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Title 13 — Corrections & Incarceration
Title 13 — CORRECTIONS & INCARCERATION
Chapter 1: Lawful Incarceration and Intake
Section 1301 Lawful Commitment and Custody#
- (a) A person may be confined in a state or local correctional facility only pursuant to a court order, sentence, warrant, or other judicially authorized process, or pursuant to a lawful arrest pending prompt judicial review.
- (b) Correctional staff may accept custody upon documentation that appears valid on its face and that identifies the person and the asserted legal basis for confinement.
- (c) When documentation is missing, materially defective, or cannot be verified within a reasonable time, the facility shall promptly notify a judge and request direction.
- (d) If the legal basis for confinement is not confirmed within 30 minutes after intake, the person shall be released unless a judge orders continued detention.
Section 1302 Intake, Identification, and Property#
- (a) Upon intake, correctional staff may photograph, fingerprint, and record identifying information of the confined person, and shall inventory and secure personal property not permitted in custody.
- (b) The inventory shall be documented in writing and, for high-value items, by photo when practicable.
- (c) Property held for evidentiary purposes shall be logged with a chain-of-custody record.
- (d) Property not contraband shall be returned upon release, except property held pursuant to a lawful seizure order or evidentiary hold.
Section 1303 Medical Screening and Fitness for Confinement#
- (a) Correctional staff shall conduct a timely wellness screening and may refer a confined person for medical evaluation when reasonably indicated.
- (b) When a confined person requires urgent medical care, staff shall facilitate transport or treatment without unreasonable delay, consistent with facility security.
- (c) Screening and any referral, refusal, or delay shall be documented with time stamps.
Section 1304 Classification and Housing Assignment#
- (a) A confined person may be classified and housed based on safety, security, medical needs, risk of violence, risk of escape, and facility capacity.
- (b) Separation from others may be ordered when reasonably necessary to prevent violence, intimidation, self-harm, or interference with facility operations.
- (c) When separation is ordered, the facility shall document the reason and provide periodic review consistent with Chapter 5.
Chapter 2: Prisoner Rights and Responsibilities
Section 1321 Humane Conditions of Confinement#
- (a) All confined persons shall be treated humanely and shall not be subjected to cruel, degrading, or retaliatory conditions.
- (b) Reasonable restrictions may be imposed to maintain safety, discipline, and orderly operation, and shall be documented when they materially limit basic privileges or movement.
Section 1322 Access to Communication#
- (a) A confined person shall be afforded reasonable access to facility communication systems, subject to monitoring and restriction necessary for security and prevention of crime.
- (b) Communications may be limited or suspended for rule violations, threats, harassment, or attempts to obstruct justice, as determined by facility staff.
- (c) Any limitation or suspension exceeding 10 minutes shall be documented with the reason and duration and shall be reviewable through the grievance process.
- (d) A continued limitation or suspension may be reviewed by a judge on motion.
Section 1323 Access to Counsel and Legal Materials#
- (a) A confined person shall be afforded reasonable opportunity to communicate with counsel and to prepare legal filings, subject to security screening and scheduling.
- (b) Facility staff may impose reasonable time, place, and manner restrictions necessary for safety and orderly operation, provided such restrictions do not effectively deny access.
- (c) For persons held on offenses requiring a mandatory trial, and for persons actively pursuing an appeal, counsel access shall be prioritized and shall not be delayed absent a documented, specific security need.
Section 1324 Grievances#
- (a) Each facility shall maintain a grievance process permitting confined persons to report unsafe conditions, staff misconduct, or rule disputes.
- (b) Staff shall not retaliate against a confined person for use of the grievance process.
- (c) Any adverse action taken within 30 minutes after a grievance is filed shall be documented with an independent justification and supervisor approval.
Section 1325 Prisoner Responsibilities and Facility Rules#
- (a) A confined person shall comply with lawful orders and facility rules, including rules governing contraband, movement, work assignments, and conduct.
- (b) Facilities may impose proportionate administrative sanctions for rule violations, including loss of privileges, reassignment, or disciplinary segregation consistent with Chapter 5.
Chapter 3: Prison Labor and Activities
Section 1341 Work Programs and Activities#
- (a) A facility may operate work programs, education, treatment, and structured activities to promote safety, rehabilitation, and orderly confinement.
- (b) Participation may be voluntary or mandatory as a condition of classification, safety, or sentence administration, except where medically contraindicated as documented by medical staff.
Section 1342 Compensation and Deductions#
- (a) A facility may provide compensation or credits for work and program participation according to facility policy.
- (b) The facility may deduct a reasonable portion of compensation or credits for restitution, fines, victim compensation obligations, and costs of confinement as authorized by law or court order.
- (c) Deductions shall be itemized and recorded in the confined person’s account record.
Section 1343 Work Safety#
- (a) Work assignments shall be reasonably suited to the confined person’s physical capacity and facility safety requirements.
- (b) Staff may remove a confined person from an assignment for safety violations, refusal to work, sabotage, or threats to others.
Chapter 4: Early Release and Good Behavior Credits
Section 1361 Good Behavior Credits#
- (a) A facility may award good behavior credits that reduce the remaining term of confinement for sustained compliance with rules and constructive participation in programs.
- (b) Credits may be withheld or revoked for rule violations, violence, contraband, escape attempts, or interference with facility operations.
- (c) When credits are denied or revoked for a major infraction, the confined person shall receive notice of the reason and an opportunity to respond through an internal review process.
- (d) The award, denial, or revocation of credits shall remain within correctional discretion, subject to facility policy and review procedures.
Section 1362 Program Credits#
- (a) A facility may award additional credits for completion of work, education, treatment, or other approved programs.
- (b) Program credits may be limited or denied based on security classification, misconduct, or program availability.
- (c) When program availability is the sole reason for denial, the facility shall document the limitation and may offer alternative credit-eligible activities when practicable.
Section 1363 Limitations#
- (a) Credits under this Chapter shall not authorize release contrary to a judicial detention order.
- (b) Credits may be restricted for persons confined for homicide or capital murder only when a separate mandatory detention requirement applies; otherwise, credits remain available at correctional discretion.
Chapter 5: Disciplinary Segregation and Solitary Confinement Limitations
Section 1381 Disciplinary Segregation Authority#
- (a) A facility may place a confined person in disciplinary segregation when reasonably necessary to address serious misconduct, violence, threats, contraband, or repeated rule violations.
- (b) Disciplinary segregation shall be imposed for the shortest duration reasonably necessary to restore safety and order.
- (c) Continued segregation beyond 30 minutes requires an administrative review and documented justification.
- (d) Continued segregation beyond 60 minutes may be reviewed by a judge on motion.
Section 1382 Solitary Confinement Limitations#
- (a) Solitary confinement may be used only when less restrictive measures are reasonably inadequate to prevent imminent harm, serious disruption, or credible threats.
- (b) Solitary confinement shall not be used for punishment of protected speech, lawful grievances, or good-faith requests for medical care.
- (c) When solitary confinement is used, the facility shall document why less restrictive measures were inadequate.
- (d) A confined person in solitary confinement shall receive welfare checks at intervals not exceeding 10 minutes and reasonable access to basic necessities, subject to security needs.
Section 1383 Review#
- (a) A facility shall provide a review process for continued segregation status at reasonable intervals, considering safety, behavior, and mental and physical health.
- (b) Facility administrators retain discretion to continue, modify, or terminate segregation based on documented security needs.
Chapter 6: Transfers, Transport, and Extradition Within the State
Section 1391 Transfers Between Facilities#
- (a) A confined person may be transferred between facilities for safety, medical needs, classification, capacity management, program access, or investigative necessity.
- (b) Transfers shall not be used as retaliation for grievances or lawful exercise of rights.
Section 1392 Transport Standards#
- (a) During transport, staff shall use restraints and security measures reasonably necessary to prevent escape and ensure safety.
- (b) Staff shall not use restraints in a manner intended to punish, humiliate, or cause unnecessary pain.
Section 1393 Intrastate Extradition and Holds#
- (a) A facility may honor lawful holds and transfer requests issued by competent state authorities.
- (b) A hold shall include the issuing authority, case number, and a review or expiration time when practicable.
- (c) A confined person shall be informed of the basis for a hold or transfer when doing so does not compromise safety or an active investigation, and any delayed notice shall be documented.
Chapter 7: Release, Reentry, and Property Return
Section 13101 Release Processing#
- (a) Upon completion of the term to be served, the facility shall process release without unreasonable delay, subject to verification of identity and resolution of lawful holds.
- (b) The facility shall document material release delays and the reason for the delay.
- (c) The facility may provide reentry information and referrals as available.
Section 13102 Return of Property#
- (a) Upon release, the facility shall return inventoried property not contraband and not subject to lawful seizure or evidentiary hold.
- (b) Disputes regarding missing or damaged property may be addressed through administrative review and any civil remedies provided by law.
Chapter 8: Offenses Against Correctional Administration
Section 13121 Escape or Attempted EscapeFELONY#
- (a) Escaping or attempting to escape from lawful custody or a correctional facility.
- (b) Penalties:
- (1) Fine: $50,000 to $150,000
- (2) Imprisonment: 30 to 60 minutes
Section 13122 Introduction or Possession of Contraband in CustodyFELONY#
- (a) Introducing, possessing, or distributing contraband within a correctional facility or while in lawful custody.
- (b) Penalties:
- (1) Fine: $25,000 to $100,000
- (2) Imprisonment: 20 to 45 minutes
Section 13123 Assault on Correctional Staff or Confined PersonsFELONY#
- (a) Assaulting a correctional employee, contractor, visitor, or another confined person within a correctional facility or while in lawful custody.
- (b) Penalties:
- (1) Fine: $50,000 to $200,000
- (2) Imprisonment: 30 to 60 minutes
Section 13124 Riot or Coordinated DisturbanceFELONY#
- (a) Participating in a riot or coordinated disturbance within a correctional facility that substantially disrupts operations or endangers persons.
- (b) Penalties:
- (1) Fine: $50,000 to $250,000
- (2) Imprisonment: 30 to 60 minutes
Section 13125 Interference with Correctional OperationsMISDEMEANOR#
- (a) Refusing lawful orders after notice or warning when practicable, or engaging in conduct that materially interferes with facility operations, without rising to riot, assault, or escape.
- (b) Penalties:
- (1) Fine: $2,000 to $10,000
- (2) Imprisonment: 5 to 15 minutes
Chapter 9: Enhancements
Section 13150 Deadly Weapon EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: Offense committed while in accessible, usable possession of a deadly weapon.
- (c) Additional Penalties:
- (1) Additional Fine: $10,000 to $20,000
- (2) Additional Imprisonment: 10 to 20 minutes
Section 13151 Serious Bodily Injury EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: Offense results in serious bodily injury.
- (c) Additional Penalties:
- (1) Additional Fine: $15,000 to $30,000
- (2) Additional Imprisonment: 15 to 30 minutes
Section 13152 Vulnerable Victim EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: Victim is elderly, disabled, a minor, or a correctional staff member, peace officer, or judicial officer acting in an official capacity, and the victim’s status increased the harm or the victim was targeted because of that status.
- (c) Additional Penalties:
- (1) Additional Fine: $10,000 to $25,000
- (2) Additional Imprisonment: 10 to 20 minutes
Section 13153 Repeat Offender EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: Defendant has a prior conviction for an offense under this Title within 30 days.
- (c) Additional Penalties:
- (1) Second offense: Fine and imprisonment increased by 50%
- (2) Third offense: Fine and imprisonment increased by 100%
- (3) Fourth and subsequent: Fine and imprisonment increased by 200%