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 3136 - Disapproval of Inmate Mail

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Disapproval
					 of inmate mail that is in clear violation of CCR sections
					 3006 or
					 3135 shall be referred to staff not
					 below the level of Captain for determination and appropriate action. Disapproval of
					 inmate mail that is not in clear violation of CCR sections
					 3006 or
					 3135 shall be referred to the Warden,
					 but not lower than the Chief Deputy Warden, for determination and appropriate
					 action. When incoming or outgoing mail, packages, or publications addressed to or
					 being sent by an inmate are withheld or disallowed, the inmate shall be informed via
					 CDCR Form 1819 (Rev. 07/18), Notification of Disapproval-Mail/Packages/Publications,
					 of the reason, disposition, name of official disallowing the
					 mail/package/publication, and the name of the official to whom a grievance can be
					 directed.
(b) When inmate mail is
					 disapproved based on the criteria established in this section, a copy of the CDCR
					 Form 1819 and the supporting document(s) shall be retained by each facility for a
					 minimum of seven years.
1. Amendment of
						section heading and section, and redesignation of former subsections
						3136(a)-(h) to
						subsections 3006(c)(1)-(8) filed
						1-3-95 as an emergency; operative 1-3-95 (Register 95, No. 1). A Certificate of
						Compliance must be transmitted to OAL 6-12-95 or emergency language will be repealed
						by operation of law on the following day.
2. Editorial correction of
						HISTORY 1 (Register 95, No. 24).
3. Amendment of section heading and
						section, and redesignation of former subsections
						3136(a)-(h) to
						subsections 3006(c)(1)-(8) refiled
						6-13-95 as an emergency; operative 6-13-95 (Register 95, No. 24). A Certificate of
						Compliance must be transmitted to OAL by 11-20-95 or emergency language will be
						repealed by operation of law on the following day.
4. Reinstatement of
						section as it existed prior to emergency amendment filed 12-27-95 by operation of
						Government Code section
						11346.1(f).
						Certificate of Compliance as to 6-13-95 order transmitted to OAL 11-9-95;
						disapproved by OAL and order of repeal as to 6-13-95 order filed on 12-27-95
						(Register 95, No. 52).
5. Amendment filed 12-27-95 as an emergency
						pursuant to Government Code section
						11346.1;
						operative 12-27-95 (Register 95, No. 52). A Certificate of Compliance must be
						transmitted to OAL by 4-25-96 or emergency language will be repealed by operation of
						law on the following day.
6. Certificate of Compliance as to 12-27-95
						order including amendment of subsection (b) transmitted to OAL 4-25-96 and filed
						6-6-96 (Register 96, No. 23).
7. Amendment filed 7-17-2008; operative
						7-17-2008 pursuant to Government Code section
						11343.4
						(Register 2008, No. 29).
8. Amendment filed 10-20-2016; operative
						10-20-2016 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2016, No. 43).
9. Amendment of subsection (a) 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 (a) 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 (a) 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, including
						amendment of CDCR Form 1819 (incorporated by reference) and further amendment of
						subsection (a), transmitted to OAL 12-7-2021 and filed 1-5-2022; amendments
						operative 1-5-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 1).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  2600 and
						  2601(d),
						  Penal Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.