reglab/statecodes huggingface dataset:
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 3160 - Inmate Access to Courts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Inmate
					 access to the courts shall not be obstructed. Staff shall assist illiterate inmates
					 or those physically incapable of preparing forms adopted under rules of the United
					 States courts and the Judicial Council of California for petitions for habeas corpus
					 or modification of custody if such an inmate requests assistance. Staff shall not in
					 any way retaliate against or discipline any inmate for initiating or maintaining a
					 lawsuit.
(b) In addition to any other
					 court costs, filing fees, or procedures, an inmate initiating a state civil action
					 shall pay a three-dollar ($3) filing fee to the Department.
(1) Civil actions are defined as any non-criminal
					 actions. For the purposes of this regulation,
habeas corpus
actions
					 are not considered civil actions.
(2)
					 The filing fee shall be charged against the inmate's trust account.
(3) If the inmate is without sufficient funds at
					 the time of the charge, the civil action shall be allowed to be transmitted to the
					 courts, and the inmate shall not be charged for any remaining balance of the filing
					 fee.
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 3161 - Inmate-Owned Legal Materials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Inmate-owned
					 legal materials, documents, law books, and papers shall be limited to the
					 availability of space authorized by section
					 3190(b) for personal
					 property in the inmate's quarters or living area, except as specified in this
					 section. Inmates may possess up to one cubic foot of legal materials or documents
					 related to their active cases, in addition to the six cubic feet of allowable
					 property in their assigned quarters or living area. Legal materials, documents, law
					 books, and papers in excess of this limitation shall be disposed of pursuant to
					 section 3191(c). Inmates may
					 request the institution or facility store excess legal materials or documents
					 related to their active cases(s) when such materials/documents exceed this one cubic
					 foot additional allowance. Inmate-owned law books in excess of the additional
					 allowance shall not be stored by the institution or facility. Institutions or
					 facilities shall provide for the storage of excess legal materials, law books, or
					 documents related to the automatic appeal of the conviction resulting in the
					 sentence of death of condemned inmates.
Note: Authority cited: Section 5058, Penal Code. Reference:
						  Section 5054, Penal Code.
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
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 3162 - Legal Forms and Duplicating Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Legal
					 duplication services may be provided to inmates for the purposes of initiating or
					 maintaining a court action. The printed forms required by state and federal courts
					 shall be made available to inmates. An inmate shall be required to pay for the
					 duplication of printed forms and other written or typed materials, and for any
					 special paper and envelopes required for mailing to the courts so long as the inmate
					 has more than $25.00 in his or her trust account or the inmate has attorney
					 representation for the court action. An indigent inmate as defined in Section
					 3000, who is without attorney
					 representation for the court action, may receive legal duplicating services without
					 charge subject to subsection (c).
(b) A
					 legal document to be duplicated for any inmate, including all exhibits and
					 attachments, shall be limited to the maximum number of pages needed for the filing,
					 not to exceed 50 pages in total length, except when necessary to advance litigation.
					 The inmate shall provide to designated staff a written explanation of the need for
					 excess document length.
(c) Subject to
					 the length requirements of subsection
					 3162(b), an indigent
					 inmate who does not have attorney representation may receive duplication services
					 without charge for the following legal documents to a court:
(1) Petition for a writ of habeas
					 corpus.
(2) Traverse, Reply Pleading,
					 and other documents in support of a petition for writ of habeas corpus, as
					 authorized by the court or as required by statute or court rule.
(3) Appeal from the denial of a writ of habeas
					 corpus.
(4) Summons and Complaint for a
					 civil action.
(5) Documents in support
					 of a civil action, as authorized by the court or as required by statute or court
					 rule.
(6) Petition for a hearing in an
					 appellate court.
(7) Appellant's Brief,
					 Reply Brief, and other documents in support of an appeal, as authorized by the court
					 or as required by statute or court rule.
(8) Petition for a writ of certiorari to the
					 Supreme Court.
(9) Motion to proceed
in forma pauperis
(as an indigent person).
(10) Additional documents that are necessary to
					 advance litigation. The inmate shall provide to designated staff a written
					 explanation of the need for additional documents.
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 3163 - Assisting Other Inmates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
One inmate may assist another in the preparation of legal
						documents, but shall not receive any form of compensation from the inmate assisted.
						Legal papers, books, opinions and forms being used by one inmate to assist another
						may be in the possession of either inmate with the permission of the owner. All
						papers must be returned to the respective owners when either inmate is transferred
						to another institution or when other administrative action prevents direct
						communications between the inmates. An inmate may be barred from giving legal
						assistance to other inmates when violations of regulations and established
						procedures relate directly to such activities. An inmate will not be barred from
						giving or receiving legal assistance for violations of regulations and procedures
						which are unrelated to providing or receiving legal assistance. However, no
						otherwise prohibited contacts or access to prohibited areas will be permitted
						because of this regulation.
1. Amendment
						filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
						9).
2. Amendment filed 10-7-82; effective thirtieth day thereafter
						(Register 82, No. 41).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Johnson v. Avery, 89 S. Ct. 747 (1969).
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
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 3164 - Restricted Housing Unit Access

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Inmates
					 confined in a Restricted Housing Unit (RHU) for any reason will not be limited in
					 their access to the courts.
(b) During a
					 period of disciplinary detention, as described in Section
					 3330, legal resources may be limited to
					 pencil and paper which will be provided upon request for correspondence with an
					 attorney or the preparation of legal documents for the courts. Other legal material
					 in the inmate's personal property may be issued to an inmate in disciplinary
					 detention if litigation was in progress before the inmate's placement in
					 disciplinary detention and legal due dates are imminent.
(c) Inmates who are housed in any restricted unit
					 and who are not serving a period of disciplinary detention may possess and have
					 access to any legal resource material available to the general population and may
					 assist each other in their legal work to the extent compatible with institution
					 security. For the purpose of this subsection, restricted units include reception
					 centers, institution reception or orientation units, controlled housing and RHU as
					 defined in section
					 3000.
(d) An inmate in a restricted housing unit may
					 have access to an inmate law library subject to the provisions of section
					 3123.
Note: Authority cited: Section 5058, Penal Code. Reference:
						  Section 5054, Penal Code.
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
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 7 - Visiting › Section 3170 - General Visiting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) These
					 regulations are made in recognition and consideration of the value of inmate
					 visitation as a means of increasing safety in prisons, maintaining family and
					 community connections, and preparing inmates for successful release and
					 rehabilitation. It is the intent of these regulations to establish a visiting
					 process in the institutions/facilities of the department that is conducted in as
					 accommodating a manner as possible, subject to the need to maintain order, the
					 safety of persons, the security of the institution/facility, and required prison
					 activities and operations.
(b) The
					 privacy of inmates and their visitors shall be respected subject to the need to
					 verify the identity of an inmate or visitor; enforce laws, regulations, and
					 procedures; and/or ensure the safety of persons and institution/facility security.
					 Video-recording devices may be utilized in visiting areas, excluding family visiting
					 units or confidential attorney consultation areas.
(c) Visits with inmates may, without prior
					 notification, be terminated, temporarily suspended, or modified in response to an
					 institution/facility emergency as determined by the institution head or designee.
					 Emergency modifications of the visiting schedule shall be posted at the
					 institution/facility as soon as practical and will be included in the automated
					 telephonic visiting information system.
(d) Devices that do not allow physical contact
					 between inmates and visitors shall not normally be used, except as provided in
					 section 3170.1 or as necessary in the following
					 circumstances:
(1) Physical contact with a
					 visitor(s), or with other inmates, will seriously endanger the safety of persons or
					 the security of the institution/facility,
(2) As a temporary measure for willful failure or
					 refusal to abide by visiting regulations.
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 7 - Visiting › Section 3170.1 - General Visiting Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Visiting is
					 permitted only in designated areas and at designated times.
(b) Inmates shall not be permitted to visit during
					 the hours of their assignment to work, training, Career Technical Education program
					 and/or academic education, except as provided in section
					 3045.2.
(c) No limitations shall be placed on the number
					 of visitors approved to visit an inmate. However, limitations on the length and
					 frequency of visits may be imposed to avoid overcrowding or the inequitable
					 allocation of visiting time or for other reasons as provided in section
					 3176.
(1) An inmate shall not be permitted a contact
					 visit with more than five persons, including minors, at the same time. Groups of
					 visitors in excess of five may be accommodated only once per visit by means of
					 rotation through the visiting area. Such rotation shall be considered a single visit
					 in the event it is necessary to terminate a visit in progress in accordance with
					 3176(a)(9) and (10).
(2) An inmate shall
					 not be permitted a non-contact visit with more than three persons, including minors,
					 at the same time. Groups of visitors in excess of three may be accommodated only one
					 per visit by means of rotation through the visiting area. Such rotation shall be
					 considered a single visit in the event it is necessary to terminate a visit in
					 progress in accordance with 3176(a)(9) and (10).
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 7 - Visiting › Section 3170.5 - Child Victim Visiting Restrictions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 8-12-93; as an emergency; operative 8-12-93 (Register 93, No. 33). A
						Certificate of Compliance must be transmitted to OAL by 12-10-93 or emergency
						language will be repealed by operation of law on the following day.
2.
						Certificate of Compliance as to 8-12-93 order including amendments transmitted to
						OAL 11-20-93 and filed 1-11-94 (Register 94, No. 2).
3. Repealer filed
						2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  1202.05,
						  5054 and
						  5054.2, Penal Code;
						  and Section
						  362.6,
						  Welfare and Institutions Code.
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 7 - Visiting › Section 3171 - Visiting Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 institution head shall maintain visiting procedures for inmate visiting at each
					 institution/facility. All local visiting procedures must conform to and shall not
					 conflict with the rules and regulations set forth in this article. The degree of
					 informality of inmate visiting will be consistent with the security requirements of
					 each institution/facility.
(b) Inmates
					 shall be informed of local visiting procedures and shall be given a written summary
					 of all rules, regulations and procedures governing visiting at the
					 institution/facility. Additional copies shall be readily available for inmates to
					 give or send to their visitors. The written summary shall include the
					 institution/facility visiting schedule. This same summary will be conspicuously
					 displayed in all public entrances to the institution/facility and will be available
					 to any interested person. Institutions/facilities shall have the visiting days and
					 hours, as well as appropriate dress standards, clearly published in the visiting
					 centers and in the visitor processing area.
(c) Inmates may refuse to see a visitor. Such
					 refusal shall not result in removal of the visitor from the inmate's visitor list.
					 To remove a visitor from their approved visitor list, inmates shall submit a written
					 request to the visiting staff. After six months, the inmate may make a written
					 request to have the visitor placed back on their approved visitor list. At this
					 time, the visitor shall reapply for approval to visit by submitting a visiting
					 questionnaire.
1. Amendment of
						subsection (b) filed 8-27-82; effective thirtieth day thereafter (Register 82, No.
						35).
2. Repealer and new section filed 2-18-2003; operative 3-20-2003
						(Register 2003, No. 8).
3. Change without regulatory effect amending NOTE
						filed 5-22-2003 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2003, No. 21).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  2080,
						  2086,
						  2930 and
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
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 7 - Visiting › Section 3172 - Applying to Visit an Inmate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It is the
					 inmate's responsibility to forward a visiting questionnaire to any prospective
					 visitor.
(b) All adults seeking to visit
					 an inmate shall provide a completed visiting questionnaire and obtain
					 institution/facility approval before they may be permitted to visit with an inmate.
(1) An emancipated minor shall apply as an adult
					 visitor, and shall provide a certified copy of the court order granting
					 emancipation.
(2) A minor legal spouse
					 of an inmate may apply to visit the inmate as an adult visitor with a certified copy
					 of their marriage license.
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 7 - Visiting › Section 3172.2 - Minimum Visiting Days and Hours

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
					 institution/facility shall provide visiting for no less than 12 hours per week. Any
					 reduction of an institution/facility visiting schedule below 12 hours shall require
					 the prior approval of the Secretary or designee. Regular visiting days shall be
					 consecutive and include Saturday and Sunday.
(b) Each institution head shall develop an
					 operational supplement that includes the respective visiting schedules as follows:
(1) Regular Visiting Days: Four days (Thursday
					 through Sunday); or Three days (Friday through Sunday); or Two days (Saturday and
					 Sunday); and
(2) Holiday Visiting Days:
					 New Year's Day; Independence Day; Thanksgiving Day; Christmas Day.
(3) Visiting Appointments: The
					 institution/facility shall specify procedures and criteria for scheduling visiting
					 appointments for non-contact visits in accordance with the provisions of this
					 article.
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 7 - Visiting › Section 3173 - Processing of Approved Visitors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Approved
					 visitors shall complete a visitor pass upon their arrival at the
					 institution/facility visitor processing center and their approval to visit shall be
					 verified.
(b) All adult visitors shall
					 present picture identification before being permitted to visit. For each minor, a
					 certified record of birth (official birth certificate, or county embossed abstract
					 of birth) shall be presented during each visit.
(c) Acceptable proof of picture identification for
					 visitors may be, but is not restricted to, the following valid documents:
(1) Driver's license with picture,
(2) Department of Motor Vehicles identification
					 card with picture,
(3) Picture
					 passport,
(4) Armed forces
					 identification card with picture,
(5)
					 Picture identification cards issued by the United States Department of
					 Justice--Immigration and Naturalization Service, or
(6) Picture identification issued by the Mexican
					 Consulate.
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 7 - Visiting › Section 3173.1 - Visiting Restrictions with Minors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For inmates
					 convicted of Penal Code (PC) Section(s) 261, 264.1, 266c, 269, 285, 286, 288, 288a,
					 288.5, or 289 when the victim is a minor, visitation with the minor victim shall be
					 prohibited, except as authorized by an order of the juvenile court pursuant to
					 Welfare and Institutions Code Section
					 362.6.
					 Visitation pursuant to such an order shall be limited to non-contact
					 status.
(b) For inmates convicted of PC
					 Section(s) 261, 264.1, 266c, 285, 286, 288, 288a, 288.5, or 289 when the victim is a
					 minor, visitation with any minor who is not the victim of the crime shall be limited
					 to non-contact status except as authorized by the Institution Classification
					 Committee.
(c) For inmates convicted of
					 PC Section(s) 273a, or 273d, visitation with the minor victim shall be limited to
					 non-contact status.
(d) For inmates
					 convicted of violating PC Section(s) 187, 269, 273a, 273ab, or 273d, when the victim
					 is a minor, visitation with any other minor shall be limited to non-contact status
					 except as authorized by the Institution Classification Committee.
(e) When an inmate has been arrested, but not
					 convicted, of any crime involving a minor victim included in this Section, a
					 classification committee shall determine whether all visitation with a minor(s) is
					 to be limited to non-contact status.
Unless otherwise prohibited, the inmate's visiting status
						shall be unrestricted until a classification committee has done the
						following:
(1) Made a case-by-case
					 determination whether the inmate poses a threat of harm to minor visitors in contact
					 visitation.
(2) Considered the
					 circumstances of the misconduct involving a minor victim in determining whether the
					 inmate poses a threat of harm to minor visitors in contact visitation. In making its
					 determination, the classification committee shall consider, but is not limited to,
					 arrest reports, probation officer reports, court transcripts, parole revocation
					 transcripts.
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 7 - Visiting › Section 3174 - Standards of Dress for Inmate Visitors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Visitors are
					 expected to dress appropriately and maintain a standard of conduct during visiting
					 that is not offensive to others. Consistent with the goal of making visiting a safe,
					 positive, constructive time for families and staff, the following standards shall
					 apply:
(1) Visitors shall remain fully clothed at
					 all times in the visiting room.
(2)
					 Appropriate attire includes undergarments; a dress or blouse/shirt with skirt/pants/
					 or shorts; and shoes or sandals.
(3) For
					 security reasons, no brassiere will have metal underwires.
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 7 - Visiting › Section 3175 - Standards of Conduct for Inmates and Their Visitors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Inmates and
					 visitors shall comply with all laws, regulations, and institution/facility
					 procedures. Any violation may result in denial, termination, suspension,
					 restriction, or revocation, of visiting as described in section
					 3176.
(b) Accompanying adults shall ensure that minors
					 remain under their constant control and supervision.
(c) Nursing mothers shall be discreet and covered
					 when breast-feeding their children in the visiting area. Failure to do so shall
					 result in termination of visiting for that day.
(d) Inmates and their visitors may hold
					 hands.
(e) At the beginning and end of
					 each visit, inmates and their visitors may briefly embrace and/or kiss.
(f) An inmate may hold his or her minor children.
					 Inmates may also hold minor children accompanied by an adult.
(g) Except as provided in this section, no other
					 bodily contact shall be permitted.
1. Amendment of
						subsections (h) and (i) filed 9-30-77; effective thirtieth day thereafter (Register
						77, No. 40).
2. Amendment filed 8-23-82; effective thirtieth day
						thereafter (Register 82, No. 35).
3. Amendment of subsection (g)(1) filed
						2-7-83 as an emergency; effective upon filing (Register 83, No. 7).
4.
						Order of Repeal of 2-7-83 emergency order filed 2-10-83 by OAL pursuant to
						Government Code Section
						11349.6
						(Register 83, No. 7).
5. Repealer and new section filed 2-18-2003;
						operative 3-20-2003 (Register 2003, No. 8).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
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 7 - Visiting › Section 3176.2 - Violation of State Law on Institution/Facility Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any violation of state law, misdemeanor, or felony committed
						on institution/facility grounds or property by a visitor may be referred to
						prosecuting authorities.
(a) Upon
					 determination by the official in charge of visiting that a violation of state law
					 has occurred, the visitor's access to the visiting program shall be suspended
					 pending investigation, prosecution, and service of any sentence ordered by the
					 court.
(1) If the individual is not prosecuted, or
					 upon completion of any court ordered sentence, approval to visit shall be
					 reconsidered upon the visitor's written request.
(2) If a court finds the individual not guilty, a
					 prior approval to visit shall be reinstated upon written request of the
					 visitor.
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 7 - Visiting › Section 3176.3 - Exclusion of a Person from Institutions/Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The term
					 "exclusion" as used in this article describes an administrative action by the
					 director or institution head to bar, for cause, a person from entering
					 institutions/facilities of the department, when that person would otherwise be
					 permitted to enter. The director may delegate the authority for exclusion no lower
					 than the rank of deputy director. The institution head may delegate the exclusion
					 authority not lower than the chief deputy warden. Any person, including employees of
					 the department, attorneys, attorney representatives, representatives of the news
					 media, and delivery persons, may be excluded. The exclusion of a person is effected
					 by issuance of an exclusion order.
(b)
					 Exclusion orders shall be issued only when the director or institution head
					 determines one or more of the following:
(1) The
					 person's presence in the institution/facility presents a serious threat to
					 security.
(2) The person is charged with
					 a felony.
(3) The person is under
					 investigation for a felony committed on institution/facility property.
(4) The person's purpose for entering an
					 institution/facility is no longer valid or has been lawfully terminated.
(5) The person has committed any offense described
					 in subsection 3178(s)(3) for which
					 exclusion is an appropriate penalty.
(6)
					 The person has violated subsection
					 3176(c)(3) for which
					 exclusion is an appropriate penalty.
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 7 - Visiting › Section 3176.4 - Restriction, Revocation or Suspension of an Inmate's Visits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Designated
					 staff, not below the rank of correctional lieutenant or parole agent II, may
					 temporarily impose non-contact visiting restrictions as a necessary security measure
					 for an inmate who is pending a serious disciplinary hearing for the distribution
					 and/or possession/control of a controlled substance, possession of money or other
					 dangerous contraband that has been introduced into the institution/facility, or for
					 other violations related to visiting.
(b) Pursuant to section
					 3314, a hearing officer conducting an
					 administrative rules violation hearing may restrict an inmate's visiting privileges
					 for up to 30 days when the inmate is found guilty of visiting related
					 misconduct.
(c) Upon a finding of guilt
					 of a drug related offense, as described in subsections
					 3323(c)(6) and/or
					 3323(d)(7), the official conducting a disciplinary hearing, shall suspend and
					 restrict an inmate's visiting privileges pursuant to subsections
					 3315(g)(5)(H) and
					 3315(g)(5)(I).
(d) Pursuant to section
					 3315, the official conducting a
					 disciplinary hearing may suspend or restrict an inmate's visiting privileges for up
					 to 90 days, when the inmate is found guilty of any of the following serious rule
					 violations:
(1) Possession of $5.00 or more without
					 authorization.
(2) Visiting related
					 violations presenting a threat as described in section
					 3315(a)(2).
(3) Serious or repeated violations of visiting
					 regulations or procedures.
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 7 - Visiting › Section 3178 - Attorney Visitations and Consultation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 provisions of this section apply to any attorney or legal service organization as
					 identified in section
					 3141(c)(8) authorized
					 to practice law in California, another state, or the District of Columbia.
(b) A private consultation between an inmate and
					 his or her attorney or attorney representative is known as an attorney visit.
					 Attorney visits shall be conducted in a confidential area specified by the
					 institution/facility. Attorney visiting shall normally be accommodated during the
					 institution/facility regularly scheduled visiting days and hours. Where regular
					 visiting is scheduled on both weekdays and weekends, the scheduling preference will
					 be on weekdays because of the personnel and resources needed for the greater volume
					 of weekend visits by friends and relatives.
(1)
					 When an institution/facility visiting schedule only provide(s) for visiting on
					 weekends an attorney visit shall be scheduled during normal weekday business hours
					 upon written request of the attorney or attorney representative.
(2) The institution head or the official in charge
					 of visiting has the discretion to authorize a contact attorney visit for an inmate
					 on non-contact visiting status.
(3) If
					 an attorney, or attorney representative, does not desire private accommodations, the
					 attorney or attorney representative may visit the inmate on any scheduled visiting
					 day and shall be provided the same accommodations including the schedule, as a
					 regular visitor.
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 7 - Visiting › Section 3182 - Minimum Visiting Days and Hours. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 1-13-93 as an emergency; operative 1-13-93 (Register 93, No. 3). A Certificate
						of Compliance must be transmitted to OAL 5-13-93 or emergency language will be
						repealed by operation of law on the following day.
2. New section refiled
						5-21-93 as an emergency; operative 5-21-93 (Register 93, No. 21). A Certificate of
						Compliance must be transmitted to OAL by 9-20-93 or emergency language will be
						repealed by operation of law on the following day.
3. Certificate of
						Compliance as to 5-21-93 order transmitted to OAL 9-14-93; disapproved by OAL on
						10-13-93 (Register 93, No. 42).
4. New section refiled 10-14-93 as an
						emergency; operative 10-14-93 (Register 93, No. 42). A Certificate of Compliance
						must be transmitted to OAL by 2-11-94 or emergency language will be repealed by
						operation of law on the following day.
5. Editorial correction adding
						HISTORY 2 (Register 93, No. 42).
6. New section refiled 3-9-94; operative
						3-9-94 (Register 94, No. 10).
7. Change without regulatory effect
						renumbering former section
						3182 to section
						3179 filed 6-28-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 26).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  2600,
						  2601 and
						  5054, Penal Code. In
						  re French, 164 Cal. Rptr. 800 (1980).
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 8 - Tobacco › Section 3187 - Smoking Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The terms
					 below are defined for the purposes of this section:
(1) Smoke or Smoking means the inhaling, exhaling,
					 burning, or carrying of any lit cigarette, cigar, pipe, or smoking paraphernalia
					 used for consuming the smoke of tobacco or any other burning product.
(2) Use means the use of any tobacco
					 product.
(3) Residential Space means the
					 private living areas of staff. Residential Space does not include the living areas
					 of inmates or family visiting areas. Residential space includes, but is not limited
					 to, residential areas at institutions, correctional training academies, and
					 conservation camps.
(4) Facility means
					 any building, areas of any building, or group of buildings owned, leased, or
					 utilized by the Department. This shall include, but not be limited to, institutions,
					 conservation camps, community correctional facility, and reentry furlough, and
					 restitution centers.
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 8 - Tobacco › Section 3188 - Tobacco Products

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The terms
					 below are defined for the purposes of this section:
(1) Advertise means the display or posting of any
					 poster, sign, or other written or visual material that serves to communicate
					 commercial information or images to the public.
(2) Tobacco product means any product that
					 contains tobacco, the prepared leaves of any plant belonging to the nicotiana
					 family, which shall include, but not be limited to, cigarettes, loose tobacco,
					 cigars, snuff, chewing tobacco, or any other preparation of tobacco, tobacco
					 substitutes, smoking paraphernalia, and all other items developed or processed for
					 the primary purpose of facilitating the use or possession of tobacco or tobacco
					 related products as well as packaging material. Packaging material includes, but is
					 not limited to, snuff or cigarette containers.
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 8 - Tobacco › Section 3189 - Inmate Violations and Cessation Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Inmates
					 violating the provisions of sections
					 3187 and/or 3188 on July 1, 2005 and
					 thereafter shall be subject to the inmate disciplinary methods, administrative and
					 serious rule violation provisions of sections
					 3312,
					 3314 and
					 3315.
(b) Tobacco use cessation assistance may include,
					 but is not limited to the following:
(1) Tobacco
					 use cessation classes,
(2) Distribution
					 of printed tobacco cessation material.
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 3190 - General Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Inmates
					 shall be permitted to possess in their quarters/living area, state-issued property
					 items, and authorized personal/religious property items based upon privileges in
					 section 3044 and/or assigned security level
					 and/or institution mission, and subject to disciplinary provisions in sections
					 3314 and
					 3315.
(b) Specific items of personal property shall be
					 established by a consensus of individual facilities within the Division of Adult
					 Institutions. An Authorized Personal Property Schedule, identifying a list of
					 allowable property, not including religious property, shall be developed and updated
					 no more frequently than twice yearly. Local facility exemptions to the property
					 lists shall also be identified. All changes to the Authorized Personal Property
					 Schedule shall be adopted in accordance with the rulemaking requirements of the
					 Administrative Procedure Act (Government Code sections 11340 through 11350.3) and,
					 if applicable, Penal Code section
					 5058.3.
The following five property lists are incorporated by
						reference:
(1) Authorized Personal Property
					 Schedule -- Reception Center Male Inmates (Rev. 11/23). This personal property
					 schedule applies to all facilities which operate Male Reception Center
					 Housing.
(2) Authorized Personal
					 Property Schedule -- General Population Levels I, II, and III, Male Inmates (Rev.
					 11/23). This personal property schedule applies to all facilities which operate
					 Levels I, II, III Male Inmate Housing.
(3) Authorized Personal Property Schedule -- Level
					 IV Male Inmates (Rev. 11/23). This personal property schedule applies to all
					 facilities which operate Level IV Male Inmate Housing.
(4) Authorized Personal Property Schedule --
					 Restricted Housing Unit (RHU) Male Inmates (Rev. 11/23). This personal property
					 schedule applies to all facilities which operate RHU Male Inmate Housing.
(5) Authorized Personal Property Schedule --
					 Female Inmates (Rev. 11/23). This personal property schedule applies to all
					 facilities which operate Female Inmate Housing.
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 3191 - Property Registration and Disposition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Registerable
					 personal property must be registered under the inmate's name and number in the
					 institution's inmate property records.
(b) Inmates are required upon request by
					 institution staff to properly account for all registerable personal property
					 registered in their name and number. An inmate's failure to possess or properly
					 account for personal property registered in the inmate's name and number, or
					 possession of property which is not registered in the inmate's name and number will
					 be cause for disciplinary action, including confiscation of the unregistered
					 property. In all instances of confiscation, every reasonable effort will be made to
					 determine the rightful owner of the property. The property will be returned to its
					 rightful owner unless, as the result of disciplinary action for misuse of property,
					 the inmate's approval to possess the property is rescinded.
(c) Inmate personal property not meeting the
					 criteria in section
					 3190, shall be disposed of in
					 accordance with this section. An inmate shall select one of the methods listed in
					 sections 3191(c)(1) through
					 3191(c)(5) below for
					 disposing of non-allowable personal property which is unauthorized pursuant to
					 subsection (b) and section
					 3190. If the inmate makes no selection
					 or has insufficient funds, staff shall document that fact and determine the method
					 of disposition. Property that is considered contraband pursuant to section
					 3006(a) or (c) shall
					 be retained by staff as may be required by ongoing investigation or court order.
					 Following the completion of all disciplinary, investigative, or court requirements,
					 the contraband property shall be disposed of according to institutional/facility
					 procedures.
(1) Mail the item to an address of an
					 individual willing to accept the personal property, provided by the inmate, via USPS
					 or common carrier at the inmate's expense. This option is not available for inmates
					 with insufficient trust account funds.
(2) Return the item to the sender via USPS or
					 common carrier at the inmate's expense. This option is not available for inmates
					 with insufficient trust account funds.
(3) Donate the item to a charitable organization
					 as designated by the institution/facility.
(4) Donate the item to the
					 institution/facility.
(5) Render the
					 item useless and dispose of it according to institution/facility
					 procedures.
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 3192 - Possession and Exchange

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An inmate's right to inherit, own, sell or convey real and/or
						personal property does not include the right to possess such property within the
						institutions/facilities of the department. An inmate may not exchange, borrow, loan,
						give away or convey personal property to or from other inmates. Violation(s) of this
						rule may result in disciplinary action, and confiscation and/or disposal of the
						personal property.
1. Amendment
						filed 9-30-77; effective thirtieth day thereafter (Register 77, No.
						40).
2. Amendment of section and new 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.
3.
						Certificate of Compliance as to 5-27-2004 order transmitted to OAL 10-28-2004 and
						filed 12-14-2004 (Register 2004, No. 51).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  2601 and
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.