were previously provided. The institution shall not require the program provider to provide additional fingerprints. (c) Approved applicants shall renew their gate clearance annually. (d) Approved applicants with an annual gate clearance shall have either a program provider identification card or a sponsor. (e) (1) The department shall not limit the number of annual gate clearances an applicant can receive. (2) The department shall notify all applicants for an annual gate clearance of the decision to approve or disapprove the application within 30 days of receipt of the application. If the department has not received the applicable information from the Department of Justice after 30 days, the department shall provide an update to the applicant. The department shall notify applicants of the decision to approve or disapprove the application within 30 days of receiving the applicable information from the Department of Justice.

Cal. Penal Code - PEN § 7463. Section 7463.

(a) The department shall provide a standardized packet of forms to the institution for a program provider identification card, which allows program providers to use the same packet for different institutions. An institution shall not require additional institution-specific “local” forms. (b) (1) A program provider identification card is valid for five years, provided the program provider meets testing and annual training requirements and renews their clearance annually. (2) A program provider with a program provider identification card shall be able to escort other authorized program providers within the institution for which the program provider identification card is valid. (3) A program provider applying for a program provider identification card shall be subject to the same baseline TB screening and testing, as defined in subdivision (b) of Section 6006.5, as required by various departmental staff. The department shall accept forms from a hospital, military, University of California system, or local public health department in lieu of the Department of Corrections and Rehabilitation standard forms as documentation of testing if the forms include the date of the testing and evaluation, the results, and the licensed evaluator’s or physician’s signature. (4) A program provider shall be subject to a fingerprint-based background check with their initial clearance application. If the program provider has already provided fingerprints to the department, a clearance application shall be submitted to the additional institution, noting where the fingerprints were previously provided. The institution shall not require the program provider to provide additional fingerprints. (c) (1) The department shall not limit the number of program provider identification cards a program provider can receive. (2) The department shall notify all program provider card applicants of the decision to approve or disapprove within 30 days of receipt of the application. If the department has not received the applicable information from the Department of Justice after 30 days, the department shall provide an update to the program provider. The department shall notify applicants of the decision to approve or disapprove the application within 30 days of receiving the applicable information from the Department of Justice.

Cal. Penal Code - PEN § 7464. Section 7464.

(a) (1) The department shall accept applications for statewide gate clearance from qualified program providers and legal professionals and, if a program provider is approved, the department shall provide a program provider identification card pursuant to Section 7463 if the program provider does not already have a valid identification card. (2) Approved applicants shall renew their clearance annually. (3) A program provider applying for this clearance shall be subject to a fingerprint-based background check with their initial clearance application. If the applicant has already provided fingerprints to the department, a clearance application shall be submitted to the additional institution, noting where the fingerprints were previously provided. The institution shall not require the applicant to provide additional fingerprints. (b) A program provider with statewide gate clearance shall be able to escort other authorized program providers within each institution for which the statewide gate clearance is valid. (c) A program provider with statewide gate clearance may provide programs without a sponsor. (d) If a program provider has been providing programming for a minimum of six months at more than three institutions, when approved to provide programs at any additional institutions, they may immediately request a program provider identification card. (e) The department shall notify all statewide gate clearance applicants of the decision to approve or disapprove the application within 30 days of receipt of the application.

Cal. Penal Code - PEN § 7465. Section 7465.

(a) The department shall designate a standardized approval process for people who were formerly incarcerated and who are applying for all clearances covered by this chapter. (b) The department shall not exclude people who were formerly incarcerated from applying based on the type of institution or local area the person is applying to, unless extraordinary circumstances exist, such as verified or credible evidence by a warden that the person who was formerly incarcerated has introduced contraband into the institution or poses a significant security concern. (c) For applicants who were formerly incarcerated and who are currently under supervision by the Division of Adult Parole Operations and who require documentation from the division to be provided any type of clearance, the division shall provide the documentation within 14 calendar days of the receipt of the request. (d) An institution shall write and explain in a memorandum the reasons for denying a formerly incarcerated person’s application for clearance. The memorandum shall be provided to the applicant by email or mail. (e) Denial of applications for clearance shall be grounds for an appeal. An appeal of denial of applications for clearance shall be resolved within 90 days.

Cal. Penal Code - PEN § 7466. Section 7466.

(a) The department shall notify all applicants for clearance of their right to appeal clearance decisions and of the process for filing an appeal. (b) The department shall notify all applicants for clearance of the final disposition of their appeal within 90 days.

Cal. Penal Code - PEN § 7467. Section 7467.

(a) The department shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice from an applicant applying for an annual gate clearance, program provider identification card, or statewide gate clearance, as defined in Section 7460, in accordance with subdivision (u) of Section 11105. (b) The Department of Justice shall provide a state or federal response to the department pursuant to subdivision (l) of Section 11105.

Cal. Penal Code - PEN § 7468. Section 7468.

The following persons shall, upon request, be granted a short-term gate clearance for any institution without the requirement to apply for a clearance for all Department of Corrections and Rehabilitation facilities upon request: (a) The Governor and all cabinet members. (b) Members of the Legislature and legislative staff. (c) Current judges of the State of California.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026