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 3191 - Property Registration and Disposition

Universal Citation: 15 CA Code of Regs 3191

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

(a) Registerable personal property must be registered under the incarcerated person's name and number in the institution's incarcerated person property records.

(b) Incarcerated persons are required upon request by institution staff to properly account for all registerable personal property registered in their name and number. An incarcerated person's failure to possess or properly account for personal property registered in the incarcerated person's name and number, or possession of property which is not registered in the incarcerated person's name and number will be cause for disciplinary action, including confiscation of the unregistered property. In all instances of confiscation, every reasonable effort will be made to determine the rightful owner of the property. The property will be returned to its rightful owner unless, as the result of disciplinary action for misuse of property, the incarcerated person's approval to possess the property is rescinded.

(c) Incarcerated person personal property not meeting the criteria in section 3190, shall be disposed of in accordance with this section. An incarcerated person shall select one of the methods listed in sections 3191(c)(1) through 3191(c)(5) below for disposing of non-allowable personal property which is unauthorized pursuant to subsection (b) and section 3190. If the incarcerated person makes no selection or has insufficient funds, staff shall document that fact and determine the method of disposition. Property that is considered contraband pursuant to section 3006(a) or (c) shall be retained by staff as may be required by ongoing investigation or court order. Following the completion of all disciplinary, investigative, or court requirements, the contraband property shall be disposed of according to institutional/facility procedures.

(1) Mail the item to an address of an individual willing to accept the personal property, provided by the incarcerated person, via USPS or common carrier at the incarcerated person's expense. This option is not available for incarcerated persons with insufficient trust account funds.

(2) Return the item to the sender via USPS or common carrier at the incarcerated person's expense. This option is not available for incarcerated persons with insufficient trust account funds.

(3) Donate the item to a charitable organization as designated by the institution/facility.

(4) Donate the item to the institution/facility.

(5) Render the item useless and dispose of it according to institution/facility procedures.

(d) Incarcerated persons shall not send personal property to any state agency or agent of the state. Failure to comply may result in disciplinary action, and confiscation and/or disposal of the property.

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 2601 and 5054, Penal Code.

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 2601 and 5054, Penal Code.

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