Section 3133 - Definitions and Disposition of Mail(a) For the purpose of this Article, mail is defined by the following: (1) First-Class Mail includes all handwritten or typewritten material, all personal mail, and all personalized business mail. First-Class Mail includes, but is not limited to, a postcard, a standard envelope, or a large envelope. First-Class Mail does not include boxes or padded envelopes, where the padding cannot be removed before delivery to the incarcerated person. The maximum weight for a First-Class letter is 13 ounces. All First-Class Mail shall be delivered to the incarcerated person as soon as possible, but not later than seven calendar days from receipt of the mail at the institution mailroom., unless disapproved in accordance with section 3136 or as otherwise provided in this Article.(2) Marketing Mail, formerly called Standard Mail or Bulk Mail, includes advertisements, catalogs, solicitations of donations, of a non-personal nature. The maximum weight for Marketing Mail is 16 ounces.(3) Periodicals are a class of mail consisting of magazines, newspapers, newsletters, and other publications formed of printed sheets that are published from a known office of publication.(A) All periodicals shall be delivered to the incarcerated person, as soon as possible, no later than fifteen (15) calendar days from receipt of the mail at the institution mailroom, unless disapproved in accordance with section 3134.1 or as otherwise provided in this Article.(B) Except as otherwise authorized by the department, incarcerated persons may receive periodicals directly from bookstores, book distributors, publishers that conduct mail order business, religious organizations, or in packages as outlined in section 3190. Incarcerated persons may not receive periodicals via personal mail.(C) The department shall not require businesses listed in section 3133(a)(3)(B) and religious organizations to have prior approval from the department before sending periodicals to incarcerated persons.(D) The department shall not impose a weight limitation on periodicals, nor limit the frequency in which incarcerated persons may receive periodicals, subject to the property limits established within section 3190.(4) Books are defined as bound publications formed of printed sheets that are published by a known office of publication. (A) All books shall be delivered to the incarcerated person, as soon as possible, but no later than fifteen (15) calendar days from receipt at the institution, unless disapproved in accordance with section 3134.1 or as otherwise provided in this Article.(B) Except as otherwise authorized by the department, incarcerated persons may receive books directly from bookstores, book distributors, publishers that conduct mail order business, religious organizations, or in packages as outlined in section 3190. Incarcerated persons may not receive books via personal mail.(C) The department shall not require businesses listed in 3133(a)(4)(B), and religious organizations to have prior approval from the department before sending books to incarcerated persons.(D) The department shall not impose a weight limitation on books, nor limit the frequency in which incarcerated persons may receive books, subject to the property limits established within section 3190.(5) Ancillary service endorsements are defined by the United States Postal Service as the use of specified keywords included by the sender on a piece of mail, including "Electronic," "Address," "Return," "Change," or "Forwarding" followed by the words "Service Requested," indicating the sender's willingness to pay additional charges for the United States Postal Service to forward, return, or otherwise process mail that cannot be delivered to the addressee. Ancillary service endorsements appear near the address block or below the return address in the top left corner of the mail piece.(6) Confidential Mail, as defined within section 3141.(b) Disposition of Mail. All incoming and outgoing mail shall be handled in accordance with the following: (1) All incoming mail shall be properly addressed. Properly addressed incoming mail shall include the incarcerated person's name and department identification number. The mail should also include the address designated by the institution for incarcerated person. The receiving institution is required to update the address of any mail that does not reflect accurate housing or institutional location. Mail missing the incarcerated person's last name or department identification number shall be returned to the United States Postal Service as undeliverable.(2) All outgoing mail shall be properly addressed, and shall be marked indicating that it originated from a California State Correctional Institution. Properly addressed mail sent by an incarcerated person shall contain the sender's name, department identification number and the return address designated by the institution for incarcerated person mail, including housing location. It shall also contain the recipient's name, address, city, state, and zip code. The department shall deliver outgoing mail to the United States Postal Service as soon as possible but not later than five business days of receipt from the incarcerated person.(3) All incoming packages, as defined within section 3147, and non-confidential mail addressed to an incarcerated person shall be opened and inspected before delivery to the incarcerated person. The purpose of inspection is to document receipt of any funds enclosed for deposit to the incarcerated person's trust account, to verify and record the receipt of permitted personal property, and to prevent the introduction of contraband. All non-confidential incarcerated person mail, incoming or outgoing, is subject to being reviewed in its entirety by designated staff. All non-confidential incarcerated person mail that is "returned to sender" shall be opened and inspected before being returned to the incarcerated person. (A) When there is reasonable suspicion that an item of mail presents a threat to the security of the institution or the safety of persons, mailing or delivery may be delayed to allow for additional review. When such delay exceeds the delivery timeframes pursuant to section 3133, or if the item of mail is disapproved for any other reason, the incarcerated person shall be notified in writing of the delay, the reason for the delay, and all subsequent determinations and actions regarding that item of mail via CDCR Form 1819 (Rev. 08/24), Notification of Disapproval for Mail/Packages/Publications, which is incorporated by reference.(B) Mail that is disapproved for any reason shall be processed through the issuance of a CDCR Form 1819.(C) Each institution shall establish local procedures for tracking mail that is delayed or disapproved through this process.(c) Confidential Mail with Inmate Trust Account Withdrawals. Incarcerated person confidential mail submitted with a CDCR Form 193, Inmate Trust Withdrawal Order (Rev. 07/24), which is incorporated by reference to pay for filing fees or other costs may be left unsealed so that the voucher (check) can be enclosed after the trust account withdrawal has been processed. Incarcerated persons who do not wish to forward this type of mail unsealed may attach a stamped, appropriately addressed envelope to the confidential mail so the check can be enclosed and forwarded in the extra envelope.(d) Returned Mail. All undelivered mail and packages returned to an institution by the United States Postal Service shall be opened and inspected before being returned to the incarcerated person. This inspection is to determine if the content originated with the incarcerated person sender identified on the mail or package, and to prevent the transmission of contraband, material, substances, and property that an incarcerated person is not authorized to possess in the correctional institution. In the case of returned confidential mail, the mail shall be opened in the presence of the incarcerated person. It shall be examined to the degree necessary to determine if it was sent by the incarcerated person and not opened or tampered with before its return to the institution. Upon such confirmation, the returned mail shall be given to the incarcerated person. Any contraband found in the returned mail shall be confiscated and processed, and disciplinary action may be taken.(e) If any First-Class Mail is not accepted from an incarcerated person for mailing, or is accepted for mailing but is not provided to the United States Postal Service within five business days of receipt from the incarcerated person, the incarcerated person shall be notified in writing of the reason for the department's refusal to accept or to promptly mail the item(s) via CDCR Form 1819 (Rev. (08/24) Notification of Disapproval for Mail/Packages/Publications. Unless retention of such mail is required in administrative, legal, or disciplinary proceedings against the incarcerated person or other persons, it shall be promptly mailed or returned to the incarcerated person.(f) Forwarding First-Class Mail and Periodicals. First-Class Mail and periodicals (excluding newspapers) received for an incarcerated person who is not housed at the location where the mail is received shall be forwarded to the location where the incarcerated person is currently housed. For First-Class Mail and periodicals (excluding newspapers) addressed to an incarcerated person who has paroled, staff shall note the address of the field office responsible for supervision of the supervised person and forward the mail accordingly for delivery to the supervised person. With the exception of confidential mail, all First-Class Mail and periodicals (excluding newspapers) shall be forwarded, as soon as possible, but no later than on a weekly basis. If the individual is no longer within the jurisdiction of the department or their location is unknown, the mailroom staff shall return the mail to the sender with a notation that the addressee is not at the institution and their address is unknown.(g) Disposition of Marketing Mail. Marketing mail received for an incarcerated person who is not housed at the institution where the mail is received shall be disposed of unless it includes an ancillary service endorsement. Marketing Mail with an ancillary service endorsement shall be processed as directed by the ancillary service endorsement, which may include forwarding in the same manner as First-Class Mail and periodicals under subsection 3133(f).(h) Newspapers. If an incarcerated person is temporarily away from the institution at the time a newspaper is processed, the newspaper shall be held and delivered upon the incarcerated person's return to the institution. Notwithstanding the forgoing, after one week of continuous absence, any undelivered newspapers held, processed, or received during the incarcerated person's absence shall be discarded. Exceptions will be made when the absence results from the incarcerated person's participation in institution approved activities such as a community release program, firefighting or other disaster control assignments or hospitalization. If the incarcerated person is no longer housed at the location where the newspaper is received, newspapers delivered by the USPS will have a forwarding address affixed and shall be returned to the USPS for processing.
(i) Forwarding Confidential Mail. All confidential mail received for an incarcerated person who has been transferred or paroled from the location where the mail was received, or is otherwise not located at the institution, shall be forwarded to the incarcerated person or supervised persons within one business day of receipt by the institution. If the individual is no longer within the jurisdiction of the department or the individual's location is unknown, the mailroom staff shall return the mail to the sender with a notation the addressee is not at the institution and their address is unknown.(j) Temporary Absence. With the exception of Confidential Mail and Daily Newspapers, all mail shall be held for an incarcerated person who is temporarily away from the institution for one week (seven calendar days) or less. When the incarcerated person's absence lasts longer than a week, staff shall process the mail in accordance with subsection 3133(f) through (h). Confidential Mail shall be forwarded in accordance with subsection 3133(i) or as quickly as possible given the incarcerated person's circumstances.Cal. Code Regs. Tit. 15, § 3133
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 4570, Penal Code; Procunier v. Martinez, 416 U.S. 396; and Prison Legal News v. Schwarzenegger Settlement Agreement, No. Civ-07-02058 CW and Bell v. Wolffish, 99 S. Ct 1861.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 4570, Penal Code; Procunier v. Martinez, 416 U.S. 396; and Bell v. Wolffish, 99 S. Ct 1861.
1. Repealer of former section 3133 and renumbering of former section 3147 to new section 3133, including amendment of section heading and repealer and new section, filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4(Register 2008, No. 29).
2. New subsection (h) and subsection relettering filed 7-23-2020 as an emergency; operative 7/23/2020 (Register 2020, No. 30). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-30-2020 or emergency language will be repealed by operation of law on the following day.
3. Repealer of subsection (a)(5) filed 9-17-2020; operative 1/1/2021 (Register 2020, No. 38). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.
4. Emergency filed 7-23-2020 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. 48). A Certificate of Compliance must be transmitted to OAL by 4-30-2021 or emergency language will be repealed by operation of law on the following day.
5. New subsection (h) and subsection relettering refiled 4-27-2021 as an emergency; operative 4/30/2021 (Register 2021, No. 18). 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 11-29-2021 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-27-2021 order, including repealer of subsection (h) and subsection relettering, transmitted to OAL 11-29-2021 and filed 12-20-2021; amendments effective 12/20/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 52). Transmission deadline specified in Government Code section 11346.4(b)extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
7. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
8. Amendment of section and NOTE filed 11-21-2024; operative 11/21/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 47).