Chapter 1 Establishment of State Prisons
Chapter 2 Administration of State Prisons
Chapter 3 Civil Rights of Prisoners
Chapter 4 Treatment of Prisoners
Chapter 5 Employment of Prisoners
Chapter 6 Sale of Prison-Made Goods
Chapter 7 Execution of Sentences of Imprisonment
Chapter 8 Length of Term of Imprisonment and Paroles
Chapter 9 Prison to Employment

Terms Used In California Codes > Penal Code > Part 3 > Title 1

  • Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
  • Account: when used to mean a contract of deposit of funds between a depositor and a financial institution, includes a checking account, savings account, certificate of deposit, share account, mutual capital certificate, and other like arrangements. See California Government Code 21254
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Action: includes an action commenced by cross-complaint or other pleading that asserts a cause of action or claim for relief. See California Education Code 8347.1
  • Administrator: means the individual designated by the licensee to act on behalf of the licensee in the overall management of the facility. See California Public Contract Code 21061
  • Adult day health care: means an organized day program of therapeutic, social, and skilled nursing health activities and services provided pursuant to this chapter to elderly persons or adults with disabilities with functional impairments, either physical or mental, for the purpose of restoring or maintaining optimal capacity for self-care. See California Penal Code 2053.1
  • adult day health care center: means a licensed facility that provides adult day health care. See California Penal Code 2053.1
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Affordable rental housing: shall mean a rental housing development, as defined in subdivision (d) of Section 50675. See California Public Utilities Code 103570
  • Agency: means the Monterey-Salinas Transit Joint Powers Agency, a joint exercise of powers agency. See California Water Code 1210
  • Agreement: includes but is not limited to agreements providing for valuations, appraisals and similar proceedings and agreements between employers and employees or between their respective representatives. See California Government Code 38733
  • AIDS: as used in this chapter , means acquired immune deficiency syndrome. See California Penal Code 2985.5
  • Allegation: something that someone says happened.
  • Allotment trust land: means land held by the United States under the Indian General Allotment Act of 1887, as amended, (Chapter 9 (commencing with Section 331) of Title 25 of the United States Code), in trust for an individual Indian or for two or more Indians holding individual interests in common. See California Public Utilities Code 103326
  • Alternative payment program: means a local government agency or nonprofit organization that has contracted with the department pursuant to Section 8220. See California Education Code 8208
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • armed forces of the United States: means the "armed forces" as defined in Section 18540 of the Government Code. See California Public Utilities Code 101312
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attendance: means the number of children present at a child care and development facility. See California Education Code 8208
  • authority: means the Prison Industry Authority. See California Penal Code 2800
  • automobile dismantler: is a ny person not otherwise expressly excluded by Section 221 who:

    California Education Code 8263 v2

  • Award: includes but is not limited to an award made pursuant to an agreement not in writing. See California Government Code 38733
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • battalion: when used in connection with the infantry of the National Guard. See California Public Utilities Code 101243
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Blood: means human whole blood or components of human blood, including plasma, which are prepared from human whole blood by physical, rather than chemical processes, but does not include blood derivatives manufactured or processed for industrial use. See California Penal Code 3010.5
  • Blood components: as used in this chapter , means preparations separated from single units of whole blood or prepared for hemapheresis and intended for use as final products for transfusions. See California Penal Code 2985.5
  • Board: means the Department of Veterans Affairs. See California Public Utilities Code 105075
  • Board: means the Department of Veterans Affairs. See California Public Utilities Code 105101
  • Board: means the Department of Veterans Affairs. See California Public Utilities Code 105143
  • Board: means the Department of Veterans Affairs. See California Public Utilities Code 105172
  • Board: means the Department of Veterans Affairs. See California Public Utilities Code 105208
  • Board: means the Department of Veterans Affairs. See California Public Utilities Code 105233
  • Board: means the Department of Veterans Affairs. See California Public Utilities Code 106023
  • board: means the Board of Directors of the Monterey-Salinas Transit District. See California Water Code 1210
  • Bond: means veterans bond, a state general obligation bond issued pursuant to this article adopting the provisions of the State General Obligation Bond Law. See California Public Utilities Code 105075
  • Bond: means veterans bond, a state general obligation bond issued pursuant to this article adopting the provisions of the State General Obligation Bond Law. See California Public Utilities Code 105101
  • Bond: means veterans bond, a state general obligation bond issued pursuant to this article adopting the provisions of the State General Obligation Bond Law. See California Public Utilities Code 105143
  • Bond: means veterans bond, a state general obligation bond issued pursuant to this article adopting the provisions of the State General Obligation Bond Law. See California Public Utilities Code 105172
  • Bond: means veterans bond, a state general obligation bond issued pursuant to this article adopting the provisions of the State General Obligation Bond Law. See California Public Utilities Code 105208
  • Bond: means veterans bond, a state general obligation bond issued pursuant to this article adopting the provisions of the State General Obligation Bond Law. See California Public Utilities Code 105233
  • Bond: means veterans bond, a state general obligation bond issued pursuant to this article adopting the provisions of the State General Obligation Bond Law. See California Public Utilities Code 106023
  • bus: is a ny vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons including the driver. See California Education Code 8265
  • business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Education Code 8265.1
  • California state preschool program: means part-day and full-day educational programs for low-income or otherwise disadvantaged three- and four-year-old children. See California Education Code 8208
  • camper: is a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. See California Education Code 8266.5
  • Care and supervision: means the facility assumes responsibility for, or provides or promises to provide in the future, ongoing assistance with activities of daily living without which the resident's physical health, mental health, safety, or welfare would be endangered. See California Public Contract Code 21061
  • Caregiver: means a person who provides direct care, supervision, and guidance to children in a child care and development facility. See California Education Code 8208
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Chambers: A judge's office.
  • Child care and development programs: means those programs that offer a full range of services for children from infancy to 13 years of age, for any part of a day, by a public or private agency, in centers and family child care homes. See California Education Code 8208
  • Child care and development services: means those services designed to meet a wide variety of needs of children and their families, while their parents or guardians are working, in training, seeking employment, incapacitated, or in need of respite. See California Education Code 8208
  • Children with exceptional needs: means either of the following:

    California Education Code 8208

  • City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Education Code 5092
  • Commission: means the Public Utilities Commission created by Section 1 of Article XII of the California Constitution, and "commissioner" means a member of the commission. See California Education Code 5093
  • Committee: means the Veterans' Finance Committee of 1943, created by Section 991 of the Military and Veterans Code. See California Public Utilities Code 105075
  • Committee: means the Veterans' Finance Committee of 1943, created by Section 991. See California Public Utilities Code 105101
  • Committee: means the Veterans' Finance Committee of 1943, created by Section 991. See California Public Utilities Code 105143
  • Committee: means the Veterans' Finance Committee of 1943, created by Section 991. See California Public Utilities Code 105172
  • Committee: means the Veterans' Finance Committee of 1943, created by Section 991. See California Public Utilities Code 105208
  • Committee: means the Veterans' Finance Committee of 1943, created by Section 991. See California Public Utilities Code 105233
  • Committee: means the Veterans' Finance Committee of 1943, created by Section 991. See California Public Utilities Code 106023
  • Community property: means :

    California Government Code 21259

  • company: when used in connection with the infantry of the National Guard. See California Public Utilities Code 101243
  • Complaint: includes a cross-complaint or other initial pleading. See California Education Code 8347.1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Condominium: means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential building on the real property, such as an apartment, which, in the opinion of the department, suits the needs of the purchaser and the purchaser's dependents as a place of abode. See California Public Utilities Code 103326
  • Conservatee: includes a limited conservatee. See California Government Code 21260
  • Conservator: includes a limited conservator. See California Government Code 21261
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Controversy: means any question arising between parties to an agreement whether such question is one of law or of fact or both. See California Government Code 38733
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperative dwelling unit: means a unit in a development owned by a stock cooperative as defined in subdivision (m) of Section 1351 of the Civil Code, including a limited-equity housing cooperative as defined in Section 817 of the Civil Code, or similar entity, the exclusive occupancy of which is established in accordance with cooperative dwelling unit ownership documents. See California Public Utilities Code 103326
  • Cooperative dwelling unit ownership documents: means cooperative housing stock together with any occupancy agreements or similar arrangements between the stock company and the owner of the cooperative housing stock. See California Public Utilities Code 103326
  • Cooperative housing stock: means a certificate of stock, a certificate of membership, or other evidence of ownership of an interest, in a stock cooperative as defined in subdivision (m) of Section 1351 of the Civil Code, including a limited-equity housing cooperative as defined in Section 817 of the Civil Code, or similar entity that entitles the purchaser to enter into occupancy agreements or similar arrangements with the stock cooperative, including a limited-equity housing cooperative, or similar entity, to occupy a cooperative dwelling unit. See California Public Utilities Code 103326
  • Cost: includes , but is not limited to, expenditures that are related to the operation of child care and development programs. See California Education Code 8208
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County: includes city and county. See California Education Code 32381
  • County: includes "city and county. See California Education Code 17389
  • county: includes "city and county". See California Education Code 1012
  • County: includes city and county. See California Education Code 5091
  • County: means Monterey County. See California Water Code 1210
  • County: includes city and county. See California Education Code 14004.5
  • County: includes every county and city and county within this State. See California Education Code 8275
  • Court: means the court in which the action is pending. See California Education Code 8347.1
  • creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: is a person not otherwise expressly excluded by Section 286 who:

    California Education Code 8276.5

  • debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defendant: includes a cross-defendant or other person against whom an action is commenced. See California Education Code 8347.1
  • Defense attorney: Represent defendants in criminal matters.
  • Department: as used in this article , means the Department of Transportation. See California Penal Code 2760.1
  • Department: means the State Department of Social Services. See California Public Contract Code 21061
  • department: means the State Department of Health Services. See California Penal Code 3049.5
  • department: means the Department of Veterans Affairs. See California Government Code 13332.14
  • Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Education Code 8277.2
  • Dependent: A person dependent for support upon another.
  • Dependent of a veteran: means the natural or adopted child of a veteran, or stepchild of a veteran as defined by the United States Department of Veterans Affairs for compensation purposes, the unmarried surviving spouse of a veteran, or the spouse of a totally disabled veteran. See California Public Utilities Code 102570
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Director: means the Director of Social Services. See California Public Contract Code 21061
  • Director: means the State Public Health Officer. See California Penal Code 2053.1
  • directors: means the board of directors of the district. See California Water Code 70151
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • district: as used in this article , shall be limited to such territory for purposes of the election and the incurring of indebtedness, and for purposes of Section 102336. See California Public Utilities Code 102500
  • District: means the Sonoma-Marin Area Rail Transit District. See California Water Code 70151
  • District: means the Monterey-Salinas Transit District created by Section 106010. See California Water Code 1210
  • District: as used in this part , means the San Francisco Bay Area Rapid Transit District. See California Water Code 1230
  • Donor: The person who makes a gift.
  • driver: is a person who drives or is in actual physical control of a vehicle. See California Education Code 8278.3
  • Effective rate of interest: means the average interest rate of the interest on the unpaid balance due on a participation contract to which the interest of the department is subject and the interest rate on the unpaid balance of the purchase price, as determined by the department. See California Public Utilities Code 103397
  • Effective rate of interest: means the average rate of interest on the unpaid balance due on a participation contract to which the department's legal rights are subject, and the rate of interest on the unpaid balance of the purchase price, as determined by the department. See California Public Utilities Code 103326
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence-based practices: refers to supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or post release supervision. See California Education Code 1046
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Factory-built housing: is a structure as defined in Section 19971 of the Health and Safety Code. See California Education Code 8321
  • Farm: means a tract of land, which, in the opinion of the department, is capable of producing sufficiently to provide a living for the purchaser and the purchaser's dependents. See California Public Utilities Code 103397
  • Farm: means a tract of land, which, in the opinion of the department, is capable of producing sufficient income to provide payment of the amortized contract installments, including principal, interest, and taxes. See California Public Utilities Code 103326
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Financial institution: means a state or national bank, state or federal savings and loan association or credit union, or like organization. See California Government Code 21269
  • for hire: means that the entity providing transportation services is compensated for the transportation under contract or agreement. See California Education Code 8370
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the Veterans Farm and Home Building Fund of 1943 created by Section 988 of the Military and Veterans Code. See California Public Utilities Code 105075
  • Fund: means the Veterans Farm and Home Building Fund of 1943 created by Section 988. See California Public Utilities Code 105101
  • Fund: means the Veterans Farm and Home Building Fund of 1943 created by Section 988. See California Public Utilities Code 105143
  • Fund: means the Veterans' Farm and Home Building Fund of 1943 created by Section 988. See California Public Utilities Code 105172
  • Fund: means the Veterans' Farm and Home Building Fund of 1943 created by Section 988. See California Public Utilities Code 105208
  • Fund: means the Veterans' Farm and Home Building Fund of 1943, created by Section 988. See California Public Utilities Code 105233
  • Fund: means the Veterans' Farm and Home Building Fund of 1943, created by Section 988. See California Public Utilities Code 106023
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • General public paratransit vehicle: means any motor vehicle designed for carrying no more than 24 persons and the driver, that provides local transportation to the general public, including transportation of pupils at or below the 12th-grade level to or from a public or private school or school activity, under the exclusive jurisdiction of a publicly owned and operated transit system through one of the following modes: dial-a-ride, subscription service, or route-deviated bus service. See California Education Code 8332.25
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Hemapheresis: means the removal of whole blood from a donor, separation of the blood into components, retention of the desired components, and return of the recombined remaining elements to the donor. See California Penal Code 3010.5
  • Highway: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Education Code 8332.7
  • HIV: as used in this chapter , means human immunodeficiency virus. See California Penal Code 2985.5
  • Home: means any of the following:

    California Public Utilities Code 103397

  • Home: includes all of the following:

    California Public Utilities Code 103326

  • Immediate family: means the spouse of a purchaser, the natural or adopted dependent children of the purchaser, and the parents of the purchaser if they are dependent on the purchaser for 50 percent or more of their support. See California Public Utilities Code 103397
  • Immediate family: means the spouse of a purchaser, the natural or adopted dependent children of the purchaser, and the parents of the purchaser if they are dependent on the purchaser for 50 percent or more of their support. See California Public Utilities Code 103326
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indian beneficiary: means an Indian for whom land is held in trust by the United States government. See California Public Utilities Code 103326
  • Indian veteran: means a veteran, as defined in Section 980, who, in addition, either belongs to an Indian tribe, band, group, reservation, rancheria, or community which is recognized by the United States as eligible for services from the United States Bureau of Indian Affairs or is an Indian beneficiary and who is eligible under this article for purchase by the department of a home or farm sited on trust land. See California Public Utilities Code 103326
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Individual plan of care: means a plan designed to provide recipients of adult day health care with appropriate treatment in accordance with the assessed needs of each individual. See California Penal Code 2053.1
  • Initial payment: means the first payment to be made by a purchaser to the department for a farm or home. See California Public Utilities Code 103397
  • Initial payment: means the first payment to be made by a purchaser to the department for a farm or home. See California Public Utilities Code 103326
  • instruction: includes classroom driver education, in-vehicle driver training, and correspondence study. See California Education Code 8279.2
  • Instrument: means a will, trust, deed, or other writing that designates a beneficiary or makes a donative transfer of property. See California Government Code 21291.5
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • interested person: includes any of the following:

    California Government Code 21293

  • interment: include cremation, except that the election of the form of interment as between burial and cremation shall be made pursuant to the first paragraph of Section 7100 of the Health and Safety Code. See California Public Utilities Code 103103
  • Juror: A person who is on the jury.
  • knowingly: import s only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See California Education Code 1012
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license: shall include a permit or a certificate issued by a state agency. See California Education Code 1097
  • License: means a basic permit to operate a residential care facility for the elderly. See California Public Contract Code 21061
  • License: means a basic permit to operate an adult day health care center. See California Penal Code 2053.1
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local educational agency: means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district. See California Education Code 8208
  • magistrate: signifies any one of the officers mentioned in Section 808. See California Education Code 1012
  • mandatory supervision: shall mean the portion of a defendant's sentenced term during which time he or she is supervised by the county probation officer pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170. See California Education Code 1094
  • minor: as used in this chapter or Chapter 3. See California Penal Code 2675
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Mobilehome: means either a parcel of real estate, or an undivided interest in common in a portion of a parcel of real property, on which is situated a mobilehome that will, in the opinion of the department, suit the needs of the purchaser and the purchaser's dependents as a place of abode and meets all requirements of local governmental jurisdictions. See California Public Utilities Code 103397
  • Mobilehome: is a structure as defined in Section 18008 of the Health and Safety Code. See California Education Code 8355
  • Mobilehome: means either a parcel of real estate, or an undivided interest in common in a portion of a parcel of real property, on which is sited one or more mobilehome modules, or a site in a mobilehome park, as defined in Section 18214 of the Health and Safety Code, on which one or more mobilehome modules are sited or are to be sited that will, in the opinion of the department, suit the needs of the purchaser and the purchaser's dependents as a place of abode and meets all requirements of local governmental jurisdictions. See California Public Utilities Code 103326
  • month: means a calendar month, unless otherwise expressed. See California Education Code 1012
  • moped: is a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. See California Education Code 8357
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of Section 18010 of the Health and Safety Code, but does not include a truck camper. See California Education Code 8360
  • motor-driven cycle: is a ny motorcycle with a motor that displaces less than 150 cubic centimeters. See California Education Code 8356.1
  • motorcycle: is a motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground. See California Education Code 8356
  • motorized quadricycle: is a four-wheeled device, and a "motorized tricycle" is a three-wheeled device, designed to carry not more than two persons, including the driver, and having either an electric motor or a motor with an automatic transmission developing less than two gross brake horsepower and capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. See California Education Code 8358
  • motortruck: is a motor vehicle designed, used, or maintained primarily for the transportation of property. See California Education Code 8359.1
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonminor student: means a person 18 years of age or older who qualifies as an individual with exceptional needs, as defined in Section 56026 of the Education Code, and who qualifies for services from a regional center for persons with developmental disabilities, as a person with a developmental disability as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code. See California Penal Code 2675
  • nonrepairable vehicle: is a vehicle of a type otherwise subject to registration that meets the criteria specified in subdivision (a), (b), or (c). See California Education Code 8361
  • nonrepairable vehicle certificate: is a vehicle ownership document issued to the owner of a nonrepairable vehicle. See California Education Code 8362
  • Oath: includes affirmation. See California Education Code 32383
  • Oath: A promise to tell the truth.
  • official traffic control device: is a ny sign, signal, marking, or device, consistent with Section 21400, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic, but does not include islands, curbs, traffic barriers, speed humps, speed bumps, or other roadway design features. See California Education Code 8365
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: is a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle. See California Education Code 8368
  • Paid donor: means a person who donates blood and who receives payment in return for the donation of such blood. See California Penal Code 3010.5
  • paratransit vehicle: is a passenger vehicle, other than a bus, schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle, or taxicab that is both of the following:

    California Education Code 8370

  • Parent: means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child. See California Education Code 8208
  • Parent: means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved. See California Government Code 21296
  • Participation contract: means an obligation secured by a deed of trust or mortgage, or other security interest established pursuant to regulations of the department. See California Public Utilities Code 103397
  • Participation contract: means an obligation secured by a deed of trust or mortgage, or other security interest established pursuant to regulations of the department. See California Public Utilities Code 103326
  • Party to the arbitration: means a party to the arbitration agreement:

    California Government Code 38733

  • passenger vehicle: is a ny motor vehicle, other than a motortruck, truck tractor, or a bus, as defined in Section 233, and used or maintained for the transportation of persons. See California Education Code 8401
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Education Code 1012
  • Pedestrian: includes a person who is operating a self-propelled wheelchair, motorized tricycle, or motorized quadricycle and, by reason of physical disability, is otherwise unable to move about as a pedestrian, as specified in subdivision (a). See California Education Code 8401.5
  • Person: includes a corporation as well as a natural person. See California Education Code 17389
  • person: includes a corporation as well as a natural person. See California Education Code 1012
  • Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Education Code 8404
  • person: includes : laboratory, firm, association, corporation, copartnership, and educational institution. See California Penal Code 3049.5
  • Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Government Code 21298
  • Personal activities of daily living: means any of the following: dressing, feeding, toileting, bathing, grooming, and mobility and associated tasks. See California Public Contract Code 21061
  • Personal care: means assistance with personal activities of daily living, to help provide for and maintain physical and psychosocial comfort. See California Public Contract Code 21061
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Education Code 17389
  • personal property: means a farm or a home. See California Public Utilities Code 103326
  • Personal property: All property that is not real property.
  • Plaintiff: includes a cross-complainant or other person by whom an action is commenced. See California Education Code 8347.1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plasma center: as used in this chapter , means any place where the process of plasmapheresis is conducted, as defined in Section 1025 of Title 17 of the California Code of Regulations and includes a place where leukopheresis or platelet pheresis, or both, is conducted. See California Penal Code 2985.5
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • private school: is a ny school, whether conducted for profit or not, giving a course of training similar to that given in a public school at or below the twelfth grade, including but not limited to schools owned or operated by any church. See California Education Code 8409
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Education Code 17389
  • Program director: means a person who, pursuant to Sections 8244 and 8360. See California Education Code 8208
  • Property: includes both personal and real property. See California Education Code 17389
  • property: includes both real and personal property. See California Education Code 1012
  • Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Government Code 21313
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public agency: includes the state, and any county, city and county, city, district, or other political subdivision or public entity of, or organized under the laws of, this state, or any department, instrumentality, or agency thereof. See California Water Code 70151
  • Public agency: as used in this part , includes the State of California, and any county, city and county, city, district, or other political subdivision or public entity of, or organized under the laws of, this State. See California Water Code 1242.5
  • Public agency: means the state, or any county, city and county, city, municipal corporation, school district, irrigation district, water district, or other district. See California Public Utilities Code 101312
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public employee: means any officer or employee of a public agency, except for those officers or employees of the state subject to the provisions of Chapter 11 (commencing with Section 19770) of Part 2 of Division 5 of Title 2 of the Government Code. See California Public Utilities Code 101312
  • Purchase price: means the price which the department pays for any farm or home. See California Public Utilities Code 103397
  • Purchase price: means the price which the department pays for any farm or home. See California Public Utilities Code 103326
  • Purchaser: means a veteran or any person who has entered into a contract of purchase of a farm or home from the department. See California Public Utilities Code 103397
  • Purchaser: means a veteran or any person who has entered into a contract of purchase of a farm or home from the department. See California Public Utilities Code 103326
  • Quasi-community property: means the following property, other than community property as defined in Section 28:

    California Government Code 21317

  • Quorum: The number of legislators that must be present to do business.
  • Rail transit: means the transportation of passengers and their incidental baggage by rail. See California Water Code 70151
  • rail transit facilities: means any or all real and personal property, equipment, rights or interests owned or to be acquired by the district for rail transit service purposes, including ancillary bicycle and pedestrian pathways that provide connections between and access to station sites. See California Water Code 70151
  • Rapid transit: as used in this part , means the transportation of passengers and their incidental baggage by any means. See California Water Code 1240
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: includes a leasehold interest in real property. See California Government Code 21318
  • Recognized military service: means service as defined in Section 18540. See California Public Utilities Code 101312
  • remanufacturer: is a ny person who for commission, money, or other thing of value, produces a vehicle that consists of any used or reconditioned integral parts, including, but not limited to, frame, engine, transmission, axles, brakes, or suspension which is subject to registration under this code. See California Education Code 8426
  • remission: means a finding that the overt signs and symptoms of the severe mental disorder are controlled either by psychotropic medication or psychosocial support. See California Penal Code 2962
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Resident: means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. See California Education Code 8431
  • Residential care facility for the elderly: means a housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, or personal care are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. See California Public Contract Code 21061
  • Resource and referral programs: means programs that provide information to parents, including referrals and coordination of community resources for parents and public or private providers of care. See California Education Code 8208
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • retail sale: is a sale of goods to a person for the purpose of consumption and use, and not for resale to others, including, but not limited to, an arrangement where a motor vehicle is consigned to a dealer for sale. See California Education Code 8432
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Road: means any existing vehicle route established before January 1, 1979, with significant evidence of prior regular travel by vehicles subject to registration pursuant to Article 1 (commencing with Section 4000) of Chapter 1 of Division 3. See California Education Code 8213
  • San Francisco Bay area: as used in this part , means the Counties of San Francisco, Marin, Sonoma, Napa, Solano, Contra Costa, Alameda, Santa Clara and San Mateo. See California Water Code 1231
  • schoolbus: is a motor vehicle designed, used, or maintained for the transportation of any school pupil at or below the 12th grade level to or from a public or private school or to or from public or private school activities, except the following:

    California Education Code 8444

  • seal: includes an impression of such seal upon the paper alone, or upon any substance attached to the paper capable of receiving a visible impression. See California Education Code 1012
  • Security: includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. See California Government Code 21320
  • Selling price: means the price for which the department sells any farm or home. See California Public Utilities Code 103397
  • Selling price: means the price for which the department sells any farm or home. See California Public Utilities Code 103326
  • Service: includes return of summons. See California Education Code 8347.1
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • severe mental disorder: means an illness or disease or condition that substantially impairs the person's thought, perception of reality, emotional process, or judgment. See California Penal Code 2962
  • Short-term respite child care: means child care service to assist families whose children have been identified through written referral from a legal, medical, or social service agency, or emergency shelter as being neglected, abused, exploited, or homeless, or at risk of being neglected, abused, exploited, or homeless. See California Education Code 8208
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 1001
  • spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 1012
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 24935
  • Spouse: includes domestic partner, as defined in Section 37 of this code, as required by Section 297. See California Government Code 21322
  • Startup costs: means those expenses an agency incurs in the process of opening a new or additional facility before the full enrollment of children. See California Education Code 8208
  • State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Education Code 17389
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Education Code 1012
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 5090
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 14022
  • State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Government Code 21325
  • state agency: shall include any state board, commission, bureau, or division created pursuant to the provisions of the Business and Professions Code, the Education Code, or the Chiropractic Initiative Act to license and regulate individuals who engage in certain businesses and professions. See California Education Code 1097
  • state department: means the State Department of Public Health. See California Penal Code 2053.1
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Street: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Education Code 8482.3
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Education Code 5028
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Education Code 14002.05
  • Subpoena: A command to a witness to appear and give testimony.
  • Suitable institutions of learning: as used in this article , includes postgraduate schools of colleges, universities, or other institutions of learning, but does not include educational institutions whose enrollment of students receiving federal or state veteran subsidy exceeds 85 percent of their total enrollment. See California Public Utilities Code 103363
  • Summons: Another word for subpoena used by the criminal justice system.
  • Sundowning: means a condition in which persons with cognitive impairment experience recurring confusion, disorientation, and increasing levels of agitation that coincide with the onset of late afternoon and early evening. See California Public Contract Code 21061
  • Support services: means those services that, when combined with child care and development services, help promote the healthy physical, mental, social, and emotional growth of children. See California Education Code 8208
  • Teacher: means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children. See California Education Code 8208
  • temporary military leave of absence: means a leave of absence from public employment to engage in ordered military duty for a period which by the order is not to exceed 180 calendar days including travel time for purposes of active military training, encampment, naval cruises, special exercises or like activity as a member of the reserve corps or force of the armed forces of the United States, or the National Guard, or the Naval Militia. See California Public Utilities Code 101312
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • total estate of the minor: includes both the money and other property belonging to the minor and the money and other property belonging to the guardianship estate, if any, of the minor. See California Probate Code 3400
  • Total loss salvage vehicle: means either of the following:

    California Education Code 8443

  • traffic: includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly or together, while using any highway for purposes of travel. See California Education Code 8483.3
  • trailer: includes a semitrailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is of a type constructed to replace the function of the drawbar and the front axle or axles of a trailer. See California Education Code 8483.76
  • transaction: means a transaction that involves community real or personal property, tangible or intangible, or an interest therein or a lien or encumbrance thereon, including, but not limited to, those transactions with respect thereto as are listed in Section 3102. See California Probate Code 3100
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfusion: means a use of blood in which the blood is administered to a human being for treatment of sickness or injury. See California Penal Code 3010.5
  • treasurer: as used in this chapter shall refer to such treasurer of the district so appointed. See California Public Utilities Code 101300
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Tribal trust land: means land held in trust by the United States for an Indian tribe or band. See California Public Utilities Code 103326
  • Tribe: means any Indian tribe, band, group, reservation, rancheria, or community which is recognized by the United States as eligible for services from the United States Bureau of Indian Affairs. See California Public Utilities Code 103326
  • Trust: includes the following:

    California Government Code 21331

  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Education Code 8486
  • Verdict: The decision of a petit jury or a judge.
  • veteran: means a person who has been honorably discharged from the United States Army, United States Navy, United States Air Force, United States Marine Corps, United States Coast Guard, the Merchant Marine, or the American Red Cross, and who has served in any war. See California Public Utilities Code 103053
  • veteran: means a person honorably discharged from the armed forces of the United States, including, but not limited to, the Philippine Commonwealth Army, the Regular Scouts ("Old Scouts"), and the Special Philippine Scouts ("New Scouts"). See California Public Utilities Code 103102
  • Veteran: means any person who served in the active military, naval, or air service of the United States, or as a member of the National Guard who was called to and released from active duty or active service, for a period of not less than 90 consecutive days or was discharged from the service due to a service-connected disability within that 90-day period. See California Public Utilities Code 103570
  • veteran: means any of the following:

    California Public Utilities Code 103360.1

  • Veterans: means (1) any person who served in the Army, Navy, or Marine Corps of the United States and was killed in action or died as a result of war service in the World War since April 6, 1917. See California Public Utilities Code 102570
  • war: shall mean : (a) whenever Congress has declared war and peace has not been formally restored. See California Education Code 1000
  • willfully: when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. See California Education Code 1012
  • writ: signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings. See California Education Code 1012
  • Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Education Code 17389
  • Writing: includes printing and typewriting. See California Education Code 17389
  • youth bus: is a ny bus, other than a schoolbus, designed for and when actually carrying not more than 16 persons and the driver, used to transport children at or below the 12th-grade level directly from a public or private school to an organized nonschool-related youth activity within 25 miles of the school or directly from a location which provides the organized nonschool-related youth activity to a public or private school within 25 miles of that location. See California Education Code 8498