Cal. Code Regs. Tit. 15, § 3282 - Use of Telephones by Inmates
(a)
For purposes of this section:
(1) An
"emergency call" means a telephone call regarding the serious illness or
injury, or the death of an inmate's immediate family member.
(2) A "confidential call" means a telephone
call between an inmate and his/her attorney which both parties intend to be
private.
(3) An "inmate telephone"
means a telephone designated solely to accommodate inmate-originated
nonconfidential personal calls.
(4)
An "intrafacility telephone" means a telephone which is not capable of
direct-dial connections to telephones outside of the facility.
(5) A "prison telephone" means a telephone
that is capable of outside access and is not monitored or
recorded.
(b) Facilities
shall provide inmate telephones for use by inmates consistent with their
assigned privilege group. Inmates may place collect telephone calls to persons
outside the facility at designated times and on designated telephones, as set
forth in local procedures. Limitations may be placed on the frequency and
length of such calls based on the inmate's privilege group as outlined in
section 3044, and to ensure equal access.
Telephone calls requiring the use of a Telecommunication Device for the Deaf
(TDD) or voice relay service shall have extended time scheduled due to the time
delay which results from the TDD relay process.
(c) An inmate shall not:
(1) Use an intrafacility telephone except as
specifically required or authorized by staff.
(2) Use a telephone capable of direct-dial
connection with a public telephone system, except as authorized by
staff.
(3) Charge a call to a
credit card.
(4) Place a third
party call.
(5) Ask the operator
for an emergency interruption.
(6)
Place a call to an "800," "900," "976," "911," "411," or other special service
number. Inmates that have a verified need to utilize the (1-800) TDD or relay
service shall notify the correctional staff to facilitate the (1-800) TDD
call.
(7) Place a call to an inmate
at any other facility.
(8) Place
calls to victims, peace officers, or other persons who have made an official
written request not to receive telephone calls.
(9) Knowingly participate in a forwarded,
transferred, or three-party call on an inmate telephone.
(d) Except as provided in this section, no
limitation shall be placed on the identities or relationships of persons to
whom an inmate may place a collect call.
(e) All inmate calls placed on intrafacility
and inmate telephones may be subject to monitoring and recording at any time by
institution staff.
(f) A
conspicuous notice in English and Spanish shall be posted at each inmate
telephone capable of recording and monitoring stating in both languages: All
numbers dialed and conversations on this telephone may be recorded and may be
monitored without any further notice. By using this telephone, you agree to the
monitoring and recording. It is your responsibility to notify the person called
that their conversation and telephone number may be monitored and will be
recorded." Staff who authorize an inmate to use an unposted telephone for a
nonconfidential call shall inform that inmate before the call is made regarding
the notice of monitoring/recording requirement.
(g) If staff designated by the institution
head determine that an incoming call concerns an emergency or confidential
matter, the caller's name and telephone number shall be obtained and the inmate
promptly notified of the situation. The inmate shall be permitted to place an
emergency or confidential call either collect or by providing for the toll to
be deducted from the inmate's trust account. A confidential call shall not be
made on an inmate telephone and shall not be monitored or recorded. If a call
is determined to be an attorney and inmate confidential phone call, in order
for the inmate to place or receive the call it must have already received
approval or clearance in accordance with subsections (g)(1), (g)(2) and (g)(4).
(1) Confidential calls may be approved on a
case-by-case basis by the institution head or designee, upon written request
from an attorney on the attorney's office letterhead stationery. The request
shall be made by written request via U. S. Postal Service or facsimile to the
Institution Litigation Coordinator or designee. To obtain approval/clearance,
the attorney shall provide in writing the following personal and professional
information:
(A) Name,
(B) Mailing address,
(C) Date of Birth,
(D) Valid driver's license or state-issued
identification card number.
(E)
Proof of current registry and good standing with a governing bar association,
and
(F) Indication of the
jurisdiction(s) licensed to practice law. If the requesting attorney wishes to
have a representative conduct the confidential phone call, the attorney
representative must provide all applicable information listed above in addition
to the attorney submitting their information. Refer to Title 15, subsection
3178(c)(1) for
attorney representative criteria.
(2) Requesting attorney/attorney
representative shall report any prior felony convictions or pending arrest
dispositions, describe and explain any prior suspension or exclusion from a
correctional facility, and declare under penalty of perjury one or more of the
following:
(A) They are the named inmate's
attorney either by appointment by the court or at the inmate's
request,
(B) They have been
requested by a judge to interview a named inmate for purposes of possible
appointment as counsel by the same court,
(C) They are requesting to call a named
inmate who may be a witness directly relevant to a legal process, purpose, or
proceeding,
(D) They are seeking to
interview a named inmate, at the request of the inmate, for the purpose of
representation of the inmate in a legal process, for a legal purpose or in a
legal proceeding, and
(E) They have
been requested by a third party to consult with the named inmate when the
inmate cannot do so because of a medical condition, disability or other
circumstance.
(3) Any
false statement or deliberate misrepresentation of facts specific to the
information required in subsection (g)(2) shall be grounds for denying the
request or cause for subsequent suspension or exclusion from all
institutions/facilities administered by the department.
(4) Upon receipt of the information specified
in (g)(1), a California law enforcement telecommunications system (CLETS) check
of the attorney/attorney representative through the Department of Justice and
verification of the attorney's credential through the governing state bar will
be conducted. Once the clearance and state bar verification have been obtained
and approved the attorney shall be contacted to schedule the confidential
telephone call with the specified inmate. Attorneys and attorney
representatives shall immediately report to the Institution Litigation
Coordinator any change in personal or professional information, arrest history
and or pending dispositions and declarations made in subsections (g)(1) and
(g)(2) to retain their approval/clearance. In addition, a CLETS check will be
conducted at least annually and as needed based on changes provided to the
above listed information or information from any source that such changes had
occurred.
(5) The date, time,
duration, and place where the inmate will make or receive the call, and manner
of the call are within the discretion of the institution head, except as
restricted herein. A confidential call from an inmate shall be placed as a
collect call or by providing for the toll to be deducted from the inmate's
trust account and made from a prison telephone or, with appropriate
authentication of the caller, may be received from an attorney.
(6) It is within the discretion of the
institution head, or his/her designee, to approve or deny a confidential call.
As long as the attorney/client communication privilege is not violated, a
confidential call may be denied where the institution head, or his/her
designee, determines that normal legal mail or attorney visits were appropriate
means of communication and were not reasonably utilized by the inmate or
attorney. Where demand for confidential calls seriously burdens institutional
operations, the institution head, or his/her designee, shall prioritize
confidential calls.
(7) Emergency
calls on prison telephones between an inmate and clergy, other religious
advisors, or health care professionals shall be approved or denied on a
case-by-case basis by staff designated by the institution head.
(8) Approved attorneys, approved attorney
representatives, and confidential phone call applicants still pending approval
may file a complaint regarding departmental policies, local procedures, or
staff decisions related to confidential phone calls with the Warden or other
official responsible for that housing unit.
(h) Telecommunication Device for the Deaf
(TDD) telephones shall be made available to inmates with a documented severe
hearing impairment for personal, emergency, and confidential calls, which shall
be subject to the provisions of this section.
(1) Assistive device telephones and
additional time on telephones may be necessary to provide accommodations for
inmates and their callers with disabilities.
(2) The facility shall provide for the
procedures necessary to ensure effective telephone communications for inmates
with disabilities and/or the disabled person(s) with whom they are
communicating.
(i) All
calls made on inmate telephones shall have an announcement before and at random
intervals during the calls stating that the call is from an inmate at a
California state correctional facility and is being recorded.
Notes
2. Amendment of subsection (c) filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).
3. Amendment filed 7-8-93; operative 8-9-93 (Register 93, No. 28).
4. New subsection (k) filed 6-17-94 as an emergency; operative 6-17-94 (Register 94, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-15-94 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-17-94 order transmitted with amendments to OAL 10-17-94 and filed 12-1-94 (Register 94, No. 48).
6. Amendment filed 7-28-97 as an emergency; operative 7-28-97 (Register 97, No. 31). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 1-5-98 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of subsection (c)(6) (Register 98, No. 6).
8. Certificate of Compliance as to 7-28-97 order, including further amendments, transmitted to OAL 12-17-97 and filed 2-2-98 (Register 98, No. 6).
9. Amendment of subsections (g)-(g)(1), including renumbering of portion of subsection (g)(1) to new subsection (g)(5), new subsections (g)(1)(A)-(F), renumbering of former subsections (g)(2)-(3) to new subsections (g)(6)-(7) and new subsections (g)(2)-(4) and (g)(8) filed 1-8-2008; operative 2-7-2008 (Register 2008, No. 2).
10. Amendment of subsection (b) filed 9-24-2013 as an emergency; operative 9-24-2013 (Register 2013, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-3-2014 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 9-24-2013 order transmitted to OAL 2-20-2014 and filed 3-24-2014 (Register 2014, No. 13).
12. Amendment of subsections (g) and (g)(8) 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.
13. 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.
14. Amendment of subsections (g) and (g)(8) 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.
15. Amendment of subsections (g) and (g)(8) 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.
16. Certificate of Compliance as to 10-4-2021 order transmitted to OAL 12-7-2021 and filed 1-5-2022 (Register 2022, No. 1).
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
2. Amendment of subsection (c) filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).
3. Amendment filed 7-8-93; operative 8-9-93 (Register 93, No. 28).
4. New subsection (k) filed 6-17-94 as an emergency; operative 6-17-94 (Register 94, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-15-94 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-17-94 order transmitted with amendments to OAL 10-17-94 and filed 12-1-94 (Register 94, No. 48).
6. Amendment filed 7-28-97 as an emergency; operative 7-28-97 (Register 97, No. 31). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 1-5-98 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of subsection (c)(6) (Register 98, No. 6).
8. Certificate of Compliance as to 7-28-97 order, including further amendments, transmitted to OAL 12-17-97 and filed 2-2-98 (Register 98, No. 6).
9. Amendment of subsections (g)-(g)(1), including renumbering of portion of subsection (g)(1) to new subsection (g)(5), new subsections (g)(1)(A)-(F), renumbering of former subsections (g)(2)-(3) to new subsections (g)(6)-(7) and new subsections (g)(2)-(4) and (g)(8) filed 1-8-2008; operative 2-7-2008 (Register 2008, No. 2).
10. Amendment of subsection (b) filed 9-24-2013 as an emergency; operative 9-24-2013 (Register 2013, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-3-2014 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 9-24-2013 order transmitted to OAL 2-20-2014 and filed 3-24-2014 (Register 2014, No. 13).
12. Amendment of subsections (g) and (g)(8) filed 3-25-2020 as an emergency; operative
13. 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.
14. Amendment of subsections (g) and (g)(8) refiled 2-25-2021 as an emergency; operative
15. Amendment of subsections (g) and (g)(8) refiled 10-4-2021 as an emergency; operative
16. Certificate of Compliance as to 10-4-2021 order transmitted to OAL 12-7-2021 and filed
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