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 6 - Legal Documents › Section 3165 - Mailing Legal Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The mailing
					 of legal documents to courts and claims to the Department of General Services,
					 Office of Risk and Insurance Management (DGS ORIM) is the inmate's responsibility.
					 Mail designated by the inmate as legal mail will be delivered to the facility mail
					 room for inspection, pursuant to Sections
					 3144 and
					 3145, and mailing in accordance with
					 local facility mail procedures. The mail room shall maintain a current address list
					 of federal, state, county, appellate, and district courts. The mail room will send
					 mail out each working day.
(b) With each
					 transmittal of mail to a court or claim filed with the DGS ORIM requiring the
					 addition of postage, the inmate must submit a signed CDC Form 193, Trust Account
					 Withdrawal Order. The mail room will remove the trust account withdrawal order,
					 enter the amount of postage required, and forward the order to the trust office for
					 processing. Mail addressed to a court or claims addressed to the DGS ORIM will be
					 posted on the inmate's CDC Form 119, Mail Record.
(c) Notarization of legal documents shall be
					 available at all institutions. The inmate shall pay the established notary fee for
					 such service unless the inmate is indigent as defined in Section
					 3000. When the inmate requests
					 notarization, they shall indicate which document they request to have
					 notarized.
(d) The cost of postage for
					 mailing documents to the courts shall be charged against an inmate's trust account
					 unless the inmate is indigent at the time the documents are submitted for
					 mailing.
1. Amendment
						filed 9-30-77; effective thirtieth day thereafter (Register 77, No.
						40).
2. New subsection (d) filed 4-18-80; effective thirtieth day
						thereafter (Register 80, No. 16).
3. Amendment filed 10-7-82; effective
						thirtieth day thereafter (Register 82, No. 41).
4. Amendment of
						subsections (a) and (b) and amendment of NOTE filed 11-18-96; operative 12-18-96
						(Register 96, No. 47).
5. Amendment of subsection (d) filed 11-24-2009;
						operative 12-24-2009 (Register 2009, No. 48).
6. Change without
						regulatory effect amending subsections (a) and (b) filed 1-8-2014 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2014, No. 2).
7. Amendment of section and NOTE
						filed 9-17-2020; operative 1-1-2021 (Register 2020, No. 38). Filing deadline
						specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
						calendar days pursuant to Executive Order N-66-20.
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5007.7, Penal Code;
						  and In re Jordan, 7 Cal. 3rd 930 (1972).
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.