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 4 - Mail
Section 3133 - Definitions and Disposition of Mail
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Definitions:
(b) All incoming and outgoing mail shall be handled in accordance with the following:
(c) Confidential Mail with Trust Account Withdrawals. Incarcerated person confidential mail submitted with a CDCR Form 193, Trust Account Withdraw Order (Rev. 07/24), to pay for filing fees or other costs may be left unsealed so that the voucher (check) can be enclosed after the trust account withdrawal has been processed. Incarcerated persons who do not wish to forward this type of mail unsealed should attach a stamped, appropriately addressed envelope to the confidential mail so the check can be enclosed and forwarded in the extra envelope.
(d) Undelivered Mail. All undelivered letters and packages returned to a facility by the post office shall be opened and inspected before being returned to the incarcerated person. This inspection is to determine if the content originated with the incarcerated person sender identified on the letter or package, and to prevent the transmission of contraband, material, substances, and property that an incarcerated person is not authorized to possess in the correctional facility. The inspection of returned mail includes regular mail and letters that were mailed as confidential correspondence. In the case of returned confidential correspondence, the envelope shall be opened in the presence of the incarcerated person. It shall be examined and read to the degree necessary to determine if it was sent by the incarcerated person and opened or tampered with before its return to the facility. Upon completion of this examination, the returned correspondence shall be given to the incarcerated person. Any contraband found in the returned correspondence shall be confiscated and processed, and appropriate disciplinary action taken.
(e) Unmailed Correspondence. If any First-Class Mail is not accepted for mailing, or is accepted for mailing but is not properly mailed, the incarcerated person shall be notified in writing of the reason for refusal to accept or to promptly mail the item(s). When the delay in mailing exceeds 5 business days, the notice shall be sent and include the disposition of such mail. Unless retention of such mail is required in administrative, legal, or disciplinary proceedings against the incarcerated person or other persons, it shall be promptly mailed or returned to the incarcerated person.
(f) Forwarding Mail. Mail received for an incarcerated person who has been transferred from the facility where the mail is received shall be immediately forwarded to the facility or agency that has current custody of the incarcerated person. Mail addressed to an incarcerated person who has been transferred or released shall not be returned to the sender as "Addressee Unknown" unless the individual has been discharged from CDCR. First-Class Mail and Periodicals addressed to an incarcerated person who has been transferred within the CDCR shall have a label affixed with the current address and shall be forwarded via the USPS. For incarcerated persons who have paroled, the affixed label shall state "Paroled Region # ___", and shall show that Parole Regions' address. Standard Mail with a "Mailer Endorsement" that was appropriately addressed, but is undeliverable because the incarcerated person is no longer housed at the facility, shall be returned to the USPS for processing. Mailroom staff shall affix a label to the Standard Mail piece showing the correct address before returning it to the USPS for processing. For incarcerated persons who have paroled, the label affixed to the Standard Mail piece shall state "Paroled Region # ___" and shall show that Parole Regions' address. The Mailer Endorsement will appear either near the address block or below the return address in the top left corner of the mail piece. A Mailer Endorsement may read "Address Service Requested", or "Forwarding Service Requested", or "Change Service Requested", or "Return Service Requested". Staff may dispose of any Standard Mail piece that does not have a Mailer Endorsement, and is undeliverable because the incarcerated person is not currently housed at the institution. Daily newspapers that are delivered by courier will not be forwarded nor will they be held for an incarcerated person who is temporarily away from the facility for longer than 72 hours. Exceptions will be made when the absence results from the incarcerated person's participation in facility approved activities such as a community release program, firefighting or other disaster control assignments. Newspapers that are delivered by the USPS will have a forwarding address affixed and shall be returned to the USPS for processing.
(g) Forwarding Confidential Correspondence. All confidential correspondence for incarcerated persons that must be forwarded will be done on a daily basis. If delivery of confidential correspondence from the courts is impeded because the addressee's name and CDCR number do not conform to each other, the mailroom will contact the Litigation Coordinator who will telephone the court to clarify the identification of the addressee in order to expedite delivery of confidential correspondence. Staff will document their efforts to identify the addressee when confidential correspondence from the courts cannot be delivered.
(h) Temporary Absence. Mail shall be held for an incarcerated person who is temporarily away from the facility when the incarcerated person's return is anticipated within one week.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 4570, Penal Code; Procunier v. Martinez, 416 U.S. 396; and Bell v. Wolffish, 99 S. Ct 1861.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 4570, Penal Code; Procunier v. Martinez, 416 U.S. 396; and Bell v. Wolffish, 99 S. Ct 1861.