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 3 - Incarcerated Person Activities
Article 1.5 - Incarcerated Person Marriages
Section 3216 - Marriages
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Incarcerated person marriages shall be permitted in accordance with the provisions of law and these regulations.
(b) The incarcerated person's marriage request shall be processed by the incarcerated person's caseworker or other staff person designated by the institution head who shall provide all necessary information to the office of the county clerk or clergyperson.
(c) Incarcerated person marriages shall be solemnized at the institution/facility by an individual authorized to solemnize marriages, as designated in Family Code Sections 400 and 402.
(d) For the purpose of this section, a chaplain shall mean those persons defined in section 3000. Institution/facility chaplains may solemnize incarcerated person marriages. Institution/facility chaplains, if designated, shall be required to process the request or facilitate a marriage. Institution/facility chaplains shall establish religious criteria to be met by the incarcerated persons and this criteria shall be provided by the chaplains to their supervisors.
(e) Attendance at a marriage ceremony shall be limited to the bride, groom, two incarcerated guests, the official solemnizing the ceremony, and ten non-incarcerated guests. Incarcerated guests may attend only if their Work Incentive Program schedules are not interrupted.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601(f) and 5054, Penal Code; and Sections 300, 350- 359, 400- 402 and 500, Family Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601(f) and 5054, Penal Code; and Sections 300, 350- 359, 400- 402 and 500, Family Code.