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 6 - Legal Documents
Section 3160 - Incarcerated Person Access to Courts

Universal Citation: 15 CA Code of Regs 3160

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

(a) Incarcerated person access to the courts shall not be obstructed. Staff shall assist illiterate incarcerated persons or those physically incapable of preparing forms adopted under rules of the United States courts and the Judicial Council of California for petitions for habeas corpus or modification of custody if such an incarcerated person requests assistance. Staff shall not in any way retaliate against or discipline any incarcerated person for initiating or maintaining a lawsuit.

(b) In addition to any other court costs, filing fees, or procedures, an incarcerated person initiating a state civil action shall pay a three-dollar ($3) filing fee to the Department.

(1) Civil actions are defined as any non-criminal actions. For the purposes of this regulation, habeas corpus actions are not considered civil actions.

(2) The filing fee shall be charged against the incarcerated person's trust account.

(3) If the incarcerated person is without sufficient funds at the time of the charge, the civil action shall be allowed to be transmitted to the courts, and the incarcerated person shall not be charged for any remaining balance of the filing fee.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 2601, Penal Code.

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