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 3145 - Enclosures in Confidential Mail

Universal Citation: 15 CA Code of Regs 3145

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

When the inspection of confidential correspondence discloses written or printed enclosures, the enclosures will be treated in the same manner as confidential correspondence. The incarcerated person will not be given the enclosures or be allowed access to the enclosures except as authorized in the following subsections:

(a) The incarcerated person may consent to an immediate examination of the enclosure by staff who issues mail. Such examination will be limited to the extent necessary to determine if the enclosure may be safely admitted into the facility under the standards of Penal Code Section 2601. The conclusion of the examiner will be written on the enclosure, and be dated and signed by the examiner. If the enclosure can be safely admitted into the facility, it will be given to the incarcerated person. If in the examiner's opinion the enclosure does not meet the standards of Penal Code Section 2601 and cannot be safely admitted into the facility, it will be referred to staff at not less than the Correctional/Facility Captain level, for final determination. If not released to the incarcerated person at this level, the incarcerated person will be allowed access to the enclosure only as authorized in subsection (b).

(b) The incarcerated person may decline to consent to examination of enclosures in confidential mail by any staff. When this occurs, the enclosure will be immediately placed in a separate envelope and the envelope will be sealed in the presence of the incarcerated person. The separate envelope will, at the incarcerated person's choosing, be returned to the sender with the mailing cost charged to the incarcerated person's trust account, or disposed of pursuant to section 3191(c). The incarcerated person is entitled to keep the letter or correspondence and the envelope it came in.

(c) Any person who examines the content of mail under the authority of this article or in connection with an appeal by an incarcerated person of a ruling under this article, must keep the content of the material which was examined in strict confidence. No original, copy, excerpt, or summary of personal correspondence to or from an incarcerated person shall be made or be placed in an incarcerated person's C-file unless such correspondence is or has been the subject of:

(1) Legal, disciplinary, criminal investigation, or casework determination and actions affecting the incarcerated person.

(2) When the recipient of an incarcerated person's disturbing or offensive mail corresponds with the facility and requests administrative action, subject to section 3135.

(3) If an incarcerated person requests that a copy of personal correspondence be placed in their C-file and the incarcerated person's caseworker deems it appropriate to do so based on the relationship of the correspondence to the incarcerated person's incarceration.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 2600, Penal Code; and In re Jordan, 12 CA 3rd 575 (1974).

Note: Authority cited: Section 5058, Penal Code. Reference: Section 2600, Penal Code; and In re Jordan, 12 CA 3rd 575 (1974).

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