Cal. Code Regs. Tit. 15, § 3135 - Disturbing or Offensive Mail

(a) Non-confidential mail shall be disapproved if the content presents a danger, or a threat of danger, to any person. The authority to disapprove such mail shall not be delegated below the custody staff level of Captain.

(b) Disagreement with the sender's or receiver's morals, values, attitudes, veracity, or choice of words shall not be cause for staff to disapprove mail. Staff shall not challenge or confront the sender or receiver with such value judgments.

(c) Certain mail, including but not limited to the following, shall be disapproved, regardless of values or morals, in order to ensure the safety and security of the institution:

(1) Any mail of a character tending to incite murder, arson, a riot, or any form of violence or physical harm to any person, or any ethnic, gender, racial, religious, or other group.

(2) Threatens blackmail or extortion.

(3) Contraband, or sending or receiving contraband.

(4) Concerns plans to escape or assist in an escape.

(5) Concerns plans to disrupt the order, or breach the security, of any institution.

(6) Concerns plans for activities which violate the law, these regulations or local procedures.

(7) Contains coded messages.

(8) Describes the making of any weapon, explosive, poison, or destructive device.

(9) Contains illustrations, explanations, or descriptions of how to sabotage or disrupt computers, communications, or electronics.

(10) Contains maps depicting any area within a 10-mile radius of an institution/facility.

(11) Contains gambling or lottery information or paraphernalia.

(12) Contains obscene text defined in subsection 3006(c)(15).

(13) Contains sexually explicit images as defined in subsection 3006(c)(16).

(14) Contains any unknown solid, gel, or liquid substance; or contains any organic, toxic or hazardous material.

(15) Contains written materials, images, photographs, or pictures that indicate an association with validated Security Threat Group (STG) members or associates, as described in subsection 3378.2(b).

(d) If the receiver of any mail, confidential or non-confidential, directs a written complaint to administrative staff of the department or to institution officials, consideration shall be given to any reasonable remedy sought by the individual. This may include discussion of the complaint with the incarcerated person in an attempt to resolve the matter, reading of all mail, including confidential mail, addressed to the individual, and either disapproving only that which appears to perpetuate the problem, or disapproving all mail to the individual. Complaints and requests for actions which would, if approved, restrict an incarcerated person's mail, and any action taken in response to such complaints or requests, shall be fully documented on a CDC Form 128-B General Chrono (Rev. 4-74), which is incorporated by reference. The incarcerated person shall receive a copy of the documentation and the original shall be forwarded to case records to be entered into the Strategic Offender Management System.

Notes

Cal. Code Regs. Tit. 15, § 3135

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code; and Procunier v. Martinez, 416 U.S. 396.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code; and Procunier v. Martinez, 416 U.S. 396.

1. Change without regulatory effect amending subsection (a) filed 8-6-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 32).
2. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4(Register 2008, No. 29).
3. New subsection (c)(19) and amendment of subsections (d)-(d)(7) filed 4-30-2015; operative 4/30/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 18).
4. Change without regulatory effect amending subsections (d) and (e) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
5. Amendment of section heading and section filed 11-21-2024; operative 11/21/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 47).