Section 3139 - Correspondence Between Incarcerated Persons, Supervised Persons, and Persons on Probation(a) Incarcerated persons shall obtain written authorization from the Warden/Regional Parole Administrator or their designee/assigned probation officer, person in charge of the County Jail and/or other State Correctional Systems, at a level not less than Captain or Parole Agent III, to correspond with any of the following: (1) Incarcerated persons under the jurisdiction of any county, state or federal, juvenile or adult correctional agency.(2) Persons committed to any county, state or federal program as a civil addict.(3) Supervised persons or civil addict outpatient status under the jurisdiction of any county, state or federal, juvenile or adult correctional agency.(4) Persons on probation.(b) Incarcerated persons may initiate requests to correspond with the above by contacting their Correctional Counselor I (CCI). Supervised persons may initiate request by contacting their Parole Agent (PA). Incarcerated persons may be allowed to correspond with the persons described in subsections 3139(a)(1) through (4) provided those persons meet the criteria of approval of no known STG affiliation, or involvement with a known terrorist group or racketeering enterprise.
(c) The CCI/PA shall interview the incarcerated/supervised person and/or review their C-file/Field File to obtain the information required to process an incarcerated person's Request for Correspondence Approval, CDC Form 1074 (Rev. 08/87). If an incarcerated person's request to correspond with another incarcerated/supervised person is denied, the CCI/PA shall advise the incarcerated person in writing. (1) When reviewing the initiating incarcerated person's C-file, staff shall ascertain whether prior approval exists. If prior approval exists, a copy of the previously approved CDC Form 1074 shall be forwarded to both institutional mailrooms.(2) When an initiating incarcerated person's request to correspond with another incarcerated person meets the criteria for approval per section 3139(b), and no prior approval exists, the CCI/PAI shall ensure that a CDC Form 1074 is completed.(3) If the request is approved, staff shall retain the fifth page in the C-File/Field/File at the requesting institution/parole office. The remaining four pages shall be forwarded, intact, to the institution/parole office/probation office/other county, state or federal facility where the other requested correspondent is housed. Neither a photocopy of the CDC Form 1074, nor the fifth page, shall be forwarded to the C-File or mailroom while the correspondence approval is pending.(4) If the request to correspond is denied at the institution/parole office/probation office/other state correctional facility, the reason for denial shall be annotated on the CDC Form 1074, and it shall be returned, in its entirety, to the sending institution/ parole office.(5) Copies/photocopies shall not be delivered to the requested incarcerated person, the receiving institutions mailroom, or the housing unit.(6) Upon receipt of the disapproved CDC 1074, staff at the sending institution/field office shall ensure that the 2nd page is returned to the initiating incarcerated person.(7) If correspondence is approved at the institution/parole office, staff shall ensure that the CDC Form 1074 is completed. They shall retain the third and fourth pages for distribution. If the third page and fourth pages are not legible, the CCI/PAI shall make photocopies of the first page prior to forwarding the completed CDC Form 1074 to the sending institution. The approved CDC Form 1074 will be distributed as directed on the form.(8) Photocopies of the CDC Form 1074 shall not be made for the housing unit(s). The housing units shall not keep records of approved correspondents.(9) The mailroom supervisor shall establish and maintain a record of approved CDC Form 1074s.(10) When a CDCR incarcerated person requests to correspond with an incarcerated person in a county, state, or federal facility, or if the request is from a county, state, or federal incarcerated person, the CCI shall ensure that a CDC Form 1074 is completed along with a cover letter that thoroughly explains the need for the CDC Form 1074. If the request is denied, the CCI shall ensure that a letter is forwarded to the requesting agency thoroughly explaining the denial.(d) There shall be no limits set on the number of times approved incarcerated persons/supervised persons/persons on probation can correspond with one another unless revoked. The approval to correspond may be revoked due to disciplinary violations involving correspondence between the incarcerated/supervised persons or as a result of a classification action based on safety and security. Any such restriction, or revocation of approval, shall be communicated to incarcerated/supervised person(s), and to the warden(s)/parole administrator(s) of the institution/facility where the incarcerated/supervised person(s) are housed.(e) Wardens at institutions where there are Restricted Housing Units (RHU) shall outline in their local procedure any further restrictions on correspondence due to safety and security concerns, limited to those specific housing units.(f) The most restrictive a facility can be with respect to incarcerated person mail privileges is to limit correspondence between incarcerated persons to only the following: (1) Immediate Family Members as defined in section 3000.(2) Co-litigants on active cases, until the case is resolved.(3) Incarcerated natural parent of the incarcerated person's child. A facility may not restrict mail privileges between an incarcerated person and any of the above three types of correspondents, unless the incarcerated person or the correspondent violates section 3006 or other CCR section.
(g) Approval to correspond shall remain in effect upon transfer to another departmental facility or another parole office.(h) If an incarcerated person's transfer is based on case factors that create security concerns, such as, but not limited to, placement in a RHU, a reexamination by committee of all approved correspondence shall be conducted. The CCI shall review and recommend to committee whether to continue approval of the correspondence.(i) If an institution/parole office receives mail from an unapproved incarcerated/supervised person correspondent, staff shall mark the envelope with "Not an Approved Correspondent" or equivalent language and return it to the sender.(j) Incarcerated persons confined in departmental facilities may correspond with former incarcerated persons. Prior approval of the warden, superintendent, or person in charge of the correctional facility is required if the person was discharged from a facility within the past twelve months.Cal. Code Regs. Tit. 15, § 3139
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.
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. Change without regulatory effect amending first paragraph and subsection (b) filed 4-4-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 14).
2. Amendment of section heading and section, including renumbering and amendment of former section 3140 to new subsection 3139(j), filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
3. Designation of first paragraph as subsection (a) and amendment of subsection (b) filed 10-17-2014; operative 10/17/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
4. Amendment of subsections (a), (e) and (h) filed 10-24-2023 as an emergency; operative 11/1/2023 (Register 2023, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (a), (e) and (h) refiled 4-8-2024 as an emergency; operative 4/11/2024 (Register 2024, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.
6. Change without regulatory effect amending section heading and section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
7. Certificate of Compliance as to 4-8-2024 order transmitted to OAL 6-18-2024 and filed 7/31/2024 (Register 2024, No. 31).