(a) Each institution or their designee may establish a handicraft program based on, but not limited to, the following conditions:(1) possible threat to facility security,(3) sufficient staffing, and(b) Only those incarcerated persons in Privilege Groups A and B are eligible to apply for participation in the handicraft program and must submit CDCR Form 165 (Rev 07/24), Application for Handicraft Privilege.(c) Approval may be granted to those incarcerated persons whom, in the judgement of the institution head or their designee, intend serious participation and have the skills or the potential and an interest to develop the skills required for the craft.(d) The reason(s) for denying an incarcerated person handicraft privileges shall be documented on Form 165 (Rev 07/24), Application for Handicraft Privilege, and returned to the incarcerated person with their application.(e) An incarcerated person's right to own, sell or convey personal property, including all written and artistic material produced or created by that incarcerated person shall be governed by Section 2601 of the Penal Code.(f) Handicraft projects or tools necessary for completion of handicraft projects shall be restricted to the extent necessary to provide for the reasonable security of the facility and the protection of persons and shall be subject to review by the institution head or their designee.(g) Only those items approved by the institution head or their designee shall be manufactured. A project shall not be approved under any one or more of the following circumstances: (1) The size of the materials would exceed the limits established pursuant to section 3101.(2) The proposed quantities of the finished item for sale would exceed probable demands.(3) The incarcerated person's loan request for the cost of materials exceeds the limit established by the institution head or their designee.(h) Handicraft projects, tools, and materials within a designated handicraft area, shall be controlled by staff and may be stored in a designated secured storage area of the facility, dependant upon space availability at the institution/facility.(i) Incarcerated persons shall not work on a project or participate in any other handicraft activity during their scheduled work/training assignment hours.(j) Supplies and materials for a project shall not be ordered until the project is approved by the institution head or their designee.Cal. Code Regs. Tit. 15, § 3100
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2079, 2600, 2601, 5006 and 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2079, 2600, 2601, 5006 and 5054, Penal Code.
1. Repealer and new section filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Amendment of section heading, section and Note filed 3-20-96; operative 4-19-96 (Register 96, No. 12).
3. Amendment of subsection (h) 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.
4. Certificate of Compliance as to 5-27-2004 order transmitted to OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
5. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).