Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Funds may be mailed to an incarcerated person in the form of a money order,
cashier's check, certified check, personal check, or any other negotiable
instrument except cash and traveler's checks.
(1) The personal check, money order,
cashier's check, certified check, or any other negotiable instrument shall be
made payable to the California Department of Corrections and Rehabilitation
with the incarcerated person's last name and departmental identification
number. This information, along with the sender's name and address, shall be on
the face of the negotiable instrument.
(2) Funds from other incarcerated/supervised
persons shall be only accepted from approved correspondents, pursuant to
section 3139, who are members of the same
family, or the parent of the incarcerated person's child(ren).
(3) Funds received in the mail shall be
removed from the envelope by mailroom staff, and the envelope shall be
imprinted with a stamp that reads "Funds Enclosed." The date, amount, and
initials of the person processing the funds shall be recorded on the envelope
before it is forwarded to the incarcerated person. The stamped envelope is the
incarcerated person's receipt for the funds.
(4) Cash received in incoming mail will be
returned to the sender. Mailroom staff shall notify the incarcerated person in
writing, informing them that cash was received and will be returned to sender.
The envelope containing the cash and two copies of the memo will be forwarded
to the Trust Office to be returned to the sender.
(5) If a personal check, money order,
cashier's check, certified check, or any other negotiable instrument is
received in the mailroom and it does not contain the sender's name and address
on its face, it will be considered contraband per section
3006, and will be disposed of in
accordance with section
3191(c). The
negotiable instrument will be held in the Trust Office safe for thirty days
while the incarcerated person is contacted in regards to the disposition of the
contraband, in accordance with section
3191(c).
(6) Mailroom staff shall arrange the day's
remittances in numerical order. The remittances shall be listed in sequence on
the report of collections. This report shall include each incarcerated person's
name, departmental identification number, type of payment, amount, and the
total received.
(b)
Generally, incarcerated persons are not eligible to receive Supplemental
Security Income (SSI) checks from the Social Security Administration, Veteran
Affairs Benefits, or Welfare checks from the California Department of Social
Services/County Welfare agencies. Depending upon eligibility, incarcerated
persons may be allowed to receive tax refund checks.
(1) A facility representative shall be
appointed by the Associate Warden, Business Services, to assist outside
agencies in determining an incarcerated person's eligibility.
(2) Mailroom staff shall deliver all received
SSI, Veteran Affairs Benefits, and/or welfare and/or tax refund checks to the
Trust Office. The Accounting Officer shall notify the facility representative
that checks are being held pending determination of eligibility of the
incarcerated persons to receive the checks. The facility representative shall
notify the appropriate agency.
(3)
Unauthorized checks shall be returned to the appropriate agency.
(c) When a U.S. Government check
is received for an incarcerated person who is deceased or discharged from CDCR,
the check and envelope shall be returned to the sending agency with the
necessary information shown as to the incarcerated person being deceased or
discharged.
(1) If an incarcerated person has
been transferred to another facility, the check shall be forwarded including a
note requesting the incarcerated person to notify the state or federal agency
of their change of address.
(2)
Mail received for incarcerated persons who have been paroled shall be forwarded
to the office of the parole region to which the incarcerated person was
released, or if unable to locate the supervised person, the check should be
returned to the originating state or federal agency.
(d) Funds shall not be released for spending
by the incarcerated person for thirty (30) days from the date of deposit into
the trust account and must have cleared the bank upon which they were drawn.
When any personal check, money order, cashier's check, certified check, or any
other negotiable instrument is received, the face of the envelope in which the
funds were received shall be imprinted with a stamp indicating the funds have
been accepted at this time. This stamp is not intended to indicate that the
funds are immediately available for incarcerated person use, but only that the
funds were accepted for processing by the department.
(e) No foreign currency shall be accepted. If
foreign currency is received, the entire envelope and its contents shall be
returned to sender with a pre-printed notice to the sender which states it is
unauthorized.
Note: Authority cited: Section
5058, Penal
Code. Reference: Section
2601, Penal
Code.
Note: Authority cited: Section
5058, Penal
Code. Reference: Section
2601, Penal
Code.