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 9 - Personal Property and Religious Personal Property › Section 3193 - Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
					 permitting inmates 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 inmate. The department does not accept liability for the loss or
					 destruction of personal property in the inmate's possession or control at the time
					 of any willful act by the inmate, 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 inmate personal property when it is established that such
					 loss or destruction results from employee action. Inmates 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 inmate 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 inmate for such loss shall not exceed either
					 the dollar value assigned to the item or items at the time the inmate 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.
1. New section
						filed 5-13-77: effective thirtieth day thereafter (Register 77, No.
						20).
2. Amendment filed 9-30-77; effective thirtieth day thereafter
						(Register 77, No. 40).
3. Amendment filed 8-18-78; effective thirtieth
						day thereafter (Register 78, No. 33).
4. Repealer and new section filed
						10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
5.
						Amendment of section and NOTE filed 5-27-2004 as an emergency; operative 5-27-2004
						(Register 2004, No. 22). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency
						language will be repealed by operation of law on the following day.
6.
						Certificate of Compliance as to 5-27-2004 order transmitted to OAL 10-28-2004 and
						filed 12-14-2004 (Register 2004, No. 51).
7. Amendment of subsection (b)
						filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51).
						Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency
						language will be repealed by operation of law on the following day.
8.
						Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and
						filed 7-28-2011 (Register 2011, No. 30).
9. Amendment of subsection (b)
						filed 3-25-2020 as an emergency; operative 6-1-2020 (Register 2020, No. 13).
						Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency
						language will be repealed by operation of law on the following day.
10.
						Emergency filed 3-25-2020 and operative 6-1-2020 extended 60 days pursuant to
						Executive Order N-40-20 and an additional 60 days pursuant to Executive Order
						N-66-20 (Register 2020, No. 42). A Certificate of Compliance must be transmitted to
						OAL by 3-9-2021 or emergency language will be repealed by operation of law on the
						following day.
11. Amendment of subsection (b) refiled 2-25-2021 as an
						emergency; operative 3-10-2021 (Register 2021, No. 9). Emergency expiration extended
						60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order
						N-71-20). A Certificate of Compliance must be transmitted to OAL by 10-8-2021 or
						emergency language will be repealed by operation of law on the following
						day.
12. Amendment of subsection (b) refiled 10-4-2021 as an emergency;
						operative 10-8-2021 pursuant to Government Code section
						11346.1(d)
						(Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by
						1-6-2022 pursuant to Government Code section
						11346.1(h)
						or emergency language will be repealed by operation of law on the following
						day.
13. Certificate of Compliance as to 10-4-2021 order transmitted to
						OAL 12-7-2021 and filed 1-5-2022 (Register 2022, No. 1).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  2085,
						  2600,
						  2601,
						  5062 and
						  5063, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.