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 9 - Personal Property and Religious Personal Property
Section 3190 - General Policy

Universal Citation: 15 CA Code of Regs 3190

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

(a) Incarcerated persons shall be permitted to possess in their quarters/living area, state-issued property items, and authorized personal/religious property items based upon privileges in section 3044 and/or assigned security level and/or institution mission, and subject to disciplinary provisions in sections 3314 and 3315.

(b) Specific items of personal property shall be established by a consensus of individual facilities within the Division of Adult Institutions. An Authorized Personal Property Schedule, identifying a list of allowable property, not including religious property, shall be developed and updated no more frequently than twice yearly. Local facility exemptions to the property lists shall also be identified. All changes to the Authorized Personal Property Schedule shall be adopted in accordance with the rulemaking requirements of the Administrative Procedure Act (Government Code sections 11340 through 11350.3) and, if applicable, Penal Code section 5058.3.

The following five property lists are incorporated by reference:

(1) Authorized Personal Property Schedule -- Reception Center Male Inmates (Rev. 11/23). This personal property schedule applies to all facilities which operate Male Reception Center Housing.

(2) Authorized Personal Property Schedule -- General Population Levels I, II, and III, Male Inmates (Rev. 11/23). This personal property schedule applies to all facilities which operate Levels I, II, III Male Inmate Housing.

(3) Authorized Personal Property Schedule -- Level IV Male Inmates (Rev. 11/23). This personal property schedule applies to all facilities which operate Level IV Male Inmate Housing.

(4) Authorized Personal Property Schedule -- Restricted Housing Unit (RHU) Male Inmates (Rev. 11/23). This personal property schedule applies to all facilities which operate RHU Male Inmate Housing.

(5) Authorized Personal Property Schedule -- Female Inmates (Rev. 11/23). This personal property schedule applies to all facilities which operate Female Inmate Housing.

(c) The Religious Personal Property Matrix (RPPM) (Rev. 11/23) identifies a separate list of allowable personal religious property, and is incorporated by reference. The RPPM shall be developed and updated by the Statewide Religious Review Committee (SRRC) no more frequently than twice yearly. Local exceptions to the RPPM shall also be identified.

(1) Incarcerated person requests for additional religious personal property items to be added to the RPPM shall be submitted to the local Religious Review Committee (RRC) on a CDCR Form 2279 (Rev. 07/24), Religious Personal Property Matrix (RPPM) Request for Additional Item, which is incorporated by reference. The local RRC shall review the request and forward the CDCR Form 2279 with a recommendation to the SRRC for review and decision.

(2) All changes to the RPPM shall be adopted in accordance with the rulemaking requirements of the Administrative Procedure Act (Government Code sections 11340 through 11350.3) and, if applicable, Penal Code section 5058.3.

(d) The Non-Disciplinary Restricted Housing (NDRH) Personal Property Matrix (Rev. 11/23) identifies a separate list of allowable personal property afforded to incarcerated persons housed in RHU for non-disciplinary reasons as affirmed by a classification committee, and is incorporated by reference. The NDRH Personal Property Matrix shall be updated by collaboration of all Division of Adult Institutions mission-based programs no more frequently than twice yearly. All changes to the NDRH Personal Property Matrix shall be adopted in accordance with the rulemaking requirements of the Administrative Procedure Act (Government Code sections 11340 through 11350.3) and, if applicable, Penal Code section 5058.3.

(e) The Transgender Inmates Authorized Personal Property Schedule (TIAPPS) (Rev. 11/23) identifies a separate list of allowable personal property afforded to transgender incarcerated persons and incarcerated persons with symptoms of gender dysphoria as identified and documented in SOMS by medical or mental health personnel within a CDCR institution, and is incorporated by reference. The TIAPPS shall be updated through the collaboration of all mission-based programs within the Division of Adult Institutions no more frequently than twice yearly. All changes to the TIAPPS shall be adopted in accordance with the rulemaking requirements of the Administrative Procedure Act (Government Code sections 11340 through 11350.3) and, if applicable, Penal Code section 5058.3.

The following two property lists are incorporated by reference:

(1) TIAPPS -- Designated Male Institutions (Rev. 11/23). This personal property schedule applies to transgender incarcerated persons and incarcerated persons having symptoms of gender dysphoria who are housed at male institutions.

(2) TIAPPS -- Designated Female Institutions (Rev. 11/23). This personal property schedule applies to transgender incarcerated persons and incarcerated persons having symptoms of gender dysphoria who are housed at female institutions.

(f) The combined volume of state-issued and allowable personal property items shall not exceed six cubic feet, except as specifically allowed in these regulations.

(g) Upon an incarcerated person's transfer between institutions of the department, the sending institution shall inventory the incarcerated person's property and, pursuant to section 3191 ensure the proper disposition of property not allowed at the receiving institution as a result of privilege group, and/or security level, and/or institution mission changes.

(h) Incarcerated persons may acquire authorized incarcerated person packages based upon their privilege group, pursuant to section 3044. Incarcerated person packages shall be ordered by incarcerated persons or their correspondents via a departmentally-approved incarcerated person package vendor. All packages shall be shipped to the incarcerated person's institution/facility by the departmentally-approved vendor in a sealed container. Incarcerated person packages, not including special purchases, are limited to a 30-pound maximum weight limit and maximum dimensions of 24? x 24? x 24?.

(i) Incarcerated persons may possess allowable food and personal care/hygiene items, and personal clothing in their quarters/living areas, subject to section 3190(a), unless otherwise prohibited by these regulations. The total volume of canteen merchandise retained in possession of an incarcerated person shall be pursuant to section 3094. Incarcerated persons shall be required to maintain their purchase receipt to verify purchases until such items are expended.

(j) Incarcerated persons shall be restricted to only clear (see-through) personal care/hygiene items encased in clear containers or tubing based upon industry availability. An exemption shall be authorized by the institution's health care manager or chief medical officer when an exemption to the clear item and/or clear case requirement is deemed medically necessary by a physician. Such exemption shall not exceed one (1) year. If the condition persists, the incarcerated person shall submit another exemption request.

(k) Incarcerated persons shall only be permitted to possess state-issued clothing and authorized personal clothing subject to section 3190(a).

(l) Incarcerated persons shall be allowed special purchases of authorized personal property items from either departmentally-approved incarcerated person package vendors, departmentally-approved vendors of religious items, or locally-approved special purchase vendors. The institution head or designated staff shall ensure approved vendor catalogs and order forms are available to incarcerated persons who qualify. Special purchases shall only include the following:

(1) Health Care Appliances, subject to prescription by health care staff and approval by designated custody staff, shall be excluded from the six cubic foot limitation of section 3190(c).

(2) Legal Material, including legal reference material, books, and legal pads not available in the institution canteen, pursuant to section 3161. There shall be no "Approved Vendor Lists" for any legal publications. Incarcerated persons may receive legal publications from any publisher, book store or book distributor that does mail order business.

(3) Correspondence Courses, subject to approval by supervisor of correctional education programs and designated custody staff.

(4) Religious Items, as authorized by the Religious Personal Property Matrix. Special purchases of religious items will be from departmentally-approved vendors of religious items only. Departmental approval of vendors of religious items will be at the determination of the Statewide Religious Review Committee (SRRC). Departmental approval of each vendor's religious items offered for sale to be shipped to incarcerated persons shall be in accordance with the Religious Personal Property Matrix as determined by the SRRC.

(5) Handicraft Material, subject to approval by handicraft manager and designated custody staff.

(6) Entertainment Appliances, Headphones/Earbuds and Musical Instruments, subject to qualifying privilege group and/or security level/institution mission.

(7) All publications, including books and subscriptions to periodicals, subject to section 3006. There shall be no "Approved Vendor Lists" for any publications. Incarcerated persons may receive publications from any publisher, book store or book distributor that does mail order business.

(8) Network capable tablets. Incarcerated persons expressly authorized by the Secretary to possess network capable tablets are listed in the Authorized Personal Property Schedules, pursuant to subsections 3190(b)(1)-(5).

(m) Incarcerated persons may be allowed to possess appliances and one musical instrument as follows:

(1) Incarcerated persons assigned to Privilege Groups A or B may possess up to three approved appliances in their quarters/living area, facility physical plant limitations permitting, and shall not exceed the six cubic feet maximum limitation. One musical instrument with case not exceeding 46? x 24? x 12? may be substituted as one of the three appliances.

(2) Incarcerated persons assigned to Privilege Group C may not possess entertainment appliances and/or a musical instrument. Incarcerated persons placed on Privilege Group C pursuant to a disciplinary action pursuant to subsections 3314(e)(3), 3315(g)(5)(C), or classification committee action shall have the disallowed property stored at the incarcerated person's institution.

Incarcerated persons assigned to Privilege Group C by a classification committee as a result of being deemed a program failure as defined in Section 3000 who receive one or more additional Administrative or Serious Rules Violation Reports shall be required to mail out, return, donate, or dispose of disallowed property in accordance with Subsection 3191(c).

(3) Incarcerated persons assigned to a RHU or other restricted housing may possess or acquire one television or one radio or one television/radio combination unit, through the Special Purchase process, facility physical plant limitations permitting, and shall not exceed the six cubic feet maximum limitation. Incarcerated persons assigned to RHU are authorized two entertainment appliances. Eligibility to possess an entertainment appliance commences on the date of Privilege Group D assignment. An incarcerated person who is deemed to be a program failure, as defined in section 3000, based on conduct prior to or while in the RHU or other restricted housing shall have their entertainment appliance stored by the institution pending removal of program failure designation. Incarcerated persons deemed a program failure as defined in section 3000 who receive one or more additional Administrative or Serious Rules Violation Reports while assigned to program failure status shall be required to mail out, return, donate or dispose of disallowed property in accordance with subsection 3191(c). An incarcerated person who has not been deemed a program failure, but who is found guilty of any Rules Violation Report based on conduct while in the RHU or other restricted housing, is subject to temporary loss of the entertainment appliance as follows:

(1) thirty days for the first offense;

(2) sixty days for the second offense; and

(3) ninety days for the third and subsequent offenses. Incarcerated persons assigned to Privilege Group D shall not possess a musical instrument.

(4) Incarcerated persons assigned to Privilege Group U shall not possess any appliances or musical instruments.

(5) Incarcerated persons housed at conservation camps shall not possess a television or television/radio combination.

(6) An incarcerated person deemed to be a program failure, based on conduct prior to or while in the RHU or other restricted housing, shall have their maximum monthly canteen draw items limited to stationery, stationery supplies, personal hygiene, vitamins, and medications. Incarcerated persons may maintain their current canteen items, which must be verified with a current receipt. Any subsequent canteen purchases while deemed a program failure shall be limited to stationery, stationery supplies, personal hygiene, vitamins, and medication.

(n) All appliances shall be sealed by staff by covering exterior pieces of the appliance that may be used to access the interior of the appliance with hotglue.

(o) Incarcerated persons who break or tamper with the seal of an appliance(s) may be subject to disciplinary action and confiscation of the item.

(p) Incarcerated persons ordering new or replacement appliances shall be required to purchase clear-case appliances, as they become available.

(q) Incarcerated person correspondents shall be permitted to purchase appliances for qualifying incarcerated persons, including health care appliances, and Entertainment Appliances, Headphones/Earbuds and Musical Instruments, from either a departmentally-approved incarcerated person package vendor or a locally-approved special purchase vendor, pursuant to section 3044.

(r) In addition to the six cubic feet limitation of authorized property, incarcerated persons who participate in institution academic or Career Technical Educational programs shall be allowed to possess, in their quarters/living area, state provided textbooks/materials necessary to complete their education requirements. In accordance with section 3011, incarcerated persons who do not return state textbooks in serviceable condition, may be charged a replacement fee, as determined by the supervisor of correctional education programs.

(s) Incarcerated persons may acquire and possess correspondence course materials, including textbooks, in their quarters/living area as approved by the supervisor of correctional education programs and designated custody staff pursuant to limitations in section 3190(b). Correspondence courses requiring tools, construction kits, or other materials that may pose a threat to the institution's security or the safety of persons shall not be allowed.

(t) The amount charged an incarcerated person for a special purchase or incarcerated person package shall include normal taxes and a 10% service charge based upon the purchase price. Service charges shall be deposited in the Incarcerated Welfare Fund. Exception: The 10% service charge shall not be added to purchases of health care appliances, correspondence courses, nonfiction books, religious items, and legal materials.

(u) Incarcerated persons shall be permitted to possess membership cards, identification cards, or service-type cards in addition to those issued by the department in accordance with subsection 3237(c).

(v) All allowable incarcerated person property shall be inventoried, documented, and stored for incarcerated persons transferred Out-to-Medical or Out-to-Court, or placed in restricted housing, a Correctional Treatment Center, or an Outpatient Housing Unit, until the incarcerated person returns.

(w) Privilege Group A or B incarcerated persons placed in RHU shall have their property inventoried and stored pending the outcome of Initial Classification Committee review. If the incarcerated person is released to general population and maintains their Privilege Group A or B assignment, all allowable property shall be returned. If the incarcerated person is retained in RHU, all allowable property as determined by current departmental regulations shall be reissued to the incarcerated person. If the incarcerated person received a RHU term, the incarcerated person shall be required to dispose of unallowable property due to privilege group and/or security level and/or institution mission change in accordance with subsection 3191(c).

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 2086, 2601, 5006 and 5054, Penal Code; In re Alcala, Marin County Superior Court, No. 117925, December 20, 1984; Armstrong v. Davis Court Ordered Remedial Plan, Amended January 3, 2001; In re Armstrong, N.D. Cal, No. C 94-02307, March 20, 1998; and Quine v. Beard, No. C 14-02726 JST, Rhoades v. Montgomery, No. EHC01917, Taylor v. Hubbard, No. CV-00404-BAM PC, Rouser v. White Settlement Agreement, No. CV-0767-LKK-GGH(PC); and Religious Land Use and Institutionalized Persons Act, 42 U.S.C. Sections 2000cc et seq.

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 2086, 2601, 5006 and 5054, Penal Code; In re Alcala, Marin County Superior Court, No. 117925, December 20, 1984; Armstrong v. Davis Court Ordered Remedial Plan, Amended January 3, 2001, In re Armstrong, N.D. Cal, No. C 94-02307, March 20, 1998; and Quine v. Beard, No. C 14-02726 JST, Rhoades v. Montgomery, No. EHC01917, Taylor v. Hubbard, No. CV-00404-BAM PC, Rouser v. White Settlement Agreement, No. CV-0767-LKK-GGH(PC); and Religious Land Use and Institutionalized Persons Act, 42 United States Code sections 2000cc et seq.

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