Section 3161 - Incarcerated Person-Owned Legal Materials(a) Incarcerated person-owned legal materials, documents, law books, and papers shall be limited to the availability of space authorized by section 3190(b) for personal property in the incarcerated person's quarters or living area, except as specified in this section. Incarcerated persons may possess up to one cubic foot of legal materials or documents related to their active cases, in addition to the six cubic feet of allowable property in their assigned quarters or living area. Legal materials, documents, law books, and papers in excess of this limitation shall be disposed of pursuant to section 3191(c). Incarcerated persons may request the institution or facility store excess legal materials or documents related to their active cases(s) when such materials/documents exceed this one cubic foot additional allowance. Incarcerated Person-owned law books in excess of the additional allowance shall not be stored by the institution or facility. Institutions or facilities shall provide for the storage of excess legal materials, law books, or documents related to the automatic appeal of the conviction resulting in the sentence of death of condemned incarcerated persons.Cal. Code Regs. Tit. 15, § 3161
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, 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. 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-27-2004 order transmitted to OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
4. Redesignation and amendment of paragraph as subsection (a) filed 1-31-2024; operative 1/31/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 5).
5. 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).