Cal. Code Regs. Tit. 15, § 3137 - Grievances and Appeals Relating to Mail and Publications

(a) Incarcerated persons, their correspondents, and publishers may file a complaint regarding departmental rules, regulations, policies, approved institution procedures and their application relating to mail and publications.

(b) Incarcerated persons shall use the established administrative remedies procedures as provided in section 3481, et seq. to grieve or appeal the department's decision. Upon receipt of a CDCR Form 1819, (Rev.08/24), Notification of Disapproval for Mail/Packages/Publications, which is incorporated by reference, incarcerated persons shall indicate on the form whether they want the institution to hold any disapproved mail or publications pending a departmental decision through the grievance and appeal procedures in accordance with section 3482, et. seq. If the incarcerated person fails to complete and return the CDCR Form 1819 within 60 calendar days of receipt of the department's final decision, as documented on the CDCR Form 1819, the mailroom shall confirm whether the incarcerated person has filed a grievance, and if not, the mailroom, shall dispose of the item pursuant to subsection 3191(c). An incarcerated person's submittal of a grievance within 60 calendar days of a notice of disapproved mail shall postpone any disposition of the mail until the administrative remedies procedure is completed. The final decision rendered in the administrative remedies procedure shall determine disposition of mail. Items held through the administrative remedies process shall not be subject to the provisions regarding the holding of mail as outlined in section 3133 and the holding of disapproved of publications as outlined in section 3134.1.

(c) Persons other than incarcerated persons may address any complaint relating to department policy and regulations to the Director, Division of Adult Institutions (DAI). Complaints relating to a specific institution procedure or practice may be addressed in writing to the Warden, or Associate Director of the institution where the issue arises. A written response shall be provided within 15 business days. Complaints that are not satisfactorily resolved at this level may be forwarded in writing to the Director, DAI who shall provide a written response within 20 business days.

Notes

Cal. Code Regs. Tit. 15, § 3137

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and 2601, Penal Code; and In re Muszalski, 52 Cal. App. 3rd 500 and Prison Legal News v. Schwarzenegger Settlement Agreement, No. Civ-07-02058 CW.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and 2601, Penal Code; and In re Muszalski, 52 Cal. App. 3rd 500.

1. Amendment of section heading, renumbering and amendment of former subsection 3147(a)(5)(C) to section 3137 subsection (b), and amendment of Note filed 6-6-96; operative 6-6-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 23).
2. Amendment of section heading and section filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
3. Amendment of subsection (b) 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.
4. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
5. 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.
6. 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.
7. 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.
8. 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.
9. Certificate of Compliance as to 10-4-2021 order, including amendment of subsection (c), transmitted to OAL 12-7-2021 and filed 1-5-2022; amendments operative 1/5/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 1).
10. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
11. 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).
12. Change without regulatory effect amending subsection (c) filed 2-28-2025 pursuant to section 100, title 1, California Code of Regulations (Register 2025, No. 9).