Section 3165 - Mailing Legal Documents(a) The mailing of legal documents to courts and claims to the Department of General Services, Office of Risk and Insurance Management (DGS ORIM) is the incarcerated person's responsibility. Mail designated by the incarcerated person as legal mail will be delivered to the facility mail room for inspection, pursuant to Sections 3144 and 3145, and mailing in accordance with local facility mail procedures. The mail room shall maintain a current address list of federal, state, county, appellate, and district courts. The mail room will send mail out each working day.(b) With each transmittal of mail to a court or claim filed with the DGS ORIM requiring the addition of postage, the incarcerated person must submit a signed CDCR Form 193, Trust Account Withdraw Order (Rev. 07/24). The mail room will remove the trust account withdrawal order, enter the amount of postage required, and forward the order to the trust office for processing. Mail addressed to a court or claims addressed to the DGS ORIM will be posted on the incarcerated person's CDC Form 119, Mail Record.(c) Notarization of legal documents shall be available at all institutions. The incarcerated person shall pay the established notary fee for such service unless the incarcerated person is indigent as defined in Section 3000. When the incarcerated person requests notarization, they shall indicate which document they request to have notarized.(d) The cost of postage for mailing documents to the courts shall be charged against an incarcerated person's trust account unless the incarcerated person is indigent at the time the documents are submitted for mailing.Cal. Code Regs. Tit. 15, § 3165
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5007.7, Penal Code; and In re Jordan, 7 Cal. 3rd 930 (1972).
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5007.7, Penal Code; and In re Jordan, 7 Cal. 3rd 930 (1972).
1. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
2. New subsection (d) filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
3. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
4. Amendment of subsections (a) and (b) and amendment of Note filed 11-18-96; operative 12-18-96 (Register 96, No. 47).
5. Amendment of subsection (d) filed 11-24-2009; operative 12-24-2009 (Register 2009, No. 48).
6. Change without regulatory effect amending subsections (a) and (b) filed 1-8-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 2).
7. Amendment of section and Note 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.
8. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).