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 3145 - Enclosures in Confidential Mail

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the inspection of confidential correspondence discloses
						written or printed enclosures, the enclosures will be treated in the same manner as
						confidential correspondence. The inmate will not be given the enclosures or be
						allowed access to the enclosures except as authorized in the following
						subsections:
(a) The inmate may consent to
					 an immediate examination of the enclosure by staff who issues mail. Such examination
					 will be limited to the extent necessary to determine if the enclosure may be safely
					 admitted into the facility under the standards of Penal Code Section
					 2601. The conclusion
					 of the examiner will be written on the enclosure, and be dated and signed by the
					 examiner. If the enclosure can be safely admitted into the facility, it will be
					 given to the inmate. If in the examiner's opinion the enclosure does not meet the
					 standards of Penal Code Section
					 2601 and cannot be
					 safely admitted into the facility, it will be referred to staff at not less than the
					 Correctional/Facility Captain level, for final determination. If not released to the
					 inmate at this level, the inmate will be allowed access to the enclosure only as
					 authorized in subsection (b).
(b) The
					 inmate may decline to consent to examination of enclosures in confidential mail by
					 any staff. When this occurs, the enclosure will be immediately placed in a separate
					 envelope and the envelope will be sealed in the presence of the inmate. The separate
					 envelope will, at the inmate's choosing, be returned to the sender with the mailing
					 cost charged to the inmate's trust account, or disposed of pursuant to section
					 3191(c). The inmate is
					 entitled to keep the letter or correspondence and the envelope it came in.
(c) Any person who examines the content of mail
					 under the authority of this article or in connection with an appeal by an inmate of
					 a ruling under this article, must keep the content of the material which was
					 examined in strict confidence. No original, copy, excerpt, or summary of personal
					 correspondence to or from an inmate shall be made or be placed in an inmate's C-file
					 unless such correspondence is or has been the subject of:
(1) Legal, disciplinary, criminal investigation,
					 or casework determination and actions affecting the inmate.
(2) When the recipient of an inmate's disturbing
					 or offensive mail corresponds with the facility and requests administrative action,
					 subject to section
					 3135.
(3) If an inmate requests that a copy of personal
					 correspondence be placed in their C-file and the inmate's caseworker deems it
					 appropriate to do so based on the relationship of the correspondence to the inmates
					 incarceration.