Section 5028 Of Chapter 1. The Department Of Corrections And Rehabilitation From California Penal Code >> Title 7. >> Part 3. >> Chapter 1.
5028
. (a) Upon the entry of any person who is currently or was
previously a foreign national into a facility operated by the
Department of Corrections, the Director of Corrections shall inform
the person that he or she may apply to be transferred to serve the
remainder of his or her prison term in his or her current or former
nation of citizenship. The director shall inform the person that he
or she may contact his or her consulate and shall ensure that if
notification is requested by the inmate, that the inmate's nearest
consulate or embassy is notified without delay of his or her
incarceration.
(b) Upon the request of a foreign consulate representing a nation
that requires mandatory notification under Article 36 of the Vienna
Convention on Consular Relations Treaty listed in subdivision (d) of
Section 834c, the Department of Corrections shall provide the foreign
consulate with a list of the names and locations of all inmates in
its custody that have self-identified that nation as his or her place
of birth.
(c) The Department of Corrections shall implement and maintain
procedures to process applications for the transfer of prisoners to
their current or former nations of citizenship under subdivision (a)
and shall forward all applications to the Governor or his or her
designee for appropriate action.