Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
For purposes of this section:
(1) An
"emergency call" means a telephone call regarding the serious illness or
injury, or the death of an incarcerated person's immediate family
member.
(2) A "confidential call"
means a telephone call between an incarcerated person and their attorney which
both parties intend to be private.
(3) An "incarcerated person telephone" means
a telephone designated solely to accommodate incarcerated person-originated
nonconfidential personal calls.
(4)
An "intrafacility telephone" means a telephone which is not capable of
direct-dial connections to telephones outside of the facility.
(5) A "prison telephone" means a telephone
that is capable of outside access and is not monitored or
recorded.
(b) Facilities
shall provide incarcerated person telephones for use by incarcerated persons
consistent with their assigned privilege group. Incarcerated persons may place
collect telephone calls to persons outside the facility at designated times and
on designated telephones, as set forth in local procedures. Limitations may be
placed on the frequency and length of such calls based on the incarcerated
person's privilege group as outlined in section
3044, and to ensure equal access.
Telephone calls requiring the use of a Telecommunication Device for the Deaf
(TDD) or voice relay service shall have extended time scheduled due to the time
delay which results from the TDD relay process.
(c) An incarcerated person shall not:
(1) Use an intrafacility telephone except as
specifically required or authorized by staff.
(2) Use a telephone capable of direct-dial
connection with a public telephone system, except as authorized by
staff.
(3) Charge a call to a
credit card.
(4) Place a third
party call.
(5) Ask the operator
for an emergency interruption.
(6)
Place a call to an "800," "900," "976," "911," "411," or other special service
number. Incarcerated persons that have a verified need to utilize the (1-800)
TDD or relay service shall notify the correctional staff to facilitate the
(1-800) TDD call.
(7) Place a call
to an incarcerated person at any other facility.
(8) Place calls to victims, peace officers,
or other persons who have made an official written request not to receive
telephone calls.
(9) Knowingly
participate in a forwarded, transferred, or three-party call on an incarcerated
person telephone.
(d)
Except as provided in this section, no limitation shall be placed on the
identities or relationships of persons to whom an incarcerated person may place
a collect call.
(e) All
incarcerated person calls placed on intrafacility and incarcerated person
telephones may be subject to monitoring and recording at any time by
institution staff.
(f) A
conspicuous notice in English and Spanish shall be posted at each incarcerated
person telephone capable of recording and monitoring stating in both languages:
All numbers dialed and conversations on this telephone may be recorded and may
be monitored without any further notice. By using this telephone, you agree to
the monitoring and recording. It is your responsibility to notify the person
called that their conversation and telephone number may be monitored and will
be recorded." Staff who authorize an incarcerated person to use an unposted
telephone for a nonconfidential call shall inform that incarcerated person
before the call is made regarding the notice of monitoring/recording
requirement.
(g) If staff
designated by the institution head determine that an incoming call concerns an
emergency or confidential matter, the caller's name and telephone number shall
be obtained and the incarcerated person promptly notified of the situation. The
incarcerated person shall be permitted to place an emergency or confidential
call either collect or by providing for the toll to be deducted from the
incarcerated person's trust account. A confidential call shall not be made on
an incarcerated person telephone and shall not be monitored or recorded. If a
call is determined to be an attorney and incarcerated person confidential phone
call, in order for the incarcerated person to place or receive the call it must
have already received approval or clearance in accordance with subsections
(g)(1), (g)(2) and (g)(4).
(1) Confidential
calls may be approved on a case-by-case basis by the institution head or
designee, upon written request from an attorney on the attorney's office
letterhead stationery. The request shall be made by written request via U. S.
Postal Service or facsimile to the Institution Litigation Coordinator or
designee. To obtain approval/clearance, the attorney shall provide in writing
the following personal and professional information:
(A) Name,
(B) Mailing address,
(C) Date of Birth,
(D) Valid driver's license or state-issued
identification card number.
(E)
Proof of current registry and good standing with a governing bar association,
and
(F) Indication of the
jurisdiction(s) licensed to practice law. If the requesting attorney wishes to
have a representative conduct the confidential phone call, the attorney
representative must provide all applicable information listed above in addition
to the attorney submitting their information. Refer to Title 15, subsection
3178(c)(1) for
attorney representative criteria.
(2) Requesting attorney/attorney
representative shall report any prior felony convictions or pending arrest
dispositions, describe and explain any prior suspension or exclusion from a
correctional facility, and declare under penalty of perjury one or more of the
following:
(A) They are the named
incarcerated person's attorney either by appointment by the court or at the
incarcerated person's request,
(B)
They have been requested by a judge to interview a named incarcerated person
for purposes of possible appointment as counsel by the same court,
(C) They are requesting to call a named
incarcerated person who may be a witness directly relevant to a legal process,
purpose, or proceeding,
(D) They
are seeking to interview a named incarcerated person, at the request of the
incarcerated person, for the purpose of representation of the incarcerated
person in a legal process, for a legal purpose or in a legal proceeding,
and
(E) They have been requested by
a third party to consult with the named incarcerated person when the
incarcerated person cannot do so because of a medical condition, disability or
other circumstance.
(3)
Any false statement or deliberate misrepresentation of facts specific to the
information required in subsection (g)(2) shall be grounds for denying the
request or cause for subsequent suspension or exclusion from all
institutions/facilities administered by the department.
(4) Upon receipt of the information specified
in (g)(1), a California law enforcement telecommunications system (CLETS) check
of the attorney/attorney representative through the Department of Justice and
verification of the attorney's credential through the governing state bar will
be conducted. Once the clearance and state bar verification have been obtained
and approved the attorney shall be contacted to schedule the confidential
telephone call with the specified incarcerated person. Attorneys and attorney
representatives shall immediately report to the Institution Litigation
Coordinator any change in personal or professional information, arrest history
and or pending dispositions and declarations made in subsections (g)(1) and
(g)(2) to retain their approval/clearance. In addition, a CLETS check will be
conducted at least annually and as needed based on changes provided to the
above listed information or information from any source that such changes had
occurred.
(5) The date, time,
duration, and place where the incarcerated person will make or receive the
call, and manner of the call are within the discretion of the institution head,
except as restricted herein. A confidential call from an incarcerated person
shall be placed as a collect call or by providing for the toll to be deducted
from the incarcerated person's trust account and made from a prison telephone
or, with appropriate authentication of the caller, may be received from an
attorney.
(6) It is within the
discretion of the institution head, or their designee, to approve or deny a
confidential call. As long as the attorney/client communication privilege is
not violated, a confidential call may be denied where the institution head, or
their designee, determines that normal legal mail or attorney visits were
appropriate means of communication and were not reasonably utilized by the
incarcerated person or attorney. Where demand for confidential calls seriously
burdens institutional operations, the institution head, or their designee,
shall prioritize confidential calls.
(7) Emergency calls on prison telephones
between an incarcerated person and clergy, other religious advisors, or health
care professionals shall be approved or denied on a case-by-case basis by staff
designated by the institution head.
(8) Approved attorneys, approved attorney
representatives, and confidential phone call applicants still pending approval
may file a complaint regarding departmental policies, local procedures, or
staff decisions related to confidential phone calls with the Warden or other
official responsible for that housing unit.
(h) Telecommunication Device for the Deaf
(TDD) telephones shall be made available to incarcerated persons with a
documented severe hearing impairment for personal, emergency, and confidential
calls, which shall be subject to the provisions of this section.
(1) Assistive device telephones and
additional time on telephones may be necessary to provide accommodations for
incarcerated persons and their callers with disabilities.
(2) The facility shall provide for the
procedures necessary to ensure effective telephone communications for
incarcerated persons with disabilities and/or the disabled person(s) with whom
they are communicating.
(i) All calls made on incarcerated person
telephones shall have an announcement before and at random intervals during the
calls stating that the call is from an incarcerated person at a California
state correctional facility and is being recorded.
Note: Authority cited: Section
5058, Penal
Code. Reference: Section
5054, Penal
Code.
Note: Authority cited: Section
5058, Penal
Code. Reference: Section
5054, Penal
Code.
