Cal. Penal Code § 7462
Clearances
Redline — January 1, 2023 → current.View current text →
Current — January 1, 2025
As of January 1, 2023
(a) The department shall provide a standardized clearance packet to the institution for annual clearances. The institution shall only use the clearance packet provided by the department, composed only of approved forms, which allows program providers to use the same packet for different institutions. An institution shall not require additional institution-specific “local” forms.
(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) A program provider applying for an annual clearance shall complete a standardized clearance packet.
(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 the same infectious disease testing policies as the department staff. The department shall accept forms from a hospital, military, University of California system, or local public health department in lieu of the CDCR Form 7336 or CDCR Form 7354 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.
(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) A program provider shall renew their clearance annually.
(c) Approved applicants shall renew their gate clearance annually.
(d) A program provider with an annual clearance shall have either a program provider identification card or a sponsor.
(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 clearances a program provider can receive.
(e) (1) The department shall not limit the number of annual gate clearances an applicant can receive.
(2) The department shall notify all program provider applicants for annual 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 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.
(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.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.