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 3138 - Indigent Incarcerated Persons
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Upon the request of an indigent incarcerated person, as defined in Section 3000, writing paper, envelopes, a writing implement, and the postage required for five 1-ounce First-Class letters per week shall be supplied. Incarcerated persons are not allowed to trade, transfer, or swap indigent incarcerated person supplies with another incarcerated person.
(b) Except as provided in subsection 3138(h) for mail to the courts or to the Attorney General, indigent incarcerated persons may request to mail any type of correspondence that weighs more than one ounce. Indigent incarcerated persons must relinquish the appropriate number of indigent envelopes to either their assigned Correctional Counselor or housing unit staff with the item to be mailed. If the item to be mailed weighs more than five ounces, the indigent incarcerated person must relinquish all five indigent envelopes. Staff must forward the indigent envelopes with the item to be mailed to the mailroom with the notation that it is to be mailed for the indigent incarcerated person. In order to facilitate this mailing, if requested, staff shall provide the indigent incarcerated person with one appropriately sized envelope.
(c) Foreign mail requiring postage in excess of the minimum required for First-Class Mail shall be limited to two of the five letters.
(d) Indigent envelopes issued to an incarcerated person become their property. The incarcerated person shall be allowed to utilize the envelopes regardless of current financial status. A charge shall not be placed against future deposits to the incarcerated person's trust account to recover the cost of materials and postage provided, while the incarcerated person was indigent.
(e) All incarcerated person requests for indigent envelopes shall be authorized by the Trust Office.
(f) Any incarcerated person attempting to use a State issued envelope intended for another incarcerated person who is indigent shall receive progressive discipline pursuant to CCR section 3312.
(g) Indigent incarcerated persons desiring to correspond with their attorney or any other confidential correspondent shall be required to utilize their weekly allotment of indigent supplies to send such correspondence.
(h) In addition to indigent writing supplies and postage for the five (5) one (1) ounce letters per week, indigent incarcerated persons shall have free and unlimited mail to any court or the Attorney General's Office.
(i) Each institution shall establish local procedures for the issuance of writing supplies to indigent incarcerated persons.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 4570, Penal Code; Procunier v. Martinez, 416 U.S. 396; and Bell v. Wolfish, 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. Wolfish, 99 S. Ct. 1861.
