Section 5058.1 Of Chapter 2. The Secretary Of The Department Of Corrections And Rehabilitation From California Penal Code >> Title 7. >> Part 3. >> Chapter 2.
5058.1
. (a) For the purposes of this section, "pilot program" means
a program implemented on a temporary and limited basis in order to
test and evaluate the effectiveness of the program, develop new
techniques, or gather information.
(b) The adoption, amendment, or repeal of a regulation by the
director to implement a legislatively mandated or authorized pilot
program or a departmentally authorized pilot program, is exempt from
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, if the following conditions are
met:
(1) A pilot program affecting male inmates affects no more than 10
percent of the total state male inmate population; a pilot program
affecting female inmates affects no more than 10 percent of the total
state female inmate population; and a pilot program affecting male
and female inmates affects no more than 10 percent of the total state
inmate population.
(2) The director certifies in writing that the regulations apply
to a pilot program that qualifies for exemption under this section.
The certification shall include a description of the pilot program
and of the methods the department will use to evaluate the results of
the pilot program.
(3) The certification and regulations are filed with the Office of
Administrative Law and the regulations are made available to the
public by publication pursuant to subparagraph (F) of paragraph (3)
of subdivision (b) of Section 6 of Title 1 of the California Code of
Regulations.
(4) An estimate of fiscal impact is completed pursuant to Sections
6650 to 6670, inclusive, of the State Administrative Manual.
(c) The adoption, amendment, or repeal of a regulation pursuant to
this section becomes effective immediately upon filing with the
Secretary of State.
(d) A regulation adopted pursuant to this section is repealed by
operation of law, and the amendment or repeal of a regulation
pursuant to this section is reversed by operation of law, two years
after the commencement of the pilot program being implemented, unless
the adoption, amendment, or repeal of the regulation is promulgated
by the director pursuant to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code. For
the purpose of this subdivision, a pilot program commences on the
date the first regulatory change implementing the program is filed
with the Secretary of State.