California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Subchapter 2 - Incarcerated Person Resources
Article 3 - Confidentiality and Privacy
Section 3123 - Access to Law Libraries
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Physical law library access means physical entry into a facility law library for the purpose of using its legal resources. A facility law library includes, but is not limited to, a print law library or the Law Library Electronic Delivery System (LLEDS) with any necessary print supplements.
(b) All incarcerated persons, regardless of their classification or housing status, shall be entitled to physical law library access that is sufficient to provide meaningful access to the courts. Incarcerated persons on PLU status may receive a minimum of 4 hours per calendar week of requested physical law library access, as resources are available, and shall be given higher priority to the law library resources. Incarcerated persons on GLU status may receive a minimum of 2 hours per calendar week of requested physical law library access, as resources are available.
(c) When unable to physically access the law library, an incarcerated person may request access to legal material through delivery of those materials to the incarcerated person by library staff. This process is referred to as law library paging. An incarcerated person shall not be limited to law library paging for access to legal materials except under extraordinary circumstances including, but not limited to, the following:
(d) Incarcerated persons who are limited to law library paging due to a lockdown or modified program shall, whenever possible, have their law library access restored within 16 calendar days unless a high security risk continues to exist to prohibit physical law library access.
(e) When incarcerated persons are limited to law library paging for any reason as described in section 3123(c), law library staff must deliver the requested legal material to their cells as soon as possible, but no later than 16 calendar days from the date of the paging request.
(f) Disciplinary action for an incarcerated person who is found to be guilty of a serious rule violation pertaining to law library resources, facilities, or staff may include a suspension of all physical law library access for up to 90 calendar days. This action does not preclude an incarcerated person from pursuing legal research through the reasonable use of law library paging, beginning three calendar days after the date of suspension until the suspension period ends.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Gilmore v. Lynch, 319 F.Supp. 105 (N.D. Cal. 1970); Toussaint v. McCarthy, 801 F.2d 1080 (9th Cir. 1986); Toussaint v. McCarthy, USDC N.D. Cal. No. C 73-1422 SAW, First Special Report of the Monitor, August 19, 1987; Toussaint v. Rowland, USDC N.D. Cal. No. C 73-1422 SAW, Second Special Report of the Monitor, June 30, 1988; Zatko v. Rowland, 835 F.Supp. 1174 (N.D. Cal. 1993); and Lewis v. Casey, 518 U.S. 343 (1996).
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Gilmore v. Lynch, 319 F.Supp. 105 (N.D. Cal. 1970); Toussaint v. McCarthy, 801 F.2d 1080 (9th Cir. 1986); Toussaint v. McCarthy, USDC N.D. Cal. No. C 73-1422 SAW, First Special Report of the Monitor, August 19, 1987; Toussaint v. Rowland, USDC N.D. Cal. No. C 73-1422 SAW, Second Special Report of the Monitor, June 30, 1988; Zatko v. Rowland, 835 F.Supp. 1174 (N.D. Cal. 1993); Lewis v. Casey, 518 U.S. 343 (1996).