Section 3145 - Envelopes in Confidential MailWhen the inspection of confidential mail reveals the presence of envelope(s), the envelope(s) shall be treated in the same manner as confidential mail pursuant to sections 3142 and 3143. The incarcerated person shall not be given the envelope(s) or be allowed access to the envelope(s) except as authorized in the following subsections:
(a) The incarcerated person may consent to an immediate examination of the envelope(s) by staff who issues mail. Such examination shall be limited to the extent necessary to determine if the envelope(s) may be disapproved as contraband under sections 3006, 3134 or 3135. Staff shall not read written material on the envelope(s). Staff shall write on the envelope(s) that it has been reviewed, and shall include their signature and the date. If the envelope(s) can be safely admitted into the institution, it shall be given to the incarcerated person. If the envelope(s) constitutes one or more items identified in sections 3006, 3134, or 3135, it shall be referred to staff not below the rank of Captain, for final determination. If not released to the incarcerated person, the disapproved envelope(s) shall be documented via issuance of a CDCR Form 1819 (Rev. (08/24), Notification of Disapproval for Mail/Packages/Publications, which is incorporated by reference. The incarcerated person shall determine how to dispose of the envelope(s) under subsection 3191(c).(b) The incarcerated person may decline to consent to examination of envelope(s) in confidential mail. When this occurs, the envelope(s) shall be immediately placed in a separate envelope and sealed in the presence of the incarcerated person. The separate envelope shall, at the incarcerated person's choosing, be returned to the sender with the mailing cost charged to the incarcerated person's trust account, or disposed of pursuant to subsection 3191(c). The incarcerated person shall be issued the remaining contents of the confidential mail and the envelope it came in.(c) Any person who examines the contents of mail under the authority of this article or in connection with a grievance or appeal by an incarcerated person of a ruling under this article, shall keep the content of the material which was examined in strict confidence. No original, copy, excerpt, or summary of confidential mail to or from an incarcerated person shall be made or entered in the Strategic Offender Management System (SOMS) unless such mail is or has been the subject of: (1) Legal, disciplinary, criminal investigation, or casework determination and actions affecting the incarcerated person; or(2) When the recipient of an incarcerated person's disturbing or offensive mail corresponds with the institution and requests administrative action, under section 3135; or(3) If an incarcerated person requests that a copy of confidential mail be entered into SOMS and the incarcerated person's Correctional Counselor I deems it appropriate to do so based on the relevance of the mail to the incarcerated person's incarceration.Cal. Code Regs. Tit. 15, § 3145
Note: Authority cited: Section 5058, Penal Code. Reference: Section 2600, Penal Code; and In re Jordan, In re Jordan 12 (1974) Cal. 3d 575.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 2600, Penal Code; and In re Jordan, 12 CA 3rd 575 (1974).
1. Change without regulatory effect amending subsection (a) filed 4-3-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 14).
2. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4(Register 2008, No. 29).
3. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
4. 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).