Section 3138 - Indigent Incarcerated Persons(a) Upon the request of an indigent incarcerated person, as defined in Section 3000, writing paper, envelopes, a writing implement, and the postage required for five (5) one-ounce First-Class letters per week, referred to as "indigent envelopes" shall be supplied. Incarcerated persons are not allowed to trade, transfer, or swap indigent incarcerated person supplies with other incarcerated persons.(b) Except as provided in subsection 3138(h), indigent incarcerated persons may use indigent envelopes to send any type of mail. Indigent incarcerated persons must relinquish the appropriate number of indigent envelopes to either their assigned Correctional Counselor I or housing unit staff with the item to be mailed at a rate of one indigent envelope for each full or partial ounce of the item of mail. If the item to be mailed weighs one ounce or less, the indigent incarcerated person must relinquish one indigent envelope. If the item to be mailed weighs more than five ounces, the indigent incarcerated person shall relinquish all five indigent envelopes. Staff shall forward the indigent envelopes with the item to be mailed to the mailroom with the notation that it is to be mailed for the indigent incarcerated person. In order to facilitate the mailing, if requested, staff shall provide the indigent incarcerated person with one appropriately sized envelope.(c) Foreign mail requiring postage in excess of the minimum required for First-Class Mail shall be limited to two of the five letters.(d) Indigent envelopes issued to an incarcerated person become their property. The incarcerated person shall be allowed to utilize the envelopes regardless of current financial status.(e) All incarcerated person requests for indigent envelopes shall be reviewed for authorization by the Trust Office.(f) Any incarcerated person attempting to use an indigent envelope issued to another incarcerated person shall be subject to progressive discipline pursuant to section 3312.(g) Except as provided in subsection 3138(h), indigent incarcerated persons sending mail to their attorney or any other confidential correspondent shall use indigent envelopes to send the mail.(h) Indigent incarcerated persons shall have free and unlimited mail to any court or the Attorney General's Office.(1) Upon request, institutions shall also provide indigent incarcerated persons free copying of legal pleadings and court forms, limited to the number of copies of a document required by the court, plus one copy for the opposing party and one copy for the incarcerated person's records.(2) If a case is accepted by the court, the need for future copies of legal pleadings and court forms, and necessary postage shall be evaluated on a case-by-case basis.(3) A charge shall not be placed against future deposits to the incarcerated person's trust account to recover the cost of materials, copying, or postage provided, while the incarcerated person was indigent.(i) Each institution shall establish local procedures for the issuance of writing supplies and indigent envelopes to indigent incarcerated persons.Cal. Code Regs. Tit. 15, § 3138
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 4570, Penal Code; Procunier v. Martinez, 416 U.S. 396; and Bell v. Wolfish, 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. Wolfish, 99 S. Ct. 1861.
1. Amendment filed 1-3-95 as an emergency; operative 1-3-95 (Register 95, No. 1). A Certificate of Compliance must be transmitted to OAL 6-12-95 or emergency language will be repealed by operation of law on the following day.
2. Reinstatement of section as it existed prior to emergency amendment filed 7-25-95 by operation of Government Code section 11346.1(f) (Register 95, No. 30).
3. Amendment of subsections (a)-(c) filed 7-25-95 as an emergency; operative 7-25-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-22-95 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-25-95 order transmitted to OAL 11-17-95 and filed 1-3-96 (Register 96, No. 1).
5. Renumbering of former subsections 3147(a)(9)(G) through (a)(9)(J) to newly designated subsections 3138(d) through (g), amendment of newly designated subsections (d)(1), (f)(1)-(f)(2), (g) and Note filed 6-6-96; operative 6-6-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 23).
6. Amendment of subsection (d)(1) filed 12-30-2003 as an emergency; operative 1-1-2004 (Register 2004, No. 1). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 6-9-2004 or emergency language will be repealed by operation of law on the following day.
7. Withdrawal and repeal of 12-30-2003 amendment filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-24-2004 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsection (d)(1) and Note filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 5-27-2004 order transmitted to OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
10. Renumbering of former section 3138 to section 3134 and renumbering of former section 3134 to new section 3138, including repealer and new section, filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4(Register 2008, No. 29).
11. Amendment of subsections (a) and (d) filed 9-17-2020; operative 1/1/2021 (Register 2020, No. 38). Filing deadline specified in Government Code section 11349.3(a)extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.
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).
13. Amendment filed 11-21-2024; operative 11/21/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 47).