Chapter 4. Prisoners’ Rights As Research Subjects of California Penal Code >> Title 2.1. >> Part 3. >> Chapter 4.
For the purposes of this title, a prisoner shall be deemed to
have given his informed consent only if each of the following
conditions are satisfied:
(a) Consent is given without duress, coercion, fraud, or undue
(b) The prisoner is informed in writing of the potential risks or
benefits, or both, of the proposed research.
(c) The prisoner is informed orally and in writing in the language
in which the subject is fluent of each of the following:
(1) An explanation of the biomedical or behavioral research
procedures to be followed and their purposes, including
identification of any procedures which are experimental.
(2) A description of all known attendant discomfort and risks
reasonably to be expected.
(3) A disclosure of any appropriate alternative biomedical or
behavioral research procedures that might be advantageous for the
(4) The nature of the information sought to be gained by the
(5) The expected recovery time of the subject after completion of
(6) An offer to answer any inquiries concerning the applicable
biomedical or behavioral research procedures.
(7) An instruction that the person is free to withdraw his consent
and to discontinue participation in the research at any time without
prejudice to the subject.
At the time of furnishing a prisoner the writing required by
subdivision (b) of Section 3521, the prisoner shall also be given
information as to (a) the amount of remuneration the prisoner will
receive for the research and (b) the manner in which the prisoner may
obtain prompt treatment for any research-related injuries. Such
information shall be provided in writing on a form to be retained by
The amount of such remuneration shall be comparable to that
which is paid to nonprisoner volunteers in similar research.