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 3137 - Appeals and Complaints Relating to Mail and Correspondences

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Inmates,
					 their correspondents, and publishers may file a complaint regarding departmental
					 rules, regulations, policies, approved facility procedures and their application
					 relating to mail and correspondence.
(b)
					 Inmates shall use the established administrative remedies procedures as provided in
					 section 3480, et seq. An inmate's submittal of
					 a grievance within 30 calendar days of a notice that mail is being designated as
					 undelivered will postpone any disposition of the mail until the administrative
					 remedies procedure is completed. The final decision rendered in the administrative
					 remedies procedure shall determine disposition of mail.
(c) Persons other than inmates should address any
					 complaint relating to department policy and regulations to the Director of the
					 Division of Adult Institutions (DAI). Complaints relating to a specific facility
					 procedure or practice should be addressed in writing to the Warden, or Associate
					 Director of the facility where the issue arises. A written response shall be
					 provided within 15 working days. Complaints that are not satisfactorily resolved at
					 this level may be forwarded in writing to the Director of the DAI who shall provide
					 a written response within 20 working days.
1. Amendment of
						section heading, renumbering and amendment of former subsection
						3147(a)(5)(C) to
						section 3137 subsection (b), and amendment of
						NOTE filed 6-6-96; operative 6-6-96 pursuant to Government Code section
						11343.4(d)
						(Register 96, No. 23).
2. Amendment of section heading and section filed
						7-17-2008; operative 7-17-2008 pursuant to Government Code section
						11343.4
						(Register 2008, No. 29).
3. 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						language will be repealed by operation of law on the following day.
4.
						Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and
						filed 7-28-2011 (Register 2011, No. 30).
5. Amendment of section heading
						and section 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.
6.
						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.
7. Amendment of section heading and section 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.
8. Amendment of section heading and section 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.
9. Certificate of Compliance as to 10-4-2021 order, including
						amendment of subsection (c), 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, Penal Code;
						  and In re Muszalski, 52 Cal. App. 3rd 500.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.