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 3164 - Restricted Housing Unit Access
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Incarcerated persons confined in a Restricted Housing Unit (RHU) for any reason will not be limited in their access to the courts.
(b) During a period of disciplinary detention, as described in Section 3330, legal resources may be limited to pencil and paper which will be provided upon request for correspondence with an attorney or the preparation of legal documents for the courts. Other legal material in the incarcerated person's personal property may be issued to an incarcerated person in disciplinary detention if litigation was in progress before the incarcerated person's placement in disciplinary detention and legal due dates are imminent.
(c) Incarcerated persons who are housed in any restricted unit and who are not serving a period of disciplinary detention may possess and have access to any legal resource material available to the general population and may assist each other in their legal work to the extent compatible with institution security. For the purpose of this subsection, restricted units include reception centers, institution reception or orientation units, controlled housing, and RHU as defined in section 3000.
(d) An incarcerated person in a restricted housing unit may have access to an incarcerated person law library subject to the provisions of section 3123.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.