Section 3144 - Inspection of Confidential MailConfidential mail shall be opened and inspected for contraband in the presence of the incarcerated person addressee. Inspecting correctional staff shall not read any of the contents of the confidential mail. Confidential mail may be further inspected, for cause only.
(a) Cause may include, but is not limited to, the reasonable belief by correctional staff the presence of physical contraband in the mail. In such instances the mail shall be opened in the presence of the incarcerated person for determination. Staff shall contact the Headquarters CDCR Office of Legal Affairs if there are any questions regarding confidential mail.(b) Administrative action may be taken to restrict, for cause, the confidential mail privileges afforded to any person listed in subsection 3141(c) pursuant to this Article. (1) A first offense of a non-serious violation of the department's confidential mail regulations shall result in a written warning or up to a six-month suspension of the confidential mail privileges for a person listed in subsection 3141(c). A non-serious mail violation means a violation of the incarcerated person regulations that is not chargeable as a felony but is nevertheless unlawful, such as an enclosure of contraband into the confidential mail, or a misrepresentation of the sender or addressee's identity.(2) A second offense of a non-serious violation of the department's confidential mail regulations shall result in modification or suspension of confidential mail privileges for a period of up to twelve months.(3) A third offense of a non-serious violation of the department's confidential mail regulations or any violation of the department's confidential mail regulations that could be charged as a felony that jeopardizes the safety of persons, or the security of the institution, shall result in confidential mail privileges being suspended from one year up to an indefinite period of time.(4) A determination to suspend confidential mail privileges between an incarcerated person and a person listed in subsection 3141(c) shall not be delegated below the classification of Warden. Only the Director of the Division of Adult Institutions (DAI) or designee can issue a statewide suspension of confidential mail privileges. Changes to a decision shall be addressed by the Director, DAI or their designee. Factors for consideration when determining the duration of a modification or suspension of confidential mail privileges to include but are not limited to the risk of harm to the safety and security of incarcerated persons, staff or members of the public, the number of violations, and the evidence that a violation was intentional.(5) Any person listed in subsection 3141(c) may request reinstatement of their confidential mail privileges in writing to the Warden or Director of DAI. A decision to approve or deny a request for reinstatement shall be made on a case-by-case basis, in consideration of the totality of circumstances resulting in the suspension of confidential mail privileges. Factors for consideration includes but are not limited to evidence of good standing with a State Bar Association or with the community, as relevant, and lack of additional violations of departmental rules.(c) Upon determining that confidential mail contains contraband as described in section 3006, or if there is a misrepresentation of the sender's or the addressee's identity, the letter and any content may be examined and read in its entirety to determine the most appropriate of the following actions: (1) When the prohibited material or misrepresentation of identity indicates a violation of the law or an intent to violate the law, the matter shall be referred to the appropriate criminal authorities for possible prosecution. Any case referred to criminal authorities shall be reported to the Director of the DAI. When a case is referred to criminal authorities and the determination is made not to prosecute, the fact of the referral and the determination made shall be reported to the incarcerated person and to the incarcerated person's correspondent. The Director of the DAI shall be informed of the outcome of all referrals to criminal authorities.(2) When an incarcerated person's action indicates a violation of law, the regulations set forth in this article, or institution mail procedures, the incarcerated person may be subject to disciplinary action.Cal. Code Regs. Tit. 15, § 3144
Note: Authority cited: Section 5058, Penal Code. Reference: Section 2601, Penal Code; and Wolff v. McDonald, 94 S. Ct. 2963 (1974).
Note: Authority cited: Section 5058, Penal Code. Reference: Section 2601, Penal Code; and Wolff v. McDonald, 94 S. Ct. 2963 (1974).
1. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
2. Change without regulatory effect amending subsection (b)(4) filed 3-11-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 11).
3. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
4. Amendment filed 11-21-2024; operative 11/21/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 47).