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 3162 - Legal Forms and Duplicating Services

Universal Citation: 15 CA Code of Regs 3162

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

(a) Legal duplication services may be provided to incarcerated persons for the purposes of initiating or maintaining a court action. The printed forms required by state and federal courts shall be made available to incarcerated persons. An incarcerated person shall be required to pay for the duplication of printed forms and other written or typed materials, and for any special paper and envelopes required for mailing to the courts so long as the incarcerated person has more than $25.00 in their trust account or the incarcerated person has attorney representation for the court action. An indigent incarcerated person as defined in Section 3000, who is without attorney representation for the court action, may receive legal duplicating services without charge subject to subsection (c).

(b) A legal document to be duplicated for any incarcerated person, including all exhibits and attachments, shall be limited to the maximum number of pages needed for the filing, not to exceed 50 pages in total length, except when necessary to advance litigation. The incarcerated person shall provide to designated staff a written explanation of the need for excess document length.

(c) Subject to the length requirements of subsection 3162(b), an indigent incarcerated person who does not have attorney representation may receive duplication services without charge for the following legal documents to a court:

(1) Petition for a writ of habeas corpus.

(2) Traverse, Reply Pleading, and other documents in support of a petition for writ of habeas corpus, as authorized by the court or as required by statute or court rule.

(3) Appeal from the denial of a writ of habeas corpus.

(4) Summons and Complaint for a civil action.

(5) Documents in support of a civil action, as authorized by the court or as required by statute or court rule.

(6) Petition for a hearing in an appellate court.

(7) Appellant's Brief, Reply Brief, and other documents in support of an appeal, as authorized by the court or as required by statute or court rule.

(8) Petition for a writ of certiorari to the Supreme Court.

(9) Motion to proceed in forma pauperis (as an indigent person).

(10) Additional documents that are necessary to advance litigation. The incarcerated person shall provide to designated staff a written explanation of the need for additional documents.

(d) The authority to place restrictions on duplication services for any reason as described in this section shall not be delegated to staff below the level of correctional captain unless the person is designated by the Warden. The reasons for any restrictions on the services provided an incarcerated person shall be documented on a CDC Form 128-B (Rev. 4.74), General Chrono, and placed in the incarcerated person's central file.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5007.7 and 5054, Penal Code.

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