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 3193 - Liability

(a) In permitting incarcerated persons to possess items of personal property while they are incarcerated, the department does not accept liability for the theft, loss, damage or destruction of such property resulting from the intentional or careless act or activities of any incarcerated person. The department does not accept liability for the loss or destruction of personal property in the incarcerated person's possession or control at the time of any willful act by the incarcerated person, such as escape, which exposes such property to loss or theft before it can be recovered and controlled by staff.

(b) The department shall accept liability for the loss or destruction of incarcerated person personal property when it is established that such loss or destruction results from employee action. Incarcerated persons shall utilize the administrative remedies procedures if unable to resolve a personal property claim pursuant to section 3481. Upon acceptance of liability, the department shall provide to the incarcerated person similar items of equal or greater value when such items are available via donated property items. If donated items are not available, monetary compensation to the incarcerated person for such loss shall not exceed either the dollar value assigned to the item or items at the time the incarcerated person received authorization to possess the property; the cost of the item, verified by receipt; or the replacement value for the item or a similar item, as determined by the department. Staff recommendations to the Victim Compensation and Government Claims Board regarding monetary reimbursement will be made accordingly.

(c) The department shall not assume responsibility for property abandoned by an escapee until such time as the escape is discovered and the property is inventoried. Inventoried property shall be stored and final disposition of the property shall be pursuant to Penal Code 5062 and 5063.