Cal. Code Regs. tit. 15 § 3220.4

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 3220.4 - Movies or Videos for Incarcerated Person Viewing

(a) Only movies or videos approved by the institution head or their designee (reviewer) may be scheduled for viewing by incarcerated persons.

(b) Only those movies or videos which have been given a rating of "G," "PG," or "PG-13" by the Motion Picture Association of America (MPAA) or that have been placed on the department's discretionary showing list may be considered for viewing. Movies or videos which have been given a rating of other than "G," "PG," or "PG-13" by the Motion Picture Association of America shall not be approved for general incarcerated person viewing. Regardless of their rating or listing, movies or videos which, in the opinion of the reviewer, glorify violence or sex, or are inflammatory to the climate of the facility shall not be shown.

(c) The selection or exclusion of a movie or video by a facility may be challenged by members of the public by writing to the director, grieved by incarcerated persons by following the administrative remedies procedures as stated in section 3480 et seq., and grieved by staff by pursuing grievance procedures in accordance with their collective bargaining unit's contract or memorandum of understanding.

(d) At the discretion of the director, a movie or video review shall be done by the movie review committee, composed of staff named by the director. Movies may be submitted for consideration as follows:

(1) Movies or videos which have not been rated may be submitted to the director for the committee's consideration for general incarcerated person viewing.

(2) Movies or videos which have an MPAA rating of other than "G," "PG," or "PG-13," or have not been rated by the MPAA, may be submitted to the director by the facility reviewer or a contract vendor for the committee's consideration for specified limited incarcerated person viewing purposes (e.g., education or contracted service vendor programs).

(3) Movies which are challenged by the public, appealed by incarcerated persons, and grieved by staff pursuant to subsection (c) of this section shall be reviewed by the committee at the director's discretion.

(e) The committee may determine a movie or video to be unacceptable for incarcerated person viewing, acceptable for general incarcerated person viewing, or acceptable for specified limited incarcerated person viewing purposes.

(f) The committee will place movies or videos on a statewide "discretionary showing list" under the category of "approved for all purposes," or under the category of "approved for specified limited incarcerated person viewing purposes" (specifying the limited or special purpose for which the movie is being approved), or under the category of "unacceptable for incarcerated person viewing." A movie or video's placement on the list as approved will not require that it be shown by a facility.

Cal. Code Regs. Tit. 15, § 3220.4

Note: Authority cited: Sections 5058 and 10006(b), Penal Code. Reference: Sections 2601(c), 5054 and 10006(b), Penal Code.

1. New section filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
2. Amendment of newly designated subsections (a) and (b), new subsections (c)-(d)(4) and amendment of Note filed 6-28-96 as an emergency; operative 6-28-96 (Register 96, No. 26). A Certificate of Compliance must be transmitted to OAL by 1-6-97 or emergency language will be repealed by operation of law on the following day.
3. Amendment of newly designated subsections (a) and (b), new subsections (c)-(d)(4) and amendment of Note refiled 12-19-96 as an emergency; operative 12-19-96 (Register 96, No. 51). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 5-28-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-19-96 order, including further amendment of section, transmitted to OAL 4-14-97 and filed 5-23-97 (Register 97, No. 21).
5. Amendment of subsection (c) filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
7. Amendment of section heading and section 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.
8. 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.
9. Amendment of section heading and section 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.
10. Amendment of section heading and section 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.
11. Certificate of Compliance as to 10-4-2021 order transmitted to OAL 12-7-2021 and filed 1/5/2022 (Register 2022, No. 1).
12. 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).