Section 3297 - Air Space Management(a) Staff and incarcerated persons shall be notified and warning signs posted to indicate that any incarcerated person who without authorization moves toward an aircraft on or near facility property may be fired upon to prevent an escape.(b) If an aircraft enters a facility's air space for an apparent escape attempt, staff shall act to prevent any escape. (1) Firearms shall not be used to bring down or disable an aircraft in flight.(2) If the aircraft is on the ground on or near facility property, staff shall take any action necessary, including use of firearms, to disable the aircraft.(3) Return fire may be directed at an attacker within an aircraft if no other means is available to save the lives of innocent or uninvolved persons.(4) Incarcerated person failure to comply with orders to move away from any grounded aircraft shall be considered an attempt to escape.Cal. Code Regs. Tit. 15, § 3297
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 835a and 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 835a and 5054, Penal Code.
1. New section filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
2. Change without regulatory effect amending subsections (a) and (b)(4) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).