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 - Inmate Resources › Article 4 - Mail › Section 3138 - Indigent Inmates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon the
					 request of an indigent inmate, as defined in Section
					 3000, writing paper, envelopes, a
					 writing implement, and the postage required for five 1-ounce First-Class letters per
					 week shall be supplied. Inmates are not allowed to trade, transfer, or swap indigent
					 inmate supplies with another inmate.
(b)
					 Except as provided in subsection
					 3138(h) for mail to
					 the courts or to the Attorney General, indigent inmates may request to mail any type
					 of correspondence that weighs more than one ounce. Indigent inmates must relinquish
					 the appropriate number of indigent envelopes to either their assigned Correctional
					 Counselor or housing unit staff with the item to be mailed. If the item to be mailed
					 weighs more than five ounces, the indigent inmate must relinquish all five indigent
					 envelopes. Staff must forward the indigent envelopes with the item to be mailed to
					 the mailroom with the notation that it is to be mailed for the indigent inmate. In
					 order to facilitate this mailing, if requested, staff shall provide the indigent
					 inmate with one appropriately sized envelope.
(c) Foreign mail requiring postage in excess of
					 the minimum required for First-Class Mail shall be limited to two of the five
					 letters.
(d) Indigent envelopes issued
					 to an inmate become their property. The inmate shall be allowed to utilize the
					 envelopes regardless of current financial status. A charge shall not be placed
					 against future deposits to the inmate's trust account to recover the cost of
					 materials and postage provided, while the inmate was indigent.
(e) All inmate requests for indigent envelopes
					 shall be authorized by the Institutional Inmate Trust Account Office.
(f) Any inmate attempting to use a State issued
					 envelope intended for another inmate who is indigent shall receive progressive
					 discipline pursuant to CCR section
					 3312.
(g) Indigent inmates desiring to correspond with
					 their attorney or any other confidential correspondent shall be required to utilize
					 their weekly allotment of indigent supplies to send such correspondence.
(h) In addition to indigent writing supplies and
					 postage for the five (5) one (1) ounce letters per week, indigent inmates shall have
					 free and unlimited mail to any court or the Attorney General's Office.
(1) Upon request, institutions shall also provide
					 indigent inmates free copying of the legal documents limited to the number of copies
					 of a document required by the court, plus one copy for the opposing party and one
					 copy for the inmate's records.
(2) If
					 the case is accepted by the court, the need for future copies of legal documents and
					 necessary postage will be evaluated on a case-by-case basis.
(3) A charge shall not be placed against future
					 deposits to the inmate's trust account to recover the cost of materials, copying and
					 postage provided, while the inmate was indigent.