Statutes, codes, and regulations
California Code Of Regulations
Title 15 - Crime Prevention and CorrectionsDivision 3 - Adult Institutions, Programs and ParoleChapter 1 - Rules and Regulations of Adult Operations and ProgramsSubchapter 2 - Incarcerated Person Resources
Article 4 - Mail
Section 3141 - Confidential Mail

Cal. Code Regs. tit. 15 § 3141

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Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 3141 - Confidential Mail
(a) Confidential mail is a right guaranteed by law. Using confidential mail for personal non-business communications, the distribution of contraband, or the smuggling of mail or other communications to be forwarded to persons not listed in subsection (c) is an abuse of this right and may be subject to disciplinary action as described in sections 3314 and 3315.
(b) Confidential mail shall be processed regardless of weight or postage class.
(c) Persons and employees of persons with whom incarcerated persons are authorized to send and receive confidential mail include:
(1) All state and federal elected officials.
(2) All state and federal officials appointed by the governor or the President of the United States.
(3) All city, county, state and federal officials having responsibility for the incarcerated person's present, prior or anticipated custody, parole or probationary supervision.
(4) County agencies regarding child custody or child support proceedings, as clearly identified on the envelope.
(5) All state and federal judges and courts.
(6) An attorney at law, on active status or otherwise eligible to practice law, listed with a state bar association.
(7) All officials of a foreign consulate.
(8) The Secretary, Undersecretary, Assistant Secretaries, Division Directors, Deputy Directors, Associate Directors, the Office of Appeals, the Office of the Ombudsman, the Board of Parole Hearings, and the Office of Legal Affairs.
(9) Department of General Services, Office of Risk and Insurance Management (DGS ORIM).
(10) A legitimate legal service organization that consists of an established group of attorneys involved in the representation of offenders in judicial proceedings including, but not limited to:
(A) The American Civil Liberties Union.
(B) The Prison Law Office.
(C) The Young Lawyers Section of the American Bar Association.
(D) The National Association of Criminal Defense Lawyers.
(E) California Appellate Project.
(11) All rape crisis centers and sexual victim advocacy groups.
(d) All incoming mail from an attorney or legal service organization shall include the attorney's name, title, and return address of their office. Institution mailroom staff shall contact the CDCR Office of Legal Affairs Division at Headquarters if there is any question regarding the legitimacy of a legal service organization.

Cal. Code Regs. Tit. 15, § 3141

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and 5054, Penal Code; In re Jordan 12 (1974) Cal. 3d 575; and King v. Borg, USDC-ED Case No. CIV. S-87-0519 LKK/PAN/P.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and 5054, Penal Code; In re Jordan, 12 CA 3rd 575 (1974); and King v. Borg, USDC-ED Case No. CIV. S-87-0519 LKK/PAN/P.

1. Editorial correction of subsection (a) filed 2-19-85 (Register 85, No. 8).
2. Change without regulatory effect adopting new subsection (c)(8) and amending Note filed 8-19-93; operative 8-19-93 (Register 93, No. 34).
3. Repealer of subsection (c)(6) and subsection renumbering filed 4-8-96 as an emergency; operative 4-8-96 (Register 96, No. 15). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 9-15-96 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-8-96 order transmitted to OAL 9-13-96 and disapproved 10-28-96 (Register 96, No. 44).
5. Repealer of subsection (c)(6) and subsection renumbering filed 10-28-96 as an emergency; operative 10-28-96 (Register 96, No. 44). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 4-6-97 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-28-96 order transmitted to OAL 3-3-97 and filed 4-14-97 (Register 97, No. 16).
7. New subsection (c)(4), subsection renumbering, and amendment of Note filed 7-28-97 as an emergency; operative 7-28-97 (Register 97, No. 31). Pursuant to Penal Code 5058(e), a Certificate of Compliance must be transmitted to OAL by 1-5-98 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 7-28-97 order, including further amendment of subsection (c)(4), transmitted to OAL 12-2-97 and filed 1-15-98 (Register 98, No. 3).
9. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4(Register 2008, No. 29).
10. Amendment of subsection (c)(8) 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.
11. 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.
12. Amendment of subsection (c)(8) 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.
13. Amendment of subsection (c)(8) 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.
14. Certificate of Compliance as to 10-4-2021 order transmitted to OAL 12-7-2021 and filed 1/5/2022 (Register 2022, No. 1).
15. Change without regulatory effect amending subsections (c) and (c)(3) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
16. Amendment of section heading, section and NOTE filed 11-21-2024; operative 11/21/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 47).