Cal. Code Regs. tit. 15 § 3160

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 3160 - Incarcerated Person Access to Courts

(a) Incarcerated person access to the courts shall not be obstructed. Staff shall assist illiterate incarcerated persons or those physically incapable of preparing forms adopted under rules of the United States courts and the Judicial Council of California for petitions for habeas corpus or modification of custody if such an incarcerated person requests assistance. Staff shall not in any way retaliate against or discipline any incarcerated person for initiating or maintaining a lawsuit.

(b) In addition to any other court costs, filing fees, or procedures, an incarcerated person initiating a state civil action shall pay a three-dollar ($3) filing fee to the Department.

(1) Civil actions are defined as any non-criminal actions. For the purposes of this regulation, habeas corpus actions are not considered civil actions.

(2) The filing fee shall be charged against the incarcerated person's trust account.

(3) If the incarcerated person is without sufficient funds at the time of the charge, the civil action shall be allowed to be transmitted to the courts, and the incarcerated person shall not be charged for any remaining balance of the filing fee.

Cal. Code Regs. Tit. 15, § 3160

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 2601, Penal Code.

1. Amendment of section heading and text and new Note filed 10-19-93; operative 11-18-93 (Register 93, No. 43).
2. Newly designated subsection (a), new subsections (b)-(b)(2) and amendment of Note 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 A Certificate of Compliance must be transmitted to OAL 6-12-95 or emergency language will be repealed by operation of law on the following day.
3. 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).
4. New emergency amendment filed 7-25-95; 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 A Certificate of Compliance must be transmitted to OAL by 11-22-95 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-25-95 order transmitted to OAL 9-7-95 and filed 10-16-95 (Register 95, No. 42).
6. 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).